ASSOCIATED PRESS

Lansing, Michigan

August 23, 2004

 

 

Elections board deadlocks on gay marriage petition

 

LANSING, Mich. (AP) -- A constitutional amendment limiting marriage to one man and one woman came up short of enough votes to appear on the fall ballot when a state elections board deadlocked Monday over whether to certify petition signatures for the measure.

The Board of State Canvassers voted 2-2 along party lines, despite a recommendation from the State Bureau of Elections director to certify more than 464,000 signatures. Supporters of the initiative needed 317,757 valid signatures to put the issue on the Nov. 2 ballot.

Backers of the petition said they would quickly challenge the board's decision in court.

"We're confident that if it requires a decision by the Michigan Supreme Court, that the people will be able to decide on this issue in November," said Gary Glenn, president of the American Family Association of Michigan and a supporter of the petition drive.

Democratic canvassers Doyle O'Connor and Dorothy Jones voted against it.

O'Connor said he's concerned the ballot's wording would mean employers can't provide benefits to same-sex partners. He also said it could violate equal protection laws and prohibit churches from deciding whom to marry.

"There comes a point when we have to say, "No, this doesn't and can't fly,"' he said.

The two Republicans on the board, Eric Pelton and Katherine DeGrow, voted to certify the petition signatures.

The proposal would define marriage as a union between one man and one woman in the state constitution. Gay marriage is already banned in Michigan law, but opponents want language in the constitution to protect against judicial decisions or legislative initiatives.

Eric Doster, an attorney for a group that collected the signatures, accused the Democratic canvassers of ignoring their legal duty. He also said O'Connor's concern about same-sex benefits isn't an issue because the state can't affect contracts between two parties.

"We'll let the real judges decide now," he said.

http://www.freep.com/news/statewire/sw103090_20040823.htm