For Michigan’s Gay Community, 2007 Was a Year of Pride and Prejudice

Michigan’s lesbian, bisexual, gay and transgender (LGBT) community and its supporters are looking back at 2007 as a year full of news — both good and bad. 

Topping the year in terms of impact on the LGBT community was a ruling in February by the Michigan Court of Appeals. The ruling overturned an Ingham County Circuit Court ruling that said providing domestic-partner benefits to public employees did not violate Michigan’s 2004 constitutional amendment banning same-sex marriage.

Under the Court of Appeals ruling, domestic-partner benefits — generally health care provided to same-sex partners by employers and taxed as income by the government — were struck down.

Appeals judges Kurtis Wilder, Joel Hoekstra and Brian Zahra wrote in their unanimous ruling, “The protection of the institution of marriage is a long-standing public policy and tradition in the law of Michigan.”

Continued -And while the Michigan Supreme Court has heard oral arguments in the case and is expected to make a ruling in 2008, leaders in the LGBT community were outraged by the Appeals Court decision. 

“This was a devastating decision, and our appeals court took the radical step of doing what no other U.S. court has ever done — declare marriage and domestic-partner benefits are the same,” said Sean Kosofsky, director of policy for Triangle Foundation, an LGBT rights organization based in Detroit. “Right-wing extremists and the Michigan Court of Appeals came closer than ever to stripping LGBT families of vital health care.”

“It’s the equivalent of being mugged in an alley,” Derek Smiertka, executive director of Michigan Equality, another LGBT rights group based in Lansing, said of the ruling. “They came after us because they see us as someone they can come after. I hope we can change that, and we’re working on it.”

While the Court of Appeals decision was a blow to the LGBT community, the group did see some positive accomplishments as well in 2007.

In the spring, at an annual lobby day to support anti-bullying legislation in the State House, the House unexpectedly passed the bills. Collectively known as Matt’s Law — named for Matt Epling, a 14-year-old East Lansing resident who committed suicide after being bullied — the laws would direct local school districts to adopt anti-bullying policies and enforce them. Failure to enforce the policies could open school districts and staff to being held legally responsible for bullying in schools. The bills were opposed by conservative Republicans in the House, and have since died in the Senate because conservative Sen. Wayne Kuippers (R-Holland) refuses to give the bills a hearing in the Senate Education Committee.

But activists hail the passage in the House. “The issue did spawn a strong LGBT legislative coalition that we’re working with now,” said Smiertka.

“For the first time in nine years, pro-LGBT legislation passed the Michigan House of Representatives,” said Kosofsky. “Matt’s Law enjoyed near-universal support from the education and civil rights community, but only barely passed the Michigan House. It’s a shame that the Republican caucus let the issue of safe schools become polarized by politics. This bill should have passed unanimously, but anti-gay pandering made the bill pass by the skin of its teeth.”

Michigan also was the center of a series of high-profile transgender stories in 2007. 

In February, Julie Nemecek — then named John — came out as a transgender and announced she had been fired from her teaching job by conservative Christian Spring Arbor University. Nemecek’s story thrust her to the forefront of a burgeoning discussion about transgender issues, from Time magazine to the Wall Street Journal.

“Julie has been brave in telling the world about how talented, smart, capable workers can lose everything just by being who they are,” said Kosofsky. “Julie was betrayed by Spring Arbor, an institution she helped build. The shame of Spring Arbor is that it receives taxpayer dollars, too.”

Smiertka, on whose board Nemecek now serves, praised Nemecek’s work for the community: “Julie is what our community needed. She will be forever known as a face for gender equality in Michigan. Many people know about her deep commitment to those around her.” 

Nationally, the case of Susan Stanton, who had been Steve Stanton, city manager of Largo, Fla., also made news. Her transgender announcement spurred city officials to fire her last February.

Be sure to catch the rest of Michigan Messenger’s roundup of 2007.