Struggling for same-sex equality
By Brittany Shammas (Last updated: 06/24/09 12:20am)Marriage is something urban planning graduate student Matt Earls says he’s always dreamed about. But for Earls and his boyfriend, public policy graduate student Paul Holland, marriage remains a dream in Michigan, where a 2004 amendment to the state constitution banned same-sex marriage.
“I guess I just don’t know why my same-sex preference is stopping me,” Earls said. “There’s just something about marriage that seems a lot more concrete than, ‘I’m in a relationship.’ I think it adds more stability.”
Holland and Earls, who have been dating for more than a year, are one couple out of thousands in Michigan hoping for a change to current restrictions on same-sex marriage. The couple said they are confident Michigan is headed toward equality.
History
Michigan’s 2004 vote to approve Proposal 2 created an amendment to the state’s constitution that defined marriage as between one man and one woman, making same-sex marriage illegal within the state.
The proposal was designed to protect families as the foundation of society, said Marlene Elwell, who helped draft it as director of Citizens for the Protection of Marriage. The basic unit of a family, which is the strength of a nation, has always been a man, a woman and their children, she said.
“A marriage is between only one man and one woman,” she said. “It doesn’t mean you have four women together and that defines a family. It’s been like that forever. It’s just that in recent years, people want to change that.”
Holland said although he understands the position of a person who doesn’t want to see a religious term used to define something against his or her beliefs, he doesn’t think it is fair for marriage to be tied to civil statute. The benefits that come with marriage should be available for everyone, regardless of their sexuality, he said.
“Since the word marriage is entwined in civil law, then civilly, everyone’s entitled to marriage,” he said.
Three years after the proposal was approved, MSU, which began offering domestic-partnership benefits to same-sex couples in 1997, was forced to change its policy in 2007, MSU Trustee Colleen McNamara said.
The former policy was illegal under the amendment to the constitution, she said. McNamara said MSU’s current policy, which now complies with state law, still has the effect of providing benefits to same-sex couples employed by the university.
Gary Glenn, president of the American Family Association of Michigan, which filed a suit against MSU for the same-sex benefits it offered, said offering benefits to same-sex couples equates their relationship with marriage, which is unconstitutional.
“The only thing states can recognize as a marriage is the union of one man and woman,” he said. “(That union) is a role-model relationship for each successive generation of children.”
Since Proposal 2’s approval, all Michigan legislation promoting benefits for gay people has occurred at the county and township level, said Julie Nemcek, co-director of Michigan Equality. Twenty percent of the state’s population now resides in areas where ordinances prohibit housing and employment discrimination on the basis of sexuality, she said. Rep. Pam Byrnes, D-Lyndon Township, recently announced plans to introduce legislation to overturn the ban on same-sex marriage in Michigan. Byrnes could not be reached for comment.
Changes
The greatest progress made toward same-sex benefits in Michigan and in the nation as a whole are changes in the prevailing attitude toward gays, Nemcek said. The public has developed a greater understanding of gay people and relationships, she said.
Twenty years ago, Holland said some people still used the word “degenerate” to describe a gay person. Now, he said, the word is recognized as inappropriate. Progress toward equality is under way, even though it is moving slowly, Holland said.
“Our country, even through hiccups and starts, has become more equal over time,” he said. “In the next 10 years, I’m pretty confident gay marriage will be in Michigan. I think we’re headed in that direction.”
MSU social science professor Stephanie Nawyn said as more gay individuals feel comfortable coming out, the public grows more understanding of the importance of gay rights, she said.
“More people now know they have friends, they have family members who are gay and lesbians and what that’s done is made people see they aren’t crazy or sex-crazed, they’re people that they know, they’re people they love,” she said.
“That has done a tremendous amount to change people’s attitudes toward gay marriage.”
Research now indicates most Americans think gay couples should be allowed to visit each other in the hospital and inherit each other’s estates, and more than half support some form of same-sex marriage, Nawyn said.
