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Cabal
03-21-2014, 04:52 PM
Judge strikes down Michigan ban on gay marriage; state asks for a stay (http://www.freep.com/article/20140321/NEWS06/303210121/Michigan-gay-marriage-ruling)


In a historic ruling that provided a huge morale boost to the gay-rights movement, U.S. District Judge Bernard Friedman today struck down Michigan’s ban on same-sex marriage, making it the 18th state in the nation to allow gays and lesbians to join in matrimony, just like their heterosexual counterparts.

Michigan Attorney General Bill Schuette filed an emergency request for stay of Friedman’s ruling.

In his 31-page ruling, Friedman heavily criticized the state’s position that the will of the voters should have been upheld, noting that just because voters approve something doesn’t make it right, especially when it violates the Constitution.

“In attempting to define this case as a challenge to ‘the will of the people,’ state defendants lost sight of what this case is truly about: people.

“No court record of this proceeding could ever fully convey the personal sacrifice of these two plaintiffs who seek to ensure that the state may no longer impair the rights of their children and the thousands of others now being raised by same-sex couples,” Friedman wrote.

“It is the court’s fervent hope that these children will grow up to ‘understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.’

“Today’s decision is a step in that direction, and affirms the enduring principle that regardless of whoever finds favor in the eyes of the most recent majority, the guarantee of equal protection must prevail.”

But Schuette, in his request for a stay, argued that Friedman did not follow the trend sent by other federal judges handling similar cases across the country by not staying his ruling pending the outcome of appeal.

The state has long argued that the will of 2.7 million voters — who in 2004 decided that marriage is only to be between a man and a woman — should not be drowned out by a single judge. The state also argues that it has a “legitimate” interest in preserving the traditional family structure because — it claims — children thrive best when raised by married moms and dads.

Friedman, though, sided with the plaintiffs: two Hazel Park lesbian nurses who argue the state has no “rational basis” for denying them the right to get married and adopt each others’ children.

Today’s ruling, which came just as courts were closing, at first dashed hopes for the handful of gays who waited hours to be married.

"We've been waiting years and years -- I thought the judge would've thrown us a bone," said Laura Quinn, 46, of Royal Oak. Friday was the 18th anniversary of her relationship with her partner, who stayed home while Quinn waited four hours hoping to obtain a marriage license for the couple, she said. When the courthouse closed, she trudged off, vowing to return Monday to try again.

And minutes after she'd driven off, the judge's ruling came down, making it likely that Quinn and many other gays will be lining up Monday morning outside the office of Oakland County Clerk Lisa Brown.

The plaintiffs, April DeBoer and Jayne Rowse, are raising three special needs children together and want to get married. The also want to adopt each others’ children, but can’t because Michigan doesn’t allow same-sex couple adoptions. Rowse has two preschool-age boys; DeBoer has a 3-year-old daughter.

The two women filed their lawsuit in January 2012, initially raising only the adoption issue but then challenging the gay marriage prohibition as well.

DamianTV
03-21-2014, 04:58 PM
Get Govt out of Marriage.

aGameOfThrones
03-21-2014, 05:22 PM
Get Govt out of Marriage.

"Nothing says family like a marriage license."

EBounding
03-22-2014, 12:25 AM
How does it violate the equal protection clause? The State's definition of marriage in this case is between "a man and a woman [and the State]". No men or women (gay or straight) are disqualified from getting a state license as long as they get a license with the opposite sex. It's like me complaining I can't get the higher tax deduction for being blind because I'm not blind. Am I missing something?

Voluntarist
03-22-2014, 07:39 AM
xxxxx