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Wednesday, August 25, 2004

BAD AMENDMENT SHOULD BE ON BALLOT: Detroit Free-Press editorial

The State Board of Canvassers plainly overstepped its authority in blocking a proposed ban on gay marriage from the Michigan ballot this fall. The board's well-established role in such matters is to certify petition signatures and approve ballot wording, not to decide on the merits of a proposal. ...

The gay-marriage ban is a bad idea, but the place to beat it is at the polls. The canvassers' decision appears very political -- fear of this proposal bringing more conservatives to the polls in November. ...

O'Connor's argument is the same one made by opponents of the proposal, that it would affect common-law marriages and even employee benefits for domestic partners or same-sex couples. Supporters say otherwise, and that is likely to be the central issue of the campaign this fall.

If the ban passes, courts may ultimately have to decide just what it does affect. In any case, that's not an issue for the canvassers.

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