Comments

  1. Cecilfirefox says

    This is worded funny, but we’ll see how the judge rules on it. I expect it to be narrow.

  2. Bingo says

    Motions are scheduled for March 7? Maybe a hearing on the motions already submitted? Not likely a decision on the 7th, but maybe a court order?

    What motions? Perhaps a link to the source of the press release would make this clear.

    Worth noting that Michigan Appelas Court ruled same-sex second patent adoptions Ok back in December.

  3. K says

    Nice to see an update on this. It still strikes me as strange (but awesome!) that the judge was the one who suggested increasing the scope of the case. Does this happen regularly?

  4. says

    It sounds like a meritorious case. It will be interesting to see whether such a draconian amendment will be allowed to stand in violation of minority rights.

    Lech Walensa should take note that minority rights must be respected not over run by a bullying majority.

  5. Ian says

    Wow, I’m IN Michigan and have heard nothing about this story! I will be watching the ‘net for news on this later this week!

  6. Frank says

    These three children are a shining example of the failure of the mother/father paradigm. Each one of these kids were failed by their biological parents and it’s left up to this wonderful couple to step in and help them out.

  7. says

    The only motion scheduled for the March 7 hearing is defendants’ motion to dismiss. So, even if the judge issues an order from the bench on this motion, all this will decide is whether or not the case will move forward. I don’t see how, given the current status of the case, we could expect a ruling on the merits.

    Here is the order setting the hearing:
    http://www.scribd.com/doc/119986743/50

    There is only one motion to dismiss remaining, as the current (newly-elected) Oakland County Clerk/Register of Deeds decided not to proceed with the MTD and thus that motion (#45) has been withdrawn.

  8. Bingo says

    Kathleen: didn’t the plaintiffs original pleading ask for the usual summary judgment?

  9. Bingo says

    And here is what their attorney said back in September:

    “We’re asking that an order be entered enjoining these state actors from blocking the same-sex marriage of couples,” said Dana Nessel, one of the couple’s attorneys.

    Judge can enter that order if it appears likely their suit will succeed. They we move to a stay pending appeal.

  10. Duration & Convexity says

    It’s thanks to brave LGBT couples like this one who SINCERELY care about teir rights, but the rights of ALL gay people, that our movement and cause has momentum. It’s those who care and are tired of being treated as second class citizens based simply on who they love….they are the driving force behind any movement.

  11. says

    BINGO, I haven’t followed this case as closely as some others and, in general, I’m weak on procedure. However, I’m accustomed to seeing a motion for summary judgment separate from the original complaint when such a judgment is requested.

    As far as I can tell, the only pleading filed subsequent to the filing of the amended complaint (which was filed back in Oct ’12 following the initial dismissal) is defendants’ motion to dismiss. There hasn’t been a motion for preliminary injunction or any motion for summary judgment.

    Again, not having followed this carefully, I suppose there’s some procedure that transpired that I missed, but as noted above, the only motion on the calendar for the March 7 hearing is the MTD and plaintiffs’ response to that motion concludes with only this: “Plaintiffs respectfully request that this Court deny the Defendants’ motion to dismiss Count II of the instant complaint.”

  12. DannyEastVillage says

    How dare these two women love and care for these special needs children who had been abandoned by their natural parents! Why it’s positively unchristian.

  13. Thomas says

    KATHLEEN–I’m in Michigan and have a law background (but a rusty one, admittedly), and as best I can tell you’re correct.

    IAN–It is really unfortunate how little coverage this has received. Unfortunately, the only progressive pockets in Michigan are in Ann Arbor and a handful of suburbs. Basically, wherever you have a college campus. The major news outlets have mostly had very little interest in the story.