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Federal Judge Postpones Ruling on Gay Michigan Couple's Challenge to Marriage Ban Till After SCOTUS Rulings

A federal judge expected to deliver a ruling today that could have invalidated Michigan's ban on same-sex marriage has decided to postpone his ruling, the Detroit News reports:

LmcFederal Judge Bernard Friedman stayed his decision in the matter Thursday so he can wait until the U.S. Supreme Court decides two other federal cases, which will likely be in June.

"I'll be watching those case closes," Friedman said. "Hopefully, the Supreme Court will give us some direction."

The case being held in Detroit focuses on April DeBoer, 41, who adopted a girl, and her partner, Jayne Rowse, 48, who adopted two boys. But Michigan law prevents the Hazel Park residents from adopting each other's children.The nurses filed a lawsuit to try to overturn the state's prohibition on adoption by same-sex partners. And Friedman invited them to expand their case and take aim at the gay marriage ban.

"We are hopeful and confident," DeBoer said Thursday. "(The judge) has to hear all the arguments. And hopefully our children will be ours."

It is argued that if Friedman strikes down the gay marriage ban, supporters say gay couples could marry and acquire other rights, including adoption.

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Comments

  1. Ari?

    Posted by: matt | Mar 7, 2013 11:00:55 AM


  2. Coward.

    Posted by: jamal49 | Mar 7, 2013 11:03:01 AM


  3. This is what's been happening pretty much countrywide, with Illinois seeming to be the only state where some actual legislative progress is occurring. States are clearly deferring and waiting for the SCOTUS ruling to act on anything regarding gay rights. It gives them cover regardless of the decisions on DOMA/Prop 8.

    It sure is cowardly, though. That means nearly four more months of completely inaction, which is another quarter year of institutionalized discrimination.

    Posted by: Francis | Mar 7, 2013 11:34:16 AM


  4. I was in the courtroom this morning. I felt that the the judge was very much on our side. He clearly explained that he didn't want his decision to go straight to an appeal and will rule as soon as the Supreme court's decision is made public. He made comments along the line that people's view change and we live a different time than 10 years ago when the ban was voted on.

    Posted by: Dave | Mar 7, 2013 1:27:11 PM


  5. This is a prudent course of action. But timid.

    Posted by: Randy | Mar 7, 2013 2:04:29 PM


  6. Guys, keep in mind that this is probably not the only case on the judge's proverbial plate. If the U.S. Supreme Court throws out all bans on same-sex marriage, then his ruling comes about as close as legally possible to a "one liner", and would eliminate the work of writing roughly a 100 page document. So, his decision to wait makes sense given a goal of handling as many cases as possible per year.

    It's not like anyone really wants a delay, but it is not like the judge decided to wait for the Supreme Court so he could play golf every afternoon this spring.

    BTW, download Judge Walker's ruling - the one that invalidated Proposition Eight - if you want to see what sort of effort is involved. You don't have to read it in detail. Just look at the page count.

    Posted by: Bill | Mar 7, 2013 2:34:32 PM


  7. These Judges get paid a fortune yet none of them have the balls to actually make a decision. They are PATHETIC !

    If they don't make a judgment then they are failing to do their jobs. If I failed to do my job I would be fired. They should be fired !

    Posted by: Icebloo | Mar 8, 2013 12:36:11 AM


  8. Judges DON'T get paid a fortune. And, though frustrating to the DeBoer-Rowse family, the reality IS that however the judge ruled, there would be an appeal -- which costs money -- and which would not be heard in any event until after the Supreme Court makes some kind of rullng.

    Posted by: EdA | Mar 8, 2013 7:31:13 AM


  9. In June, the SCOTUS will legalize same-sex marriage nationwide.

    Posted by: Thomas Alex | Mar 8, 2013 9:30:16 AM


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