Michigan Is Latest State To Have Same-Sex Marriage Ban Ruled Unconstitutional



On Friday, a federal judge in Michigan ruled that the state’s ban on same-sex marriage is unconstitutional. Much like other recent rulings in states with similar bans, US District Judge Bernard Friedman cited the Supreme Court’s rejection last June of parts of the Defense of Marriage Act while also pointing to the 14th Amendment. Also, just like those other states, a Republican is appealing the ruling and hoping to have an emergency stay put in place.

Michigan’s Attorney General Bill Schuette made the following statement when discussing Friedman’s decision:

“In 2004, the citizens of Michigan recognized that diversity in parenting is best for kids and families because moms and dads are not interchangeable. Michigan voters enshrined that decision in our state constitution, and their will should stand and be respected.”

Judge Friedman wrote the following in his decision on Friday:

“Today’s decision … affirms the enduring principle that regardless of whoever finds favor in the eyes of the most recent majority, the guarantee of equal protection must prevail…The court finds the (Michigan Marriage Amendment) impermissibly discriminates against same-sex couples in violation of the Equal Protection Clause because the provision does not advance any conceivable state interest.”

Unlike in recent rulings in favor of marriage equality in states like Texas, Oklahoma, Kentucky and Virginia, Judge Friedman did not issue a temporary stay until this decision is heard by an appeals court. Therefore, unless Schuette is able to get an emergency measure in place prior to Monday morning, country clerks will be able to start issuing marriage licenses right away. In fact, at least four counties started granting licenses on Saturday.

The thing is, none of these states that are appealing these rulings are going to win. To do so, they have to defend discrimination. They aren’t able to prove that there is true civic and justifiable reason that same-sex marriage needs to be against the law. They cannot prove that it causes irreparable harm to society. Overall, the reason for denying same-sex couples the benefit of marriage is purely for discriminatory purposes.

Judge Friedman hit upon that in his decision, when he brought up previous court decisions that ruled state laws banning interracial marriage were unconstitutional.

“Both the Windsor and Loving decisions stand for the proposition that, without some overriding legitimate interest, the state cannot use its domestic relations authority to legislate families out of existence.”

Social conservatives are just going to have to deal with the fact that marriage equality is here to stay. In the end, bigotry never prevails.


7 Replies to “Michigan Is Latest State To Have Same-Sex Marriage Ban Ruled Unconstitutional”

  1. I dont think the fake christian’s get it. Love thy neighbor. That is something to live by even if you are not a christian. Each religion has similar laws or suggestions.

    We have to face the fact that we have a large contingent of false followers of a false god. If this is what their god wants, then maybe its a good thing the “rill” god is showing them that the constitution he wrote back during the magna carta days takes precedence

  2. As a child I was dragged to the Baptist church. I hated Sundays. There I got my weekly dose of self hating homophobic fear everything rants along with being told to enjoy persecution as that adds to your riches in heaven.
    Luckily all it did for me was teach me to loathe everything they said and did.
    Why should it matter who a person chooses to love or marry? If they are happy I am happy.

  3. I know growing up in rural Indiana the few gay people in the school bonded together along with the other “misfits” in the theatre department and most of us, upon graduating scattered like dandelion pods.

    We had terrible problems with the local Pentecostal church brow beating their flock into not watching TV, not listening to music, not reading the papers, women didn’t get to cut their hair, work or wear pants. One of my friends got sucked into this church. She had nothing left but eating. So she gained a ton of weight. I felt sorry for her. All she could do was talk about her church and trying to get me to go to that church.

    Naturally I was one of the ones who scattered. I pitched my yearbooks in the trash 20 years ago and have never been back to any reunions.

    Who wants to go back to hell once they’ve escaped from there?

  4. So how many taxpayer dollars have been wasted in the past several years as a result of state legislatures writing and passing callous, personally-invasive, religiously-dogmatic, misogynistic or homophobic socially-regressive laws, only to have them overturned by the court system for their inherent unconstitutionality.

  5. Apparently, Michigan has no divorced parents and no unwed mothers. That criteria of both a mother and father is wishful thinking.

  6. I’m very delighted to see this in my home state, I’m pitching in to get gov. snyder thrown out!! and this ruling on marriage equality gives me hope Michigan will remain BLUE! not necessarily Maze and blue, democratic BLUE

  7. The only reason this is in the courts is the fact that it is a religious pile of paranoia. This is the fundamentalists sharia law as work. This should be taken for granted and NOT be in the courts. Heterosexual marriage is NOT in the courts, why should same sex marriage be? The same laws need to apply to both

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