The U.S. Supreme Court announced on January 16, 2015, that it was granting four petitions to review the 6th Circuit Court of Appeals ruling in DeBoer v. Snyder, 772 F.3d 388 (Nov. 6, 2014), which had rejected the claim that same-sex couples have a constitutional right to marry and to have such marriages recognized by other states. The 6th Circuit’s ruling, issued on November 6 on appeals by four states from district court pro-marriage equality … <Read More>
Deboer v. Snyder
Federal Court Orders Recognition of Michigan Same-Sex Marriages
U.S. District Court Judge Mark Goldsmith has ruled in Caspar v. Snyder that even though the U.S. Court of Appeals for the 6th Circuit reversed a trial court marriage equality ruling last year, more than 300 couples who married in the brief period time between that overruled decision and the 6th Circuit’s grant of a stay pending appeal are entitled to have their marriages recognized by the state. Rejecting the state’s argument that the 6th … <Read More>
6th Circuit Opens Up Circuit Split on Marriage Equality
A three-judge panel of the U.S. Court of Appeals for the 6th Circuit voted 2-1 to reverse marriage equality decisions from Michigan, Ohio, Kentucky and Tennessee on November 6, creating a split of circuit authority that appeared calculated to provoke Supreme Court review just one month after the High Court had turned down petitions from five states in three circuits, effectively allowing marriage equality decisions to take effect in those states. The opinion for the … <Read More>
Bush Appointees Split Over Stay of Michigan Marriage Ruling
A panel of three federal judges, all appointed by George W. Bush, were split 2-1 about issuing a stay of the U.S. District Court’s ruling that Michigan must allow same-sex couples to marry. Circuit Judge John M. Rogers and Kentucky Chief District Judge Karen Caldwell voted to grant the state’s motion for a stay, while Circuit Judge Helene White dissented.
The approach of the majority seemed to be “Ours is not to reason why,” as … <Read More>
Michigan Marriage Equality Ruling Repudiates Regnerus “Study” as “Unbelievable”
Senior U.S. District Judge Bernard A. Friedman ruled on March 21 that the Michigan Marriage Amendment and the statutes that implement it, which prohibit same-sex marriages in Michigan, violate the Equal Protection Clause of the 14th Amendment. Judge Friedman ordered the state to stop enforcing the ban. Friedman released his opinion shortly after business hours, so county clerk offices around the state were already closed for the weekend and marriage licenses could not be immediately … <Read More>
Federal Judge Schedules February 25 Trial on Constitutionality of Michigan Marriage Amendment
U.S. District Judge Bernard Friedman heard arguments on October 16 from the state of Michigan and lawyers for a lesbian couple who want to jointly adopt each other’s children, before announcing that he was denying each side’s motion for summary judgment and scheduling a February 25 trial on the constitutionality of the Michigan Marriage Amendment. The Amendment’s constitutionality is an issue in the case because Michigan’s adoption statute only allows couples who are married to … <Read More>