http://www.pslweb.org/site/News2?JServSessionIdr007=2t8qry4nc2.app5b&page=NewsArticle&id=9125&news_iv_ctrl=1261Friday, May 16, 2008
By: Saul Kanowitz
Supreme Court ruling twists logic to promote bigotry
On May 8, a 5-to-2 Michigan Supreme Court decision denied the right of public sector workers in same-sex relationships the right to domestic partner medical benefits. The justices used a 2004 amendment to the Michigan constitution defining marriage as a union between a man and a woman—an amendment that says nothing about same-sex partnerships—as the basis for their reactionary ruling.
In a bit of absurd legal doublespeak, the court explained it was denying domestic partner health benefits because these partnerships have many of the characteristics of a heterosexual marriage. The ruling spelled out how the joint responsibility for basic living expenses, including the cost of food, shelter and other common expenses of maintaining a household, are common to same-sex and opposite-sex couples.
Twenty-one couples and National Pride At Work, the LGBT constituency group of the AFL-CIO, were the plaintiffs representing unionized public-sector workers. Union contracts that include domestic partner benefits have been directly affected as cities and other public entities in Michigan have dropped domestic partner benefits as a result of the 2004 amendment.
In an irony of legal tactics, the ACLU, representing the plaintiffs, downplayed the issue of equality of same-sex relationships to skirt the anti-gay marriage amendment. Its lawyers argued that public employers did not view same-sex partners as "spouses"; thus, there was no violation of the 2004 amendment.
The tactic backfired as the court again affirmed the validity of same-sex relationships, writing, "
ust because a public employer does not refer to, or otherwise characterize, a domestic partnership as a marriage or a union similar to a marriage does not mean that the employer is not recognizing a domestic partnership as a marriage or a union similar to a marriage."
The U.S. ruling class is opposed to recognizing same-sex relationships and extending the 1,000 plus benefits that opposite-sex couples enjoy for two reasons.
FULL story at link.