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Legislation and Regulation Keyed to Eskridge, 1st Ed.
National Pride at Work v. Governor of Michigan
Citation:
481 Mich. 56, 748 N.W.2d 524 (2008)Facts
In November 2004, Michigan voters approved an amendment to the state constitution providing that “the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.” At that time, several public employers in Michigan, including state universities and local governments, had policies extending health insurance benefits to employees’ same-sex domestic partners. After the amendment took effect, the Michigan Attorney General issued a formal opinion concluding that these policies violated the amendment by recognizing domestic partnerships as unions similar to marriage. The plaintiffs, including National Pride at Work and 41 individuals, filed suit seeking a declaration that the amendment did not prohibit public employers from providing such benefits. The policies at issue typically required domestic partners to meet certain criteria, including being of the same sex, not being married to someone else, not being closely related by blood, sharing a residence, and being in a committed relationship. The Governor supported the plaintiffs’ position, while the Attorney General intervened to defend his interpretation of the amendment.
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