Supreme Court to Consider Michigan Gay Marriage Case January 9



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Supreme Court to Consider Michigan Gay Marriage Case January 9

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On January 9, the Supreme Court is expected to consider accepting the appeal of Deboer v. Snyder, the case challenging Michigan’s gay marriage ban. 

You’ll recall last month, the Sixth Circuit became the first appeals court to uphold state-level bans on same-sex marriage (with the court upholding the bans in Michigan, Ohio, Tennessee, and Kentucky). Plaintiffs in the cases promptly asked the Supreme Court to take up the anti-equality ruling and the Detroit Free Press reported at the time on why April DeBoer and Jayne Rowse’s Michigan case was uniquely significant:

* There was an actual trial on the same-sex marriage issue in Michigan, whereas in other states, judges issued decisions after reading written arguments, with no cross examination of any witnesses or experts.

* Two, the Michigan plaintiffs aren’t just seeking legal recognition for same-sex couples who were married in other states, but are actually fighting to make gay marriage legal in Michigan by challenging a voter-approved ban on it.

Michigan* Three, the Michigan plaintiffs also have children they are raising together — a key issue in the same-sex marriage debate. Those fighting to legalize gay marriage argue families are being harmed when same-sex parents aren’t legally recognized, while traditional marriage advocates argue that children thrive best when raised by moms and dads and that it’s too early to tell if same-sex parenting is a good idea or not.

* Four, the state of Michigan is actively seeking to keep same-sex marriage illegal, whereas in other states, officials have opted not to pursue appeals once a federal judge has spoken on the issue. That didn’t happen at the conclusion of Michigan’s same-sex marriage trial.

DOMA lawyer Mary Bonauto has also joined the Michigan legal team.


Kyler Geoffroy

www.towleroad.com/2014/12/supreme-court-to-consider-michigan-gay-marriage-case-january-9.html


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