Judge strikes down Michigan ban on gay marriage as unconstitutional

[Brickbat]

Source: Detroit Free Press

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.

The state has long argued that it is, and 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.

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.

Read more: http://www.freep.com/article/20140321/NEWS06/303210121/Judge-strikes-down-Michigan-ban-gay-marriage-unconstitutional

---

Love it. Arc, moral universe, etc...

[Purveyor]

1. Thanks for posting. +1 eom

Teabagger heads are popping all over this state.

[Tx4obama]

2. Two LISTS of states on the link below

Here: http://en.wikipedia.org/wiki/Same-sex_marriage_in_the_United_States#States_that_license_same-sex_marriage_.28table.29

Good to hear that Michigan will soon be on the list too

[Swede Atlanta]

3. I really think the SCOTUS will have a very hard time avoiding this issue soon.....

The right case has to wind it's way through the federal appellate process but eventually this issue, whether or not the federal or a state government or other sub-jurisdiction may deny a same-gender couple to obtain a government license to marry on the same basis as an opposite-gender couple and be accorded the same rights and obligations.

Too many district judges and even Circuits are chiming in on this. I believe the 10th Circuit in Denver is the next one to consider the Utah and Oklahoma? cases? I was surprised but not shocked that a group of Republican politicians from my home state of Wyoming have written an amicus brief in the Utah case urging to Court to find on the side of those wishing to marry.

[closeupready]

4. Hahaha! Loving this March of the Fundie Smackdown...

[Faygo Kid]

5. Home most of my life, and will be home again soon.

Once a Michigander, always a Michigander, I guess. Very glad to hear this; I saw no other outcome given how weak the state's case was.

Good for Judge Friedman.

[Purveyor]

6. According to local news reports, since the Judge didn't stay his ruling, marriages

could begin as soon as Monday but...

Michigan Attorney General Schutte has filed an emergency appeal to block this decision.

Stay tuned...

[Purveyor]

7. Here are Schuette's comments:

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

“In 2004 the citizens of Michigan recognized that diversity in parenting is best for kids and families because moms and dads are not interchangeable. Michigan voters enshrined that decision in our State constitution, and their will should stand and be respected. I will continue to carry out my duty to protect and defend the Constitution,” said Schuette.

According to Schuette, Friedman did not follow the trend sent by other federal judges handling similar cases across the country, Judge Friedman did not stay his ruling pending the outcome of appeal.

http://www.freep.com/article/20140321/NEWS06/303210121/Michigan-gay-marriage-ruling

[davidpdx]

26. Here is the interesting part:

Just hours later, Washtenaw, Muskegon and Oakland counties announced they’ll open their clerk’s offices to issue marriage licenses on Saturday.

Here's the link to another article for Q & A:

http://www.freep.com/article/20140321/NEWS06/303210126/gay-marriage-Q-A

So at least three counties will open their offices for marriage licenses. Washtenaw is only going to issues 60, no word on the other two. My guess is those will go quick. The article says they have to wait three days (Tuesday). I wonder about the rest of the counties. It may be a race against the clock not only to get a license, but also to get married before a possible stay is put into place. While the ruling was not automatically stayed, who knows what could happen next week.

[Tx4obama]

8. And an UPDATE today on TENNESSEE too, below

Federal Judge Denies Tennessee’s Request To Halt Recognition Of Same-Sex Couples’ Marriages

Here: http://www.democraticunderground.com/10024705258

[jsr]

9. +1

[LynneSin]

10. 38.23% of the U.S. Population has access to Marriage Equality. Let's go for at least 51% by end '14

[uppityperson]

11. k&r

[GreenEyedLefty]

12. I honestly thought Michigan was going to be one of the last states...

We are so ass-backward on so many issues... but this is a great day!

I was NOT one of the 2.7 million who voted for the amendment back in 2004.

[bigwillq]

13. Woo Hoo!

K and R

[Siwsan]

14. Governor Granholm and Congressman Kildee just spread the word on Face Book

Wow!

