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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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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

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Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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Rehoboth Beach

Former CAMP Rehoboth official sentenced to nine months in prison

Salvator Seeley pleaded guilty to felony theft charge for embezzlement

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Salvator Seeley (Photo courtesy CAMP Rehoboth)

Salvator “Sal” Seeley, who served as an official with the Rehoboth Beach, Del., CAMP Rehoboth LGBTQ community center for 20 years, was sentenced on April 5 by a Sussex County Superior Court judge to nine months in prison and to pay $176,000 in restitution to the organization.

The sentencing took place about five weeks after Seeley pleaded guilty to a charge of Theft in Excess of $50,000 for allegedly embezzling funds from CAMP Rehoboth, a spokesperson for the Delaware Department of Justice told the Washington Blade.

Seeley’s guilty plea came shortly after a grand jury, at the request of prosecutors, indicted him on the felony theft charge following an investigation that found he had embezzled at least $176,000 from the nonprofit LGBTQ organization.

“Salvatore C. Seeley, between the 27th day of February 2019 and the 7th day of September 2021, in the County of Sussex, State of Delaware, did take property belonging to CAMP Rehoboth, Inc., consisting of United States currency and other miscellaneous property valued at more than $50,000, intending to appropriate the same,” the indictment states.

“The State recommended a sentence of two years of incarceration based on the large-scale theft and the impact to the non-profit organization,” Delaware Department of Justice spokesperson Caroline Harrison told the Blade in a statement.

“The defense cited Seeley’s lack of a record and gambling addiction in arguing for a probationary sentence,” the statement says. “Seeley was sentenced in Superior Court to a nine-month prison term and to pay a total of $176,000 in restitution for the stolen funds,” Harrison says in the statement.

Neither Seeley nor his attorney could immediately be reached for comment.

At the time of Seeley’s indictment in February, CAMP Rehoboth released a statement saying it first discovered “financial irregularities” within the organization on Sept. 7, 2021, “and took immediate action and notified state authorities.” The statement says this resulted in the investigation of Seeley by the state Department of Justice as well as an internal investigation by CAMP Rehoboth to review its “financial control policies” that led to an updating of those policies.

“As we have communicated from day one, CAMP Rehoboth has fully cooperated with law enforcement,” the statement continues. “At its request, we did not speak publicly about the investigation while it was ongoing for fear it would jeopardize its integrity,” according to the statement. “This was extremely difficult given our commitment to transparency with the community about day-to-day operations during the recent leadership transition.”

The statement was referring to Kim Leisey, who began her job as CAMP Rehoboth’s new executive director in July of 2023, while the Seeley investigation had yet to be completed, following the organization’s process of searching for a new director. It says Seeley left his job as Health and Wellness Director of CAMP Rehoboth in September of 2021 after working for the organization for more than 20 years.

“Mr. Seeley’s actions are a deep betrayal to not only CAMP Rehoboth but also the entire community we serve,” the statement says.

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