ADOPTED - SEPTEMBER 28, 2004
Agenda Item No. 29
Introduced by the
INGHAM
RESOLUTION
AUTHORIZING PARTICIPATION IN AN AMICUS BRIEF ON BEHALF OF THE
RESOLUTION
#04-272
WHEREAS, the Thomas More Law Center, on behalf of Terri Rohde et al., filed a lawsuit against the Ann Arbor Public School District, alleging that by providing domestic partner benefits to eligible school employees, the district is in violation of Michigan laws which prohibit same-sex marriages; and
WHEREAS, the lawsuit argues that by providing these benefits, the district is creating a de facto "marriage" in violation of Michigan law; and
WHEREAS, the Circuit Court dismissed Rohde's complaint on procedural grounds, citing a lack of standing to sue; and
WHEREAS, the
WHEREAS, the issue on appeal should be limited to the issue of standing, but Thomas More has asked the Appellate Court to address the merits of its case; and
WHEREAS, Ann Arbor Public Schools has requested that interested parties provide amicus briefs in the event the Appellate Court decides to consider the substantive issues; and
WHEREAS, the ACLU of Michigan, is coordinating the submission of amicus briefs, and will be submitting a Friend of the Court brief on behalf of municipalities who offer domestic partner benefits, arguing that that Michigan's law prohibiting same-sex marriages does not forbid local governments from offering domestic partner benefits, and that municipalities have the authority to offer whatever benefits they choose; and
WHEREAS, the Cities of Ann Arbor and Ferndale, as well as Washtenaw County have agreed to participate, and other municipalities (including Ingham County, the City of Birmingham, the Birmingham School District and Kalamazoo) have been invited to join; and
WHEREAS, the Ingham County Board of Commissioners believes that municipalities are not precluded from offering domestic partner benefits, and have the authority to offer whatever benefits they choose.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes participation in an amicus brief on behalf of the Ann Arbor Public School District in the case of Rohde v. Ann Arbor Public Schools, now on appeal to the Court of Appeals, based on the belief
ADOPTED - SEPTEMBER 28, 2004
Agenda Item No. 29
RESOLUTION #04-272
that municipalities are not precluded from offering domestic partner benefits, and have the authority to offer whatever benefits they choose.
BE IT FURTHER RESOLVED, that the County Attorney, on behalf of the Ingham County Board of Commissioners, is authorized to participate in the filing of an amicus brief on behalf of the Ann Arbor Public School District as provided in this resolution.
Nays: Severino Absent: Nevin Approved 9/21/04
FINANCE: Yeas: Lynch, Grebner, De Leon
Nays: None Absent: Dedden, Thomas, Minter Approved 9/22/04