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BREAKING: Federal Judge Strikes Michigan Marriage Ban

BREAKING: Federal Judge Strikes Michigan Marriage Ban

BREAKING: Federal Judge Strikes Michigan Marriage Ban

BREAKING: The 2004 law barring same-sex couples in Michigan from marrying has been struck down by a federal judge.

A federal judge has ruled that Michigan's 2004 ban on marriage equality is unconstitutional.

The ruling by U.S. District Judge Bernard Friedman was based on a case brought by couple Jayne Rowse and April DeBoer, two nurses from the Detroit area who have been together for eight years and have three children. They argued that the ban is a violation of both the constitution's Equal Protection Clause and the 14th Amendment’s Due Process clause.

Friedman also ruled that findings from Mark Regnerus's often rebuked study about same-sex families were "entirely unbelievable and not worthy of serious consideration."

Regnerus's 2012 study, published as the New Family Structures Study, claims that children of mothers in same-sex relationships were more likely to be unemployed or underemployed. Children with fathers in same-sex relationships were more likely to have been arrested.

Friedman added, "The evidence adduced at trial demonstrated that his 2012 'study' was hastily concocted at the behest of a third-party funder, which found it 'essential that the necessary data be gathered to settle the question in the forum of public debate about what kinds of family arrangement are best for society' and which 'was confident that the traditional understanding of marriage will be vindicated by this study.'"

Although court-watchers expected a stay on any ruling that struck down the ban, it is not immediately clear whether same-sex couples in Michigan will be allowed to begin marrying. The Michigan attorney general has already filed an emergency appeal for a stay, reports the Detroit Free Press.

Michigan's ban was passed as part of the 10 that were used to help rally socially conservative voters to the polls in 2004 by the George W. Bush campaign for president. It passed with 59 percent of the vote.

Judges have ruled in favor of LGBT plaintiffs recently in VirginiaKentuckyTexasOhio,Oklahoma and Utah. Human Rights Campaign executive director Chad Griffin applauded the decision, and said it was all part of the momentous state-by-state movement to establish legal marriage equality, essentially reversing the work done a decade ago during the Bush campaign.

"It’s clear that the law is on the side of LGBT Americans, and we are moving with increasing momentum toward the day when all loving and committed same-sex couples receive the dignity and respect they deserve.”

 

 

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Michelle Garcia