Michigan Attorney General Bill Schuette’s office has delivered the state’s defense of its same-sex marriage ban to the US Supreme Court.
The state’s 59-page brief focuses largely on states’ rights. The attorney general argues the case is not specifically about marriage, but who gets to decide the question.
From the brief’s summation:
“This case is not about the best definition of marriage or any stereotypes about families. Families
come in all types, and parents of all types—married or single, gay or straight—love their children. This case is about whether the Fourteenth Amendment imposes a single marriage view on all states such that the people have no right to decide. It does not.”
The brief says the US Constitution is silent on the issue, so the decision on defining who can get married is left to states or their voters. The brief says Michigan voters made a reasonable choice when they approved the ban in 2004, and only they should be allowed to reverse it.
April DeBoer and Jayne Rowse are the lesbian couple challenging the ban. They say it violates their equal protection rights and the equal protections rights of the children they are raising together, but cannot jointly adopt.
Ohio, Kentucky, and Tennessee will also defend marriage bans when the Supreme Court hears arguments in the case next month.
A state House committee could vote tomorrow (Wed.) on bills to shield faith-based adoption agencies from having to serve LGBT couples if the US Supreme Court legalizes same-sex marriage.
Bob Fluke of Lansing brought a gay pride flag to the inauguration. He wants the governor and lawmakers to make the issue a priority.
Attorneys for April DeBoer and Jayne Rowse say their challenge before the US Supreme Court to Michigan’s same-sex marriage ban focus on the harmful effects on children. Continue reading
Michigan’s same-sex marriage ban will be one of four the U-S Supreme Court will consider to decide the issue for the nation. Continue reading
The Michigan Supreme Court won’t reconsider its decision that refuses parole hearings for more than 350 juvenile lifers in state prisons. That sets the stage for a group of inmates convicted of murder to take their case to the US Supreme Court. The nation’s highest court ruled two years ago that mandatory life sentences for juveniles are unconstitutional cruel and unusual punishment. But in a separate ruling, the Michigan court said that decision does not apply retroactively – only to future cases.
The US Supreme Court has declined to hear seven same-sex marriage cases. And that leaves the fate of Michigan’s same-sex marriage ban with the US Sixth Circuit Court of Appeals.
It looks like Michigan will not face a $1 billion budget hole due to a recent state Supreme Court ruling after all.
In Cincinnati tomorrow (Wed.), the US Sixth Circuit Court of Appeals will hear arguments on same-sex marriage bans in Michigan and three other states.
The US Supreme Court is nearing the end of its term, and a number of important opinions are expected over the next few weeks. Continue reading
The US Supreme Court has upheld Michigan’s ban on race and gender-based affirmative action that was approved by voters eight years ago.