Title
The Ann Arbor Human Rights Commission's Resolution to Advance LGBT Justice and Urge the Termination of Efforts to Appeal United States District Court's Ruling in Deboer v. Snyder
Memorandum
WHEREAS, the City of Ann Arbor has a long, rich, and proud history of leadership on matters of lesbian, gay, bisexual, and transgender ("LGBT") justice and equality;
WHEREAS, the Michigan Marriage Amendment ("the MMA"; Article I, Section 25 of the Michigan Constitution), restricted the benefits of marriage to the union of one man and one woman;
WHEREAS, on March 21, 2014, the Court for the Eastern District of Michigan issued a judgment based on exhaustive findings of fact and conclusions of law ("the Court's ruling"), detailing the manifest harm and destabilizing effects of the MMA on LGBT couples and on children raised by LGBT parents;
WHEREAS, the Court's ruling held "that the MMA impermissibly discriminates against same-sex couples in violation of the Equal Protection Clause because the provision does not advance any conceivable legitimate state interest";
WHEREAS, the Court's ruling declared the MMA unconstitutional and prohibited the State of Michigan from continuing its enforcement;
WHEREAS on March 22, 2014, Washtenaw County proudly presided over the legal marriages of seventy-four (74) LGBT couples;
WHEREAS on March 22, 2014, after the legal marriages of the 74 LGBT couples took place, the United States Court of Appeals for the Sixth Circuit issued a temporary stay of the Court's ruling;
WHEREAS, on March 28, 2014, the United States Attorney General, Eric Holder, declared that the federal government will recognize Michigan's LGBT marriages as fully legal and therefore "eligible for all relevant federal benefits";
WHEREAS, Governor Snyder and Attorney General Schuette have each pledged that they will continue to defend the MMA and thereby work to prevent Michigan LGBT couples from enjoying the tangible and intangible benefits of marriage;
WHEREAS, Governor Snyder and Attorney General Schuette have each pledged that they will continue to defend the MMA and thereby work to prevent the children raised by Michigan LGBT couples from enjoying the tangible and intangible benefits of being raised in a home by parents whose relationship is legally recognized;
WHEREAS on April 7, 2014, the Ann Arbor City Council unanimously passed a resolution ("City Council's resolution") urging the termination of efforts to appeal the Court's ruling;
RESOLVED, that the Ann Arbor Human Rights Commission supports and applauds the Court's ruling, which serves as a righteous and important step in the open and complete integration of LGBT persons into the Ann Arbor and Michigan communities;
RESOLVED, that the Ann Arbor Human Rights Commission endorses the Ann Arbor City Council's resolution, and applauds the Council's attention to matters of LGBT justice;
RESOLVED, that continued efforts to prohibit LGBT marriages are inherently discriminatory and that they harm LGBT people, harm children raised by LGBT people, and, indeed, degrade the quality of life for all persons in both Ann Arbor and Michigan;
RESOLVED, that the City of Ann Arbor should continue its proud history as a state and national leader in ongoing efforts toward LGBT justice and equality;
RESOLVED, that the Ann Arbor Human Rights Commission urges Governor Snyder and Attorney General Schuette to immediately suspend all efforts to appeal or otherwise contest the Court's Ruling;
RESOLVED, that the 74 marriages in Washtenaw County, and the 300 total granted by the state of Michigan prior to the Sixth Circuit's temporary stay, be recognized immediately and bestowed the state rights afforded to them by such legal recognition;
RESOLVED, that the City Administrator shall cause a copy of this Resolution to be delivered to Governor Snyder, Attorney General Schuette, Senator Warren, Representative Irwin, Representative Zemke, and the Ann Arbor City Council.
Unanimously approved by the Ann Arbor Human Rights Commission on March 26, 2014
Staff
Prepared by: Leslie Stambaugh, Chair of the Ann Arbor Human Rights Commission
Reviewed by: Amy Seavitt, HR Coordinator