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Michigan enters the race for 10

Timothy Kincaid

March 6th, 2013

All year it’s been up in the air which state would be the tenth state to achieve marriage equality. The most likely have been Illinois and Minnesota, but Hawaii and Rhode Island have teased us. Even Wyoming briefly toyed with the idea. But now a dark horse is making strides.

You may recall back in August 2012 when two lesbians seeking to adopt each other’s children were told they had the wrong complaint. The judge in the case told them that their problem wasn’t adoption law, but marriage law. It is perfectly reasonable (from a legal perspective) for a state to decide to restrict joint adoption to those people who were sufficiently committed to each other to get married. The discrimination in this case wasn’t in adoption, it was in that they couldn’t marry.

So the ladies refiled their challenge as a marriage discrimination complaint. They had to; they have kids they need to look out for.

And now the judge is ready to rule. (ABC)

U.S. District Judge Bernard Friedman will hear arguments in the case Thursday at a Detroit law school, although he hasn’t indicated when he’ll make a ruling. If he concludes the amendment violates the U.S. Constitution, gay-marriage supporters say same-sex couples would immediately be allowed to wed and adopt children.

Friedman was appointed by President Reagan.

Comments

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occono
March 6th, 2013 | LINK

Immediately? I’d assume there’d be a stay.

Hyhybt
March 7th, 2013 | LINK

Surely there would be until appeals are exhausted, unless a broad Prop 8 ruling settles the issue before then.

Paul
March 7th, 2013 | LINK

As one who lives in Michigan and hears the Attorney General spout off, I’d be greatly surprised if there wasn’t an appeal all the way to the Supremes with a stay until that happens.

David C.
March 7th, 2013 | LINK

The judge has postponed ruling until after SCOTUS rules on the Hollingsworth and Windsor cases.

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