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Judge strikes down Michigan's ban on gay marriage

POSTED BY: GEEZER
UPDATED: Sunday, March 23, 2014 12:55
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Friday, March 21, 2014 10:20 PM

GEEZER

Keep the Shiny side up


Quote:

DETROIT (AP) -- Michigan's ban on gay marriage is unconstitutional, a federal judge said Friday, striking down a law that was widely embraced by voters a decade ago in the latest in a series of similar decisions across the country.

But unlike cases in other states, U.S. District Judge Bernard Friedman did not suspend his decision while the Michigan attorney general pursues an appeal. That means clerks could start issuing licenses Monday unless a higher court intervenes.

Friedman released his 31-page ruling exactly two weeks after a rare trial that mostly focused on the impact of same-sex parenting on children. The challenge was brought by two Detroit-area nurses originally seeking to overturn Michigan's ban on joint adoptions by gay couples.

The judge noted that supporters of same-sex marriage believe the Michigan ban was at least partly the result of animosity toward gays and lesbians.

"Many Michigan residents have religious convictions whose principles govern the conduct of their daily lives and inform their own viewpoints about marriage," Friedman said. "Nonetheless, these views cannot strip other citizens of the guarantees of equal protection under the law."

Seventeen states and the District of Columbia issue licenses for same-sex marriage. Since December, bans on gay marriage have been overturned in Texas, Utah, Oklahoma and Virginia, but appeals have put those cases on hold.

Attorney General Bill Schuette, a Republican, asked a federal appeals court to freeze Friedman's decision and prevent same-sex couples from marrying while he appeals the case.

The decision was filed in Detroit shortly after 5 p.m., when most county clerk offices were closed and couldn't issue licenses.

"We'll be ready to go first thing Monday morning. We open at 8 a.m.," said Barb Byrum, the clerk in Ingham County, home of the state capital.

Oakland County Clerk Lisa Brown said she's thrilled.

"It means I'm not forced to discriminate in my office," she said.

The women who brought the 2012 lawsuit, Jayne Rowse and April DeBoer, are raising three adopted children with special needs at their Hazel Park home. But they can't jointly adopt each other's children because that is tied exclusively to marriage in Michigan.

Attorney Dana Nessel read portions of the decision on live TV at the kitchen table in the DeBoer-Rowse home.

"It's unbelievable," DeBoer said. "We got our day in court. We won."

About an hour later, the couple got a standing ovation and cheers at Affirmations, a community center for gays and lesbians in Ferndale, north of Detroit. DeBoer said she and Rowse won't get married until the case comes to a close in the months -- possibly years -- ahead.

Rowse, 49, and DeBoer, 42, didn't testify, and the trial had nothing to do with their relationship. In fact, attorneys for the state told the judge that they are great parents.

Instead, the state urged the judge to respect the results of a 2004 election in which 59 percent of voters approved a constitutional amendment that said marriage in Michigan can only be between a man and a woman. Conservative scholars also questioned the impact of same-sex parenting on children.

Friedman, who was appointed to the federal bench by President Ronald Reagan in 1988, wasn't moved.

"State defendants lost sight of what this case is truly about: people," the judge said. "No court record of this proceeding could ever fully convey the personal sacrifice of these two plaintiffs who seek to ensure that the state may no longer impair the rights of their children and the thousands of others now being raised by same-sex couples."

Experts testifying for Rowse and DeBoer said there were no differences between the children of same-sex couples and those raised by a man and woman. And the University of Texas took the extraordinary step of disavowing the testimony of sociology professor Mark Regnerus, who was a witness for Michigan.

Dave Murray, a spokesman for Republican Gov. Rick Snyder, said the state has an "obligation" to defend what voters chose in 2004.

If a "court concludes the provision of the Michigan Constitution cannot be enforced, he'd respect those decisions and follow the rule of law," Murray said of Snyder.

Michigan's Roman Catholic leaders, led by Detroit Archbishop Allen Vigneron, said gays and lesbians should be "accepted with respect, compassion and sensitivity." But the judge, they said, is wrongly redefining marriage.

