DeKALB | The Michigan Court of Appeals recently stated universities cannot provide benefits to same-sex couples, but experts don’t expect Illinois to make a similar decision.

NIU policies recognize domestic partners and offer benefits to them, said Steve Cunningham, associate vice president of Human Resources. Domestic partners and members of the immediate household are eligible for family illness and bereavement leave benefits, he said.

“Similar policies pertain to domestic partners as those established under the Federal Family and Medical Leave Act,” he said. “Additionally, domestic partners are eligible to participate in the State of Illinois health insurance programs through Central Management Services.”

Norden Gilbert, university counsel and contracts administrator for University Legal Services, said while many states change their constitutions to define marriage as between a man and a woman – which may affect domestic partnership benefits – Illinois’ political climate makes it unlikely that such a change would occur.

“There was an effort to put this on the ballot last year, but it failed,” he said. “It certainly could come to a vote, but it would have to be narrower than the Michigan constitution.”

Since domestic partners have the support of the governor and the state, it makes it difficult for supporters of such a change to get these new policies on a ballot, he said.

“The Michigan context is substantially different,” Cunningham said. “The appellate court made a ruling based on specific language in the State of Michigan Constitution, which is different than the Illinois Constitution,” he said.

Many states have these policies written very broadly so that even if the state does not recognize same-sex marriage, it is still possible for domestic partners to receive benefits, Gilbert said.

Policies in Illinois have moved toward the recognition of domestic partnerships when providing benefits, Cunningham said.