Michigan 18th (I think) to legalize gay marriage

[+ poolboy48220]

Late Friday, a federal judge overturned Michigan's constitutional amendment defining marriage as between a man and a woman, voted in back in 2004. He did not issue an immediate stay; the Attorney General's office will ask for a stay Monday. In the meantime, at least three counties opened up their clerk offices today (Saturday) to issue licenses, and I heard that the first legal same-sex marriage was performed about 8:00 this morning.

 

The case involved two women with adopted children initially suiing to be allowed to adopt each other's children, a year or so ago. The judge suggested they turn the case into not just an adoption suit but a marriage suit, saying that was their real roadblock. The judge deferred ruling several times, but finally set a date after the US Supreme Court's DOMA ruling; the case took two weeks in early March and the ruling was just issued yesterday.

[Decatur Guy]

One by one by one, the wall is tumbling down.

 

I think the key state was Iowa. The more months and years that pass without society being torn asunder in middle-America Iowa, the harder it will be to ever argue this will ruin the cornerstone of civilization.

[+ poolboy48220]

I followed the case pretty closely, the Detroit Free Press had a reporter live blogging from the courtroom. The judge threw out the state's first witness on the grounds that he had nothing to contribute to the case. He was a philosophy student. The defendant's lawyer had a great line - "he's still a student. You're still having your papers graded". The second witness was an expert from a university in Texas, the school distanced themselves from him right before his testimony with a statement that said "His views do not represent the views of the university".

 

A local radio anchor commented on the state's case: "If this is the best that the attorney general's office can do, then the state is essentially undefended".

 

The testimony focused mostly on the effects of same-sex parents on children.

[+ deej]

The title of the thread is slightly off.

 

Michigan did not legalize gay marriage. In fact, they went the opposite direction. Gay marriage is legal there now because what Michigan actually did was ruled unconstitutional. It's a slim distinction, and the end result is the same, but it's probably wise to bear in mind that Michigan didn't actually legalize gay marriage. They actually argued (poorly) against it in court.

 

It's a win for gay marriage, but not because of anything Michigan did.

[EastbayMike]

The ruling was issued by a judge appointed by Ronald Reagan. A few choice quotes from the judge: “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.” “...regardless of whoever finds favor in the eyes of the most recent majority, the guarantee of equal protection must prevail.”

[+ poolboy48220]

The title of the thread is slightly off.

 

Michigan did not legalize gay marriage. In fact, they went the opposite direction. Gay marriage is legal there now because what Michigan actually did was ruled unconstitutional. It's a slim distinction, and the end result is the same, but it's probably wise to bear in mind that Michigan didn't actually legalize gay marriage. They actually argued (poorly) against it in court.

 

It's a win for gay marriage, but not because of anything Michigan did.

If only I could edit the title of the post. I'd fix my "cliff jenson" typo as well.

 

You're right, though. "Michigan ban on gay marriage struck down by federal judge" is more accurate. Michigan's government fought this.

 

I read through the decision here http://www.mied.uscourts.gov/cases/DeBoervSnyder/orders/4.Deboer_Findings_of_Fact_and_Conclusions_of_Law.pdf and Judge Friedman smacks the state's defense pretty hard, starting around page 20.

[+ poolboy48220]

Update - about 300 people got married the day after the ruling when city clerks in a handful of counties opened Saturday.

 

The appeals court granted a temporary stay Saturday evening, they had a ruling a few days later confirming the stay until the appeal can be heard, late this year or more likely sometimein 2015 - which I guess is blinding speed for the appeals court.

 

Michigan governor Rick Snyder is back & forth publicly, but says 'his hands are tied' and he can't consider the marriages legal.

 

US Attorney General Eric Holder just announced that he will treat the 300 people who were married as married couples in the eyes of the federal government.

[+ deej]

Yeah, all of this "recognized here but not there" crap that's rapidly becoming the norm pretty much ideally sets up the inevitable equal protection cases that our own moderator Barry predicted several years ago.

[+ poolboy48220]

Yup - two of my best friends were married in Canada (Windsor, just across the river) three years ago. They didn't try for a marriage license here in Michigan on the Saturday that it was available because they already had one - and they don't live in one of the counties where the clerk's office opened that Saturday. No idea where they stand with regard to federal benefits.