"This decision ... mistakenly proposes that marriage is an emotional arrangement that can simply be redefined to accommodate the dictates of culture and the wants of adults," seven bishops said.



http://www.wtop.com/209/3587761/Judge-strikes-down-Michigans-ban-on-ga
y-marriage


And one step closer to SCOTUS.

I expect that the only reason states aren't appealing these decisions is that they know that the Supremes will rule against them and end the suspense as to when same-sex marriage is the law of the land. Guess it'll just have to be state-by-state for a while longer.

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Saturday, March 22, 2014 5:51 PM

JONGSSTRAW


Some states have and continue to appeal Federal judges' decisions that overturn the will of the voters. The Supreme Court will probably make gay marriage legal in the country, but there's a fair chance they won't. If it comes down to Roberts, he'll find a way to call it a "tax" and side with the progressives.

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Sunday, March 23, 2014 9:19 AM

NIKI2

Gettin' old, but still a hippie at heart...


Not quite yet. On Friday, March 21, 2014, just before 5 pm, a federal judge found Michigan’s ban on same sex marriage unconstitutional. Less then 24 hours later, over 300 marriage licenses had been issued to same sex couples, in just four of Michigan’s counties. On Saturday, March 21, the Detroit News reported that at least 50 same sex couples in Muskegon County had married their same sex partners that day ( http://www.detroitnews.com/article/20140322/METRO06/303220039). But the celebration was short-lived.

Same sex couples getting married apparently constitutes an "emergency". On Saturday morning, Michigan Attorney General Bill Schuette petitioned a federal appeals court for an emergency stay. Less than 24 hours after the infamous Michigan Marriage Amendment was overturned, a three judge appeals court panel granted Schuette’s emergency request for a stay. In a one page ruling, the panel stated that a stay would remain in place until later this week, “in order to allow a more reasoned consideration of the motion to stay” ( http://www.detroitnews.com/article/20140322/METRO06/303220039)

The ruling essentially blocks the repeal of Michigan’s unconstitutional ban on same sex marriage and adoption, at least for the moment. The panel of judges called on attorneys for the two plaintiff’s, who initially filed the suit in District Court, to respond to the Schuette’s request by 12:00 noon, on Tuesday, March 25th.

As to the "will of the voters", Michigan voters supported a 2004 ballot proposal, which altered the state’s constitution to read “the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.”

Michigan voters have evolved on this issue, with a 2013 poll by Glengariff Group Inc. showing that 56 percent now saying that same sex marriage is a constitutional right. They also now oppose the ban they voted for a decade ago.
Quote:

More than 56 percent of respondents said they support same-sex marriage, up 12.5 percentage points from last year, while 54 percent said they favor replacing the state's constitutional ban with language allowing same-sex marriage.

"There's been a huge sea change in the last five years," said Glengariff founder and CEO Richard Czuba. "I've never seen a policy issue move quite this much, quite this quickly."

Czuba attributed the rapid shift to the fact that 83 percent of respondents said they knew a gay individual, "and history has shown that more people support issues if they know someone personally impacted."

Support increased most among voters who identified themselves as independents or said they lean Republican. The numbers didn't change as much for other Republicans, but the results did indicate a divide between young GOP voters and those 40 years of age or older. http://www.mlive.com/news/index.ssf/2013/05/poll_majority_of_michigan_
vote.html



It's been ten years since the ban was instituted; times change. And let's not forget that the "will of the voters" would have kept racial discrimination in place long after the laws changed...some places, some of them STILL want it.


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Sunday, March 23, 2014 11:30 AM

JONGSSTRAW


20+ states have put gay marriage on their ballots in recent years, and EVERY time the voters have rejected it. That's called the will of the voters. The states that have legalized gay marriage have done so either with Democrat-controlled legislatures making new law without a voter referendum, or with individual activist Federal judges ruling on constitutional challenges brought before them. It is fitting that the Supreme Court finally decide this issue, one way or another.

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Sunday, March 23, 2014 12:55 PM

6IXSTRINGJACK


Really, what's wrong with legalizing gay as long as it's still legal to beat up two guys making out in the park? Honestly, I don't think that's an unfair trade, do you?

