County clerk complies with SCOTUS ruling

Home City News County clerk complies with SCOTUS ruling

Eight Hillsdale County same-sex couples have legally married since the United States Supreme Court overturned Michigan’s ban on gay marriage in June, according to Hillsdale County Clerk Marney Kast.

Although Kast said she does not personally agree with the court’s decision, she emphasized that she will fulfill her duties as county clerk — which include issuing marriage certificates to same-sex couples.

“Many of us who work for the government find ourselves having to work with laws that we don’t personally agree with,” Kast said. “But we abide by the law because we take an oath to be in office.”

On June 26, when Michigan’s ban was overturned by the federal court’s ruling, Gov. Rick Snyder issued a statement saying all of Michigan’s agencies would “make the necessary changes” to comply.

“Let’s recognize while this issue has stirred passionate debate, we now should focus on the values we share,” the statement said. “With this matter now settled, as Michiganders we should move forward positively, embracing our state’s diversity and striving to treat everyone with the respect and dignity they deserve.”

As the president of the Michigan Association of County Clerks, Kast said all Michigan clerks have issued marriage licenses in accord with the SCOTUS decision.

Despite the unanimous compliance, Kast added that many clerks said they want separate forms for traditional marriages and same-sex marriages.

“But the state didn’t want to go that route,” she said. “Now, everyone is funneled through the same route and doesn’t get a choice.”

Before the SCOTUS decision, marriage licenses contained a blank for the male name and another for the female, but the new ones require people to check a box marking their gender.

Kast said this same change will soon “trickle down” to many other legal forms including: divorce records, birth certificates, and death certificates.

“It’s unending, really,” Kast said.  

While many county clerks conduct marriage ceremonies,  Kast said she has always chosen not to since becoming clerk in 2009, because she foresaw this decision coming.

In contrast, other Michigan county clerks expressed their personal approval of the SCOTUS decision. Ingham County Clerk Barb Byrum already married same-sex couples in 2014 on the one day it was legal after a lower court ruling.                                                                        “There was clapping and laughter and hugs and kisses. It’s a wonderful, wonderful experience of love,” Byrum told MLive preceding the June deciion.

Additionally, Byrum said her office set up an email list of same-sex couples wanting to be married that invited them to the courthouse to be married when SCOTUS struck down Michigan’s ban.

Following the ruling, both Michigan’s Republican and Democratic parties issued statements reflecting opposing views of the decision.   

Mark LaChey, Michigan Democratic Party LGBT and Allies Caucus Chair said, “We will not only fight against the current effort by Republicans in Lansing to blunt the effect of today’s decision but also to push for full social and economic equality for all of us who call this great state our home.”

But Michigan Republican Party Chairman Ronna Romney McDaniel countered, saying the Republican Party’s stance better aligned with the state’s stance on the issue.

“It is unfortunate that another activist court has overturned the will of the people of Michigan,” she said. “The Republican Platform and the people of Michigan support the long-standing definition of marriage as one man and one woman. Unfortunately, in this instance, the Court has overstepped its bounds.”

Kast said she agrees with this sentiment.

“Five people overturned the desire of the people of the state,” Kast said. “SCOTUS made that decision for everyone.”