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Arguments in Michigan marriage equality case to be held tomorrow; decision is possible soon after

LGBT Legal Cases Marriage equality Marriage Equality Trials

Michigan state sealTomorrow in Michigan, a federal judge in Michigan will hear oral arguments in DeBoer v. Snyder. The case involves a challenge to Michigan’s anti-gay adoption law; the challenge was later expanded to include a constitutional attack on the state’s same-sex marriage ban. Tomorrow’s arguments will involve the merits of the underlying issues – both parties filed cross-motions for summary judgment asking the judge to rule finally in their favor.

The Detroit Free Press is reporting that it’s possible a decision on the constitutionality of the bans could come down tomorrow following the arguments:

Robin Miner-Swartz and Betsy Miner-Swartz will be glued to their phones on Wednesday afternoon as they wait for news on what could be a historic day for the state.

U.S. District Judge Bernard Friedman is expected to issue a ruling, perhaps that afternoon, on whether Michigan’s 2004 ban on same-sex marriage violates the U.S. Constitution. He also may decide whether the state’s ban on same-sex adoption should be tossed.

Should he lift the ban on same-sex marriage and decline to issue a stay while it’s being appealed, same-sex marriage would be legal in Michigan until a higher court overturned it.

The federal judge hearing the case had ruled previously that it could go forward: citing United States v. Windsor, in which the Supreme Court struck down Section 3 of the federal Defense of Marriage Act (DOMA), he wrote that either side in this litigation could feasibly argue that their case is backed up by the language and holding of the decision. Given that fact, the case should proceed to a final judgment on the merits and survive attempts to dismiss it.

Protestors in favor of marriage equality will hold rallies in the state awaiting any possible decision tomorrow.

h/t Towleroad

1 Comment

  • 1. BREAKING: Federal judge w&hellip  |  October 16, 2013 at 1:52 pm

    […] ban has just concluded and the judge said he won’t issue a final ruling today. Today’s arguments were over motions for summary judgment filed by both sides in the case. The judge said today that […]

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