Same-Sex MarriageMichigan’s Governor Rick Snyder issued today a press release announcing that Michigan will not recognize any of the 300 plus same-sex marriages that were performed last weekend. These same-sex marriages were performed after a federal judge declared Michigan’s ban on same-sex marriage to be unconstitutional.

Unwilling to accept this decision, Michigan Attorney General Bill Schuette decided to appeal the ruling to the federal court of appeals and further asked that this court stay the earlier decision to determine the matter. Mr. Schuette’s request was in part granted and the earlier ruling was halted over the weekend.  

This left open, however, for Michigan residents and employers the question of what to do with the same sex-marriages that were performed between the ruling that Michigan’s ban was unconstitutional and the staying of that decision. 

Governor Snyder answered that question today in a press release. But that answer suggest that Michigan is in the awkward position of talking out of both sides of its mouth.

Specifically, the Governor has taken the position that the same-sex marriages performed after Michigan’s ban was found to be unconstitutional by a federal judge were legally performed and were valid. But because a federal circuit court later granted a stay of that ruling, the rights and liberties arising under those legally and valid marriages are not going to be recognized by the state and are suspended.

Governor Snyder’s press release reads in part as follows:      

After comprehensive legal review of state law and all recent court rulings, we have concluded that same-sex couples were legally married at county clerk offices in the time period between U.S. District Judge Freidman’s ruling and the 6th U. S. Circuit Court of Appeals temporary stay of that ruling …. The couples with certificates of marriage from Michigan courthouses last Saturday were legally married and the marriage was valid when entered into. Because the stay brings Michigan law on this issue back into effect, the rights tied to these marriages are suspended until the stay is lifted or Judge Friedman’s decision is upheld on appeal.

Over the weekend and prior to this press release, our office was inundated with questions form HR professionals and Michigan employers about what the rulings would mean for their business operations and employee benefit programs. Such questions were especially important because Michigan’s primary anti-discrimination employment statute prohibits discrimination based on an individual’s marital status. 

Well, Governor Snyder’s press release answers those questions – absolutely nothing until further ordered.

Unfortunately and regardless of your politics or beliefs, the fact is that over 300 families have been stripped of their legal rights – rights that were lawfully provided by Michigan officials. And it is dangerous ground when that can happen simply because the government says it can, which, as noted by Judge Friedman, is something that should not happen under principles of equal protection:

Today’s decision … affirms the enduring principle that regardless of whoever finds favor in the eyes of the most recent majority, the guarantee of equal protection must prevail.

For more information about Michigan employment law, including sexual orientation discrimination issues contact Jason Shinn. Mr. Shinn is a Michigan employment attorney who has represented employers and individuals since 2001.