Nationwide
In the past 10 years, six states have legalized same-sex marriage and three have created provisions for partnerships, said Michael Craw, an MSU professor in James Madison College. Beginning with Hawaii in 1993, the movement to extend marriage to same-sex couples has taken off in recent years, he said.
Iowa was the most recent state to legalize gay marriage in April, joining Maine, New Hampshire, Vermont, Massachusetts and Connecticut, he said.
In the long run, the outlook is positive for same-sex marriage, as exposure to and acceptance of gay men and women has expanded nationwide, Craw said. Nawyn said people who have friends or family members who are gay are more likely to be open to same-sex marriage, using former Vice President Dick Cheney as an example. Cheney, whose daughter is a lesbian, now supports same-sex marriage, she said.
“These are people who sit at your dinner table,” she said. “As it has become more acceptable, people become more open to allowing them the same rights — and marriage is just one of those.”
But the issue will play out at the level of each individual state, Craw said.
In Michigan, if the issue of same-sex marriage could return to the ballot, Elwell said she would be prepared to fight again to keep marriage between a man and woman.
Holland said although he doesn’t think Michigan will legalize same-sex marriage by the time of the next election cycle, it could be possible within six years. He and Earls have discussed marriage, and would be disappointed to have to leave the state if they decided to get married before the state makes marriage legal.
“Both of us were born and raised here, we’ve gone to school here,” Holland said. “We both have pride in our state and we love our state. It’s not only inconvenient, but it’s nothing that weighs us down. We just wish it wasn’t that way … It’s something you hope for.”
Originally Published: 06/23/09 11:23pm



















Tak
06/24/09 4:25amThere has been a massive generational shift on this issue. People over 30 are divided on the issue of same sex marriage, but most people under 30 really don’t see what the big deal is. This trend will follow in the next generation, and so on.
In other words, before too long, resistance to gay marriage will quite literally die off.
Sometimes justice comes with the sword, sometimes the scythe.
John
06/24/09 8:17amFantastic article, Brittany Shammas. This is just another reason why the people of Michigan need to dust off, step up and work hard to make the state an accepting and progressive place to live.
Michigan Law
06/24/09 8:50am§ 28.570 (MCL §750.338) Gross indecency between male persons; attempts; penalty; commission by sexually delinquent person; penalty.
Sec.338.
Any male person who, in public or private, commits or is a party to the commission of or procures or attempts to procure the commission by any male person of any act of gross indecency with another male person shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500.00, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.
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Matt
06/24/09 9:27amHey Michigan Law,
The Michigan Sodomy Law was declared unconstitutional in 1990 in the case of Michigan Organization for Human Rights v. Kelley. Furthermore all anti-homosexual sodomy laws were declared unconstitutional in the US Supreme Court ruling Lawrence v. Texas (2003). Your repeating an old law is like quoting the Michigan Anti-Miscegenation Law, a law which forbade interracial marriages, which has since been repealed. What is the merit of your post to this discussion?
Kham
06/24/09 10:05amMarriage is NOTHING MORE than a legal contract between two people and the state. I can’t see the opposition’s side to this. Its just a contract, nothing more. As far as I know, gays are not demanding to be married in YOUR church. They are just demanding equal treatment as a tax payer. Thats fine by me.
shadow_man
06/24/09 11:13amFor those of you claiming homosexuality is a “lifestyle”, that is a false and ignorant statement. Homosexuality is not a choice. Just like you don’t choose the color of your skin, you cannot choose whom you are sexually attracted to. If you can, sorry, but you are not heterosexual, you are bi-sexual. Virtually all major psychological and medical experts agree that sexual orientation is NOT a choice.
