On June 26, 2013, the United States Supreme Court struck down a key provision of the federal Defense of Marriage Act (DOMA).
The decision will not have an impact on Michigan’s ban on same-sex marriage. It may however breath new life into attempts to repeal the same-sex marriage ban.
Since the Court found the law unconstitutional, some same-sex couples may qualify for federal benefits which were previously unavailable to them. Just a few of the federal benefits legally married gay couples will now have access to allows them to:
- Sponsor their spouse for immigration benefits.
- File income taxes jointly.
- Have joint parenting rights, such as access to children’s school records.
- Have next-of-kin status for emergency medical decisions.
- Have family visitation rights, such as a visit to a spouse in a hospital or prison.
- Receive custodial rights to children, shared property, child support and alimony/spousal after divorce.
- Qualify for domestic violence intervention.
- Receive spousal funeral and bereavement leave.
- Inherit property.
- Receive spousal support benefits in which an officer spouse is killed in the line of duty.
- Receive spousal Social Security payments.
- Have immunity from testifying against spouse.
- Apply for housing assistance if in a low-income family.
- Apply for copyright renewal for works created by their deceased spouse.
- Receive spousal recognition for policies governing burial at Arlington National Cemetery.
Michigan is a state which adopted a constitutional amendment to ban same-sex marriage in 1994 with 50% of voters in favor of the ban. Public opinion is changing nationally and in Michigan. Several polls conducted in the last 18 months show 56% of Michigan citizens now favor same-sex marriage, an increase of over 12% from polls taken a year earlier.
Several developments in Michigan in this area include a new ruling by Judge Lawson, a federal judge, overturning the Michigan law barring gay partners from receiving benefits given to their heterosexual counterparts; a ruling is expected from Judge Bernard Friedman of the United States District Court on the constitutionality of the marriage of April DeBoer and Jayne Rouse, a lesbian couple. Michigan Democrats have introduced legislation in the Michigan House and Senate to change the law which have a snowball’s chance in hell of passing in a Republican dominated legislature. Other activists are beginning preparation for a 2016 ballot proposal to be placed on the ballot in Michigan to seek citizen support to repeal the 2004 law.
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