It's f-ing gross enough to have to watch most hetro couples show any PDA. I haven't done it for quite a while myself, but I was a good looking guy and I dated good looking women. Unless you had some Puritan beliefs that made such an action taboo, we were nothing worse than pleasant background noise.....

Sorry dudes.....

If you're out pretty much anywhere in "rich" California, do your thing girl. If you're out holding hands and grabbing ass at the park in Chicago suburbia, you're going to get your ass beat. If you're doing it in Southern State localities that haven't had a "dragging incident" with the black folk for 20 years, they'll somehow manage to have an "unfortunate relapse".


Here's the trade, and it's a multi-trade among sexes and races and sexualities.

I'll start with the benefits for straight guys.....

1. The more taxes included by somebody that's not in your particular "group", the better off you are. Taxes don't usually go down if you're not fighting them, but at least for this year you shouldn't have to pay any more in property taxes because the cigarette tax was increased a buck this year.


"Single" status on your 1040 will net you better benefits per-person than married singly or jointly.

What good are you doing the people by making marriage between gays illegal when two guys go on pretending they're just roomates in a house and they already had their own little gay Pagan ritual, and they all blow each other and the gay Pagan minister while hailing Satan?

If that "really" is what they're doing behind closed doors, your stupid laws you lazily voted for aren't going to stop it from happening.

Think about it.... When was the last time that you ever thought a law you cared about was fair?

At the very least, as long as we're fighting for a country where they can cut the heads off donkeys and finger-paint with the donkey-blood, the rest of us tax-paying Americans living in the real world shouldn't be paying more in taxes to subsidize sodomy.

The longer you fight to keep gays from marrying, the longer they will keep giving AIDS all up and down each other's bodies and not paying their fair share of the Income tax.



2... Well.. I don't think I have to bother explaining the benefits to any of the gays and enough of the women to be relevant in a post Obama presidential vote. They're on board for their own reasons.









Honestly, Rethughs......

Aren't there at least 2-3 BILLION too many people on this planet now?

At least in America, aren't at least 1/3 of the babies either not wanted and/or ill-taken care of?

They grow up to be uneducated because the only people who care less about them than their underfunded and incompetent school system is their own parents.



This isn't a stereotypical view. There's just as many white people on Bennies as other races.



Anyways.... gay is gay is gay, right?

I honestly don't believe it. I have known enough gay guys and girls over the years to know that, at least for the most part, I'd sooner kick 70% of the straight people out my house before I kicked them out.



Sodomy has been around at least as long as the worlds oldest profession.

They don't lie on Animal Planet. The Alpha owns the women, and the Betas on down to the Gammas have their own fun, more excited than a monkey watching the Banana Chanel.






HAVING BABIES IS YOUR LARGEST CARBON FOOTPRINT.

Even if you were the most self-sufficient and non-environment-damaging human being that ever lived, all you can hope when you have a kid is that it will be your only kid and that your continued linage, so long as your kid forever lives by that code until he/she dies, that they will only output half of your combined carbon filth.

If you have two kids, what then......?

Oh shit... If either one of those kids deviate from the plan even a single day of their life, they'll be more of a carbon footprint than you strived to be all of your life. Blessed be the Tree that allowed them both to have 5 illigitimate offspring who will all make a carbon footprint so large that tiny innocient cotton-tail bunnies will accidentally be stomped on, on purpose, by gigantic shiny metal robot bunnies from the future. Half of that vision of the future was written from your own genetic code.

It's true. Google it.


Stupid non-biodegradable condoms. What God? I don't care about your Christian "teachings"...... I just don't want some dumb seagull trashbird to suffocate itself while eeking itself resivor deep in a condom i threw out the window in my girlfriends church parking lot at 1AM.

Haha....

I'm sorry.....

I think PITA is pretty damn crazy, but I sometimes dream of being a boat rider on the Bob Barker.


Oh... yeah....

Haha... Had to laugh about the picture in my mind of some trashbird seagull with it's eyes bugging out all cartoon like while suffocating on a condom it "rolled" over it's head to get that sea-salty goodness from the tip.




Yeah... it was kinda like that, but even funnier.


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