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shadow_man
06/24/09 11:15amHomosexuality is not a sin according to the Bible. Any educated Christian would know that. Scholars who have studied the Bible in context of the times and in relation to other passages have shown those passages (Leviticus, Corinthians, Romans, etc) have nothing to do with homosexuality. These passages often cherry-picked while ignoring the rest of the Bible. The sins theses passages are referring to are idolatry, prostitution, and rape, not homosexuality.
http://www.soulfoodministry.org/docs/English/NotASin.htm
Thats why Jesus never mentions it as well. ...http://www.jesus21.com/content/sex/bible_homosexuality_print.html
http://www.christchapel.com/romans_inter.html
http://www.stjohnsmcc.org/new/BibleAbuse/BiblicalReferences.php
http://www.gaychristian101.com/
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Chelsea
06/24/09 11:44amIn reply to shadow_man. You are wrong. The Bible clearly condemns homosexuality. You can twist and make excuses all you want, but it literally states it as a sin.
A sin. Just a sin. Just like any other sin. Something that needs to be confessed and worked on and eventually stopped. Just like I need to stop swearing or putting other things before God or being mean to my sister.
God loves everyone.
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Marie
06/24/09 11:56amexcellent post Chelsea
Todd
06/24/09 12:05pmSo if homosexuality is not a choice, then that must make it a genetic defect, right? That makes sense, since the ultimate biological goal of sexual relations is to procreate the species.
Matthew
06/24/09 12:31pmWhat doesn’t the Bible condemn? Sure there is murder, adultery, rape and incest, but who are we, mere mortals, to ignore all the precepts of the Divine Creator? Have you ever worn clothing made from two types of material? Have you ever made a bet? How about ordered your steak rare or undercooked? I’m sure you all keep Kosher right?
Sure Christians like to say, they have entered into a New Covenant with God and that all the Old Testament commands (except the ones they conveniently choose are valid). However, this argument is false.
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Dave
06/24/09 12:40pmBen,
I know it is easy to pull the knee-jerk reaction when told you are no longer allowed to do something, but lets take a moment to honestly look at how you are framing “equality”. Under the current status quo, only heterosexual couples are allow access to the legal benefits of marriage; Homosexual couples are being actively denied access to those same rights. Allowing equal access to such benefits does absolute nothing to restrict the ones you yourself already have the ability to enjoy, which is the basic idea of equality in the first place.
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Steven Leong
06/24/09 1:03pmGod created Gay! It’s definitely not a choice! Anyone who knows a Gay person knows this “truth”! The question many Christians should be asking is “Why did God create Gays?”. THE WORLD IS OVERPOPULATED WITH LIMITED FOOD AND NATURAL RESOURCES…HETEROSEXUALS ARE ABANDONING CHILDREN FOR WHAT EVER REASONS …Maybe God came up with an ANSWER!
Instead of working with God, so many churches are pouring instead, OBSCENE AMOUNTS OF MONEY into trying to stop two people created differently form themselves from “tying the knot”…money which could help the poor.
I believe Christ had a word for this … “HYPOCRITES”! The Goliath Churches who continue to crucify these people created by God will eventually see the light!
WHAT ONE SOWS, SO SHALL THEY REAP!
Steve Leong – Hawaii
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Chelsea
06/24/09 1:24pmSteven Leong: God did not create sin, we did, but just because temptation is present does not mean we cannot overcome it.
You are right, hypocrites and those who judge will reap what they sow. Those who do this are in the wrong and sinning. I apologize for their actions and I am saddened by their lack of love for others. My interpretation of the efforts to stop homosexual marriage is not to interfere or not help the poor, but to help protect and encourage the ways of life that God created. Marriage is not just a contract (Kham), it is a union before God and man and a promise. Marriage was encouraged and sacred and still should be.
Chelsea
06/24/09 1:36pmMatthew: We are not bound to the law. The reason we look back on the laws of the Old Covenant is because they were created to show sin. They were created in context of the times. Jesus meant to keep in mind the commandments and laws, but to not let them rule over you. Not to be ungodly, but also not be legalistic. Jesus himself healed on the Sabbath, which would technically break the law if what you are saying was true, but we are NOT bound by the law, Jesus did not sin and was perfect atonement of the sin of the world.
