

Benefits
Gain Spotlight in Bills, on Ballots
A Backward Ruling in Michigan Reveals Right-Wing Reliance on Courts
by Hans Johnson
President, Progressive Victory
Contributing Editor, In These Times
For conservatives, the impact of the '06 election is still sinking in. It's
not just the loss of Congress or the attention lavished on the Democratic
presidential aspirants that signals their diminished stature. The right wing
is also undergoing a very painful role reversal rooted in its age-old
accusation that liberals can't win elections and look instead to courts for
their authority. One area where the switcheroo now playing out among
conservatives becomes plain is the politics of recognizing same-sex couples.
Late last week, in Michigan, a three-judge panel of the state court of
appeals held that domestic partner benefits for public-sector workers are no
longer permissible. The ruling followed approval by state voters in Nov.
2004 of a sweeping antigay proposal meant to bar gay couples from ever
attaining equal access to civil marriage. But the measure went much further:
it also prohibited recognitions similar to marriage under state law.
This fuzzy language encompassed a host of hard-won health benefits for the
committed same-sex partners of city and state workers under various
collective bargaining agreements. In thrall to antigay activists, the state
attorney general, Mike Cox, sued to cancel existing benefits. He used the
ballot measure as leverage. And despite counterarguments by the gay labor
group Pride At Work and the ACLU, the 3-member panel of the appeals court
took his side.
That conservatives should rush to court to claim victory is a strategy rife
with hypocrisy. For fifty years, from school desegregation to reproductive
privacy to abolition of sodomy laws by the U.S. Supreme Court, opponents of
the rights revolution mocked progressives by alleging they couldn't prevail
at the ballot box and so headed instead to the bench. Especially on gay
issues, right-wing politicos from local school boards up to the Bush White
House built campaigns and even careers on attacking same-sex couples. They
exploited public ignorance and stigma while denouncing gay-rights' groups
reliance on the courts to kill or curb their hostile measures.
It's also why conservatives' shift to the courts in Michigan indicates their
gradual loss of power. In 2001, a coalition defending domestic-partner
benefits from outright prohibition won a decisive battle at the ballot box
in Kalamazoo. The next year, Cox narrowly won office, thanks in part to a
third-party also-ran who siphoned votes from the Democrat. Now, five years
later, foes of recognizing same-sex couples claim a temporary triumph only
after disguising the death-sentence-for-benefits phrase within the '04
ballot measure. The case seems likely to go before the state supreme court.
Nationwide, domestic-partner benefits are showing up well beyond the
traditional, local arenas of consideration and are increasingly a priority
for state lawmakers. Washington legislators took up a partnership bill this
month and could soon pass such a law. Oregon may not be far behind. While
Massachusetts remains the only state with full-fledged marriage equality,
New Jersey just built on its own strong benefits law, passed in '04, to join
Vermont and Connecticut as states with comprehensive civil-unions
legislation covering same-sex couples. California, whose partnership
statutes are a national model, may also improve even on that standard by
repeating the feat of two years ago: passing an equal-marriage statute
through the legislature. So much for winning partnership protections only
via "unelected judges"!
Enjoying above 60 percent public support in most polls, partnership benefits
are likely to gain the spotlight during the 2008 presidential race. All the
Democratic candidates are supportive. But on the Republican side, only
Giuliani and McCain break the lockstep contempt for such policies expressed
by the cast of antigay scolds. And even McCain must explain the prominent
role he played in trying to pass a sweeping antigay measure in Arizona in
'06 that would have taken away benefits from committed same-sex couples. In
another sign of gay people's increasing clout at the ballot box, voters
nixed that proposal long before it ever came before the courts.
In the run-up to 2008, advocates of gay rights will still look to the bench
as one part of policy battles to gain recognition for committed same-sex
couples. But going to court to block them is fast becoming a path of first
resort for their opponents.