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Snyder suspends benefits for Michigan same-sex marriages

Governor acknowledges couples legally married, but withholds benefits until stay lifted

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Rick Snyder, Michigan, gay news, Washington Blade

Gov. Rick Snyder (R-Mich.) won’t recognize same-sex marriages performed in Michigan (Photo by Major.guy2012; courtesy Wikimedia Commons)

Michigan Gov. Rick Snyder announced on Wednesday his state won’t afford benefits to the same-sex couples who married in his state over the weekend until the courts lift a stay on the weddings as litigation moves forward.

Still, Snyder acknowledged the more than 300 same-sex weddings that took place on Saturday were legally valid.

“After comprehensive legal review of state law and all recent court rulings, we have concluded that same-sex couples were legally married at county clerk offices in the time period between U.S. District Judge [Friedman’s] ruling and the Sixth U. S. Circuit Court of Appeals temporary stay of that ruling,” Snyder said in a statement.

But Snyder continued the state will suspend benefits afforded to the couples “in accordance with the law” until the stay on the weddings from the U.S. Sixth Circuit Court of Appeals is lifted.

“Because the stay brings Michigan law on this issue back into effect, the rights tied to these marriages are suspended until the stay is lifted or Judge Friedman’s decision is upheld on appeal,” Snyder said.

Same-sex couples obtained marriage licenses over the weekend in Ingham, Washtenaw, Muskegon and Oakland counties after a district court ruled the state’s ban on same-sex marriage was unconstitutional. Snyder and Michigan Attorney Bill Schuette appealed the ruling to Sixth Circuit and asked judges to halt the weddings with a stay, which was granted Tuesday.

A spokesperson for the American Civil Liberties Union of Michigan, which reportedly had threatened to sue if the Michigan doesn’t recognize the same-sex marriages, said Wednesday the organization is looking at options.

“As a matter of law and fundamental fairness, the state is obligated to extend all the rights and responsibilities that flow from marriage to the more than 300 couples married this weekend,” Rana Elmir said. “Doing anything less violates our laws, treats legally married gay and lesbian couples like second-class citizens, and adds to the confusion and instability these loving families have had to endure. We will continue to explore legal options on behalf of these couples and encourage those who have been denied the benefits of marriage to contact us.”

But Elmir said her organization is pleased that Snyder said the unions are legally valid because that “opens the door” for federal recognition of the marriages. She said the Obama adminstration should “absolutely” recognize the unions because “there is no doubt that these marriages are valid.”

The question still lingers over whether the federal government will recognize the same-sex marriages performed in Michigan. In Utah, when a district court ruling enabled 1,300 same-sex couples to wed before a stay was instituted by the U.S. Supreme Court, Gov. Gary Herbert said his state won’t recognize the unions, but U.S. Attorney General Eric Attorney said they’re valid in the eyes of the Obama administration.

Allison Price, a Justice Department spokesperson, said her earlier comment that the Obama administration is “closely monitoring the situation” still stands as of Wednesday afternoon.

Speaking with reporters on Wednesday, Snyder refused to articulate his position on same-sex marriage, saying he’s focused on jobs and the economy.

“I’m not going to go back and rehash a sentence in one debate from four years ago,” Snyder said. “I’ve been focused on jobs, it’s my main message, and I’m staying consistent with that.”

According to Crain’s Detroit Business, Snyder told reporters on Wednesday that his office had to make legal decision on whether the marriages were valid on his own because Schuette didn’t respond to a request to meet.

“We did our own research,” Snyder was quoted as saying. “We believe this is the appropriate position to take.”

Joy Yearout, a Schuette spokesperson, responded to the report to the Washington Blade by saying the governor and the attorney general often speak, but those discussions are kept under wraps.

“The Department of Attorney General and the Governor’s office talk all the time,” Yearout said. “Those conversations are confidential. The Governor’s written statement speaks for itself, and as the Attorney General has said all along, these issues will ultimately be sorted out by the courts, just as they have in other states. The sooner these questions are answered, the better.”

Yearout didn’t respond to a follow-up question on whether she denies Snyder’s comments that Schuette never followed up on a request to meet about the same-sex marriages.

Snyder makes his announcement as his pursues re-election in a 2014 gubernatorial election where Democrat Mark Schauer will be his likely challenger in the general election.

Rep. Dan Kildee (D-Mich.) was among the Democrats criticizing Snyder for his decision not to recognize the unions in the aftermath of the announcement.

“Today Governor Rick Snyder double downed on ambivalence,” Kildee said. “As a leader, you either support equality for all loving couples or you don’t. It’s that simple. This is not a complicated question. Governor, do you support equality for all Michiganders? Or is that not on your agenda?”

Emily Dievendorf, executive director of the statewide LGBT group, Equality Michigan, also took aims at Snyder, saying she finds his actions “despicable.”

“Equality Michigan finds it despicable that a Governor claiming to stand for families, children, and the economy would side with his out-of-touch Attorney General and continue this wasteful crusade to harm Michigan families,” Dievendorf said. “The DeBoer-Rowse family and their legal team will continue to defend our families in court, and the efforts by people like East Lansing Mayor Nathan Triplett and Ingham County Clerk Barb Byrum to get the government to recognize these marriages will not be forgotten. Equality Michigan calls on the Governor to end the second-class treatment of LGBT families in Michigan and the executive branch’s attack on marriage equality.”

CORRECTION: An initial version of this article misspelled Rep. Dan Kildee’s name and said he was criticizing Mark Schauer. The Blade regrets the error.

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Cameroon

Gay Cameroonian immigrant will be freed from ICE detention — for now

Ludovic Mbock’s homeland criminalizes homosexuality

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Competitive gamer Ludovic Mbock, left, with his sister, Diane Sohna. (Photo courtesy of Diane Sohna)

By ANTONIO PLANAS | An immigration judge on Friday issued a $4,000 bond for a Cameroonian immigrant and regional gaming champion held in federal immigration detention for the past three weeks.

The ruling will allow Ludovic Mbock, of Oxon Hill, to return to Maryland from a Georgia facility this weekend, his family and attorney said.

“Realistically, by tomorrow. Hopefully, by today,” said Mbock’s attorney, Edward Neufville. “We are one step closer to getting Ludovic justice.”

The rest of this article can be found on the Baltimore Banner’s website.

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District of Columbia

Bowser appoints first nonbinary person to Cabinet-level position

Peter Stephan named Office of Disability Rights interim director

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The Wilson Building (Bigstock photo by Leonid Andronov)

D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.

The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.

“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.

The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.

The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.

Stephan couldn’t immediately be reached for comment.

“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.

“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel. 

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Bulgaria

Top EU court issues landmark transgender rights ruling

Member states must allow name, gender changes on ID documents

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(Photo by nito/Bigstock)

The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.

The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.

“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.

A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.  

“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.” 

Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.

“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.” 

“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.

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