[Gothmog]

15. This is a well written opinion

The key issue in this case was whether same sex couples would be good parents compared to straight couples. The judge rejected the experts offered by the state of Michigan http://www.scribd.com/doc/213770186/2-12-cv-10285-151-Michigan-Decision

The Court was unable to accord the testimony of Marks, Price, and Allen any significant weight. Marks’s testimony is largely unbelievable. He characterized the overwhelming consensus among sociologists and psychologists who endorse the “no differences” viewpoint as“group think,” by which he said he meant a politically correct viewpoint that the majority has accepted without subjecting it to proper scientific scrutiny. Marks undertook an excruciatingly detailed examination of the 59 published studies cited by the APA in support of its 2005 “Brief on Lesbian and Gay Parenting,” in which it concluded that “[n]ot a single study has found children of lesbian or gay parents to be disadvantaged in any significant respect relative to children of heterosexual parents.” Marks, as well as Price and Allen, faulted many of these studies for their small sample sizes, the non-random methods used to obtain subjects, and the fact that some lacked heterosexual comparison groups, among other criticisms. Marks, Price and Allen all failed to concede the importance of “convenience sampling” as a social science research tool. They, along with Regnerus, clearly represent a fringe viewpoint that is rejected by the vast majority of their colleagues across a variety of social science fields. The most that can be said of these witnesses’ testimony is that the “no differences” consensus has not been proven with scientific certainty, not that there is any credible evidence showing that children raised by same-sex couples fare worse than those raised by heterosexual couples.

This is a great ruling on the issue of whether children are hurt or injured due being raised by same sex couples. The Court did some great findings of fact here that will make this case an important case on this issue.

[Tx4obama]

16. AG is requesting a stay and is filing an appeal. AP article link below

-snip-

Attorney General Bill Schuette said he would immediately ask a federal appeals court to freeze Friedman's decision and prevent same-sex couples from marrying while he appeals the case.

-snip-

Full AP article here: http://hosted.ap.org/dynamic/stories/U/US_GAY_MARRIAGE_MICHIGAN?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2014-03-21-17-43-43

[llmart]

20. The moment the local news announced this....

it was followed up by the news about Schuette. I hope that asshat gets shot down. These backwards Repukes will never get it that the tide is turning and their bigoted ways are not the wave of the future. He can take Snyder with him.

[friendly_iconoclast]

17. K&R Let freedom ring!

[William769]

18. Hell yes!

[lancer78]

19. I liked this part....

"Taking the state defendants’ position ( That SSM should be banned because it is a sub-optimal child rearing environment) to its logical conclusion, the empirical
evidence at hand should require that only rich, educated, suburban-dwelling, married Asians may
marry, to the exclusion of all other heterosexual couples."

[JudyM]

22. This is just beautiful, looking them 'square in the eye.'

Why Asians, though?

[lancer78]

24. Because

according to empirical evidence, kids in Asian households do the best.

[blkmusclmachine]

21. Best part was the judge's TAKE-DOWN of the University of Texas at Austin Regnerus RW funded "study"

All in my opinion only, of course!

[fujiyama]

23. I hope it stands

I'm glad to see these stupid gay marriage bans falling apart, state by state. It was only ten years ago it passed, but it feels like a lifetime ago.

[Cha]

25. KICK!

[davidpdx]

27. 2004 was a bad year

The same year Oregon approved Measure 36. Hopefully both Oregon and Michigan reverse course this year.

[maryellen99]

28. Weren't a lot of the bans put on state ballots

To get the religious right/bush voters to the polls?

[davidpdx]

29. I think so, but I'd have to look it up

The only other one besides Michigan (mentioned in the article) is Oregon, which is my home state. I remember because I voted and am overseas. Late in the day Wednesday (here) I went to look at the results and was shocked it had passed. It didn't make a difference in the presidential election in Oregon (or in Michigan). Maybe it did in some other states.

[efhmc]

30. That was the idea and it worked.

[catbyte]

31. Unfortunately the 6th Circuit ordered a stay until Wednesday. I felt so bad for the

couples waiting in line, watching others ahead of them getting married, only to be turned away. Michigan AG Bill Scheutte is a flaming bagger asshole.