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Saturday, August 28, 2004

MICHIGAN AMENDMENT WAS BLOCKED LEGITIMATELY: Doyle O'Connor

[This is a letter to the Detroit Free Press, replying to their editorial here. O'Connor is a member of the Board of State Canvassers. --Eve]

...The proposal would do nothing to outlaw gay marriage, which is already outlawed in Michigan. What it would do -- and this is not speculative -- is outlaw any form of civil union or domestic partnership for opposite sex or same-sex couples. Out the window go existing health insurance and pension plans, company policies and union contracts.

It was not improper for the board to consider whether or not the petition was constitutionally sufficient. The Michigan Supreme Court in the 1970s, on the Parochiaid issue, held that the board must review petitions to determine if they are defective or use deceptive language. The decision was later upheld by the Court of Appeals for striking the drug sentencing amendment petition after the proponents had gotten sufficient signatures.

An untold part of the story is that the proponents of the so-called marriage petition brought the late decision on themselves. The Open Meetings Act was violated by shoehorning the petition language onto the board's agenda at 3:45 p.m. on Good Friday for a 9:30 a.m. Easter Monday meeting. No notice, no public opportunity to be heard.

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