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Michigan judge delays marriage ruling

Timothy Kincaid

March 7th, 2013

Today U.S. District Judge Bernard Friedman heard arguments from the couple who want to adopt each other’s children as to how the Michigan marriage laws unfairly discriminate against them. But while Judge Friedman noted that their argument was compelling, he’s delaying his decision.

Friedman said he would benefit from seeing how the U.S. Supreme Court handles cases involving a gay marriage ban in California as well as the federal Defense of Marriage Act. Arguments are scheduled later this month in Washington.

An immediate ruling in Michigan “would not be fair to either side,” Friedman said while holding court in front of students at Wayne State University law school.

“They’re going to give us something to hang our hat on,” he said of the Supreme Court.

Which, disappointing as it is, may be the most logical decision.



March 7th, 2013 | LINK

Better to have “something to hang your hat on” than lengthy appeals – as noted, unfair to both sides. I can only assume the SCOTUS realizes that the pressure continues to ratchet up, and not just on the cases they’re actually hearing, but in other cases large and small all over the place.

March 7th, 2013 | LINK

A good development. If the Supreme Court doesn’t rule in a way that directly strikes down all state bans, but uses reasoning that would also apply to other states, this gives Michigan a head start.

March 7th, 2013 | LINK

I predict this case could be consolidated with the Hawaii and Nevada cases and head to the Supreme Court, which could be a powerful vehicle for legalizing the freedom to marry nationwide.

March 8th, 2013 | LINK

I don’t think we could bundle the Michigan case with Hawaii & Nevada. Those cases are much like Obama’s Brief. Hawaii & Nevada give substantial rights to sexual minorities via their Civil Unions/Domestic Partnership laws but withhold Civil Marriage.

Michigan gives no rights at all, so it does not “look” like the Nevada and & Hawaii cases, thus I am not thinking there is a bundle there.

March 8th, 2013 | LINK

Did the judge reference state constitution for his initial recommendation after the suit over parental rights, or was he predicating his recommendations on equal protection under the U.S. Constitution (federal)? I’m assuming the latter?

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