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Short wave of gay marriages in Michigan
(Blogmensgo, gay blog of March 25, 2014) Two court decisions have successively opened and closed on 21 March and 22 March 2014, the door of gay marriage in Michigan. Hundreds of couples have married in the meantime.
Federal Judge Bernard Friedman declared contrary to the Constitution, March 21, a constitutional amendment passed in 2004 by 59% of voters and providing that marriage in Michigan consecrates the union of a man and a woman. He ruled on a complaint filed in 2012 by April DeBoer and Jayne Rowse, who said that the inability to marry is detrimental to the couple and three disabled children they adopted.
The 2004 amendment claimed to protect children on the grounds that unions between persons of the same sex would threaten their balance and future. Friedman judge ruled that it is exactly the opposite happens: the amendment is not only unconstitutional, but homosexual couples do not raise their children worse than heterosexual couples and the fact that gay parents can not marry harms children.
Soon after, hundreds of gay and lesbians couples stormed the offices of civil status to marry.About 300 couples were able to marry in the space of a few hours, Saturday, March 22, before the close of business. Early history will record that Glenna DeJong and Marsha Caspar, aged 53 years and 51 years, became the first gay couple getting married in Michigan.
Gov. Rick Snyder and his Minister of Justice Bill Schuette, both Republicans, immediately appealed and obtained from the Court of Appeals in Cincinnati, March 22, a valid stay of execution until March 26. In other words, the decision of Judge Friedman will not become enforceable before this date. However, it is not certain that the judgment of unconstitutionality becomes enforceable immediately after the Court of Appeal may either choose to temporarily extend the stay of execution, or to impose until it has ruled on this case.
The same-sex couples who have married in Michigan are in the same situation as those who were able to marry in Mormon territory between late December 2013 and early January 2014 (see our article on including gay marriage in Utah ) . How - and by whom - their marriage, legal, maybe ... it is considered legal? The administrative headache result of a legal limbo that only a federal appeals court - even the U.S. Supreme Court - will dissipate.
Comment. It is now certain that the federal courts of first instance takes up the cause of gay marriage, even in the most reactionary or homophobic States.
So the federal appellate courts to rule that it is and open a new page of history. Courts plural for ongoing business concern several appellate courts, such as those of Cincinnati (Michigan ), New Orleans (Texas) and Denver (Oklahoma, Utah). It is not certain that these three federal courts of appeals and other similar judgments pronounced. But this is a must before the final and decisive step transition, the Federal Supreme Court.
This article has been translated from our French blog, to view the original, click here.