Matthew
06/24/09 1:54pmChelsea: Again, my complaint is you are picking and choosing laws and commandments from the Bible at your own discretion. How can some laws be created in the context of the time they were written but others be absolute for all ages and all people? Who decides which ones are still valid and by what authority does he/she make this decision?
Just out of curiosity, how do you feel about divorce? Is that not the gravest crime against marriage? Does not divorce and remarriage constitute the sin of adultery? (“What God has joined together, let no man put asunder..”)
Kham
06/24/09 2:01pmChelsea Yes is is a contract, and GOD has NOTHING to do with it. Why are you forcing your God on others. Separation between Church and State Chelsea, if you dont have that you only have a different flavor of Islam. Yes sure you believe in God, and Jesus, and thats fine, if you talk to me about is I will tell you why thats stupid. When you push your beliefs upon others, you negate any respect you will get from me.
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Kham
06/24/09 2:05pm(sorry for all those typos, I had to go self edit all the bad words out, and I made a mess of things, again, I apologize)
Paul
06/24/09 2:40pmPlease stop bickering about ancient scriptures that have absolutely nothing at all to do with our civil law…this is not about what you “believe” or how you interpret your scriptures…it is about secular civil law and equality before the state…it is a legal argument and is not a difficult one if those preoccupied with their tribal and fanatical superstitions would embrace even a ounce of incredulity…everyone ought to be governed by the same law, under the same processâ¦this is equality and it is simple…no church is being consulted and religious followers ought to keep their babble and bickering within their churches and let the rest of us adults work to build a more just world for all people while they pine for death and the “kingdom” to come…
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Chelsea
06/24/09 2:50pmI’m really sorry if I have offended anyone. I’m only here to voice my opinion!! I completely understand if you agree and you are welcome to disagree. We all have our views and I don’t want to force mine on anyone, just voice them :-)
Anyway..
Matthew: We do not pick and choose laws. I will not sacrifice an animal to earn forgiveness because Jesus has done that.
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Paul
06/24/09 3:34pm“America was founded upon radical Christian beliefs.” This is patently false Chelsea, I don’t know what they tell you in church, but the American government was founded on radical secular sentiments; a government of civil law enacted by the people, not a government of god administered by the church. I must be mistaken about the Treaty of Tripoli being unanimously ratified in the Senate and Signed by President Adams in 1797 and proclaims that “the Government of the United States of America is not, in any sense, founded on the Christian religion.” As for “Christians hav[ing] given freedom to all other religions…” I guess I should thank you and all those charitable Christians for giving me my freedoms.
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Kham
06/24/09 3:36pmYour idea of history is jaded. The Founding fathers like Thomas Jefferson (Christianity is the most perverted system that has ever shone on man), James Madison, Benjamin Franklin (Lighthouses are more useful than churches), John Adams (This world would be the best of all possible worlds if there were no region in it) These guys? I dont know you, but usually at this point you folks jump to the” In God we Trust” argument.
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DJJ
06/24/09 3:37pmBest solution: abolish state recognized sanctioned marriages, leave it as private contracts between individuals, get the state out of it. Eliminate special heterosexual marriage insurance benefits. So literally, THIS WHOLE EFFING THING IS ABOUT INSURANCE BENEFITS, because gays certainly aren’t concerned about not living in sin.
Kham
06/24/09 3:42pm“The way to see by Faith is to shut the Eye of Reason.”
Franklin, Benjamin on Faith
Dave
06/24/09 4:08pmAccess to insurance benefits is certainly a component of the issue, but far from the whole thing. Issues with inheritance, adoption, spousal privilege, and co-ownership of property along with numerous other outstanding issues need to be addressed. The simplest way to go about that from where we currently are is to drop restrictions that marriage can only be for a heterosexual couple and allow homosexual couples to operate within the established social and bureaucratic framework.
To be frank, saying that the whole thing is about insurance (money, essentially) is terribly offensive.
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