ACLU Sues Michigan Over Anti-Gay DP Benefits Law

Previously MadProfessah had blogged about a new discriminatory law signed into effect by Republican Governor Rick Snyder which would ban public employees (at the state, county, or city level) from receiving benefits based on domestic partner status. Now comes word that the American Civil Liberties Union is suing the Governor and the state of Michigan to strike down the law in court.

The case is known as Bassett v. Snyder:

The lawsuit charges that the new law discriminates by categorically denying domestic partners access to benefits and violates the constitutional right to equal protection by forcing gay and lesbian employees in committed relationships to carry the financial hardship and anxiety of being uninsured, while allowing heterosexual couples to marry and receive family health protections. In addition, the law only bars domestic partners from receiving health care coverage, while allowing government employers to offer benefits to all other family members, including parents, siblings, uncles and cousins.

“It’s unconstitutional for the state of Michigan to deprive a small number of workers the means to take care of their loved ones when other similarly situated workers do have access to family coverage,” said Amanda C. Goad, staff attorney for the ACLU LGBT Project. “In an economic downturn, the state should be passing laws to make it easier for families to take care of each other, not to take protections away.”

Proponents point to the “high cost” of domestic partner health care coverage as the motivating force to enact such a law. However, an analysis of programs across the state proves these numbers to be wildly inaccurate. In fact, studies show such coverage, in addition to attracting and retaining the best employees, costs well under one percent of the health care budget of public employers who voluntarily provide these benefits. In addition, unlike married couples, domestic partners must pay taxes to the state on their health insurance benefits – revenue the state would lose under the new law.

As Ari Ezra Waldman over at TowleRoad comments, this case is really about more than just domestic partnership benefits, it's about whether the state can discriminate on the basis of sexual orientation without a legitimate governmental purpose or compelling justification.

The answer is, of course, "heck no!"

MI: Governor Signs Bill Ending DP Benefits For Public Employees

Governor Rick Snyder (R) was elected in 2010 and used his Republican majority
in both houses to strip domestic partner benefits from all unmarried public employees

Wow. This is incredibly horrendous news (especially if you live in, or know anyone who lives in, Michigan). The Republican Governor and State Legislature of Michigan have enacted a law which bans the state (and any local subdivision) from offering domestic partnership benefits to public employees.

AnnArbor.com reports:

Public employees, including state and local government workers and public school teachers, will no longer be allowed to extend their health care benefits to domestic partners.

It is unclear whether the bill applies to state universities, although Snyder asserts that it does not. House Republicans, meanwhile, say it does apply to university employees.

The move is a blow to gay and lesbian activists throughout the state.

"We’re so very disappointed in the governor," Kary L. Moss, executive director of American Civil Liberties Union's Michigan chapter, said in an interview. "This was the moment for him to show real leadership, to rise above what I believe is petty politics, to tell the rest of the country that Michigan is not living in the dark ages and to create an open, inclusive Michigan."

Governor Snyder vetoed a companion bill (HB 4771) which would have applied the domestic partnership ban (HB 4770) to state universities while he signed this bill into law.