Federal Appeals Court Puts Indefinite Stay on Ruling Striking Down Michigan Gay Marriage Ban
The Sixth Circuit Court of Appeals voted 2-1 on Tuesday to place a stay on U.S. District Judge Bernard Friedman's ruling last week striking down the state's gay marriage ban, the Detroit Free Press reports.
"When those arguments will be heard is uncertain," the Detroit News adds.
Chris Geidner at Buzzfeed adds:
The three-judge panel to consider the state’s request was split 2-1 on the request, with Circuit Judge John Rogers and U.S. District Court Judge Karen Caldwell ruling in favor of the stay and Circuit Judge Helene White opposing the stay.
Referencing the U.S. Supreme Court’s decision in January to halt same-sex couples’ marriages in Utah with a stay during the appeal of the marriage case there, the court opinion stated, “There is no apparent basis to distinguish this case or to balance the equities any differently than the Supreme Court did in [the Utah case]. Furthermore, several district courts that have struck down laws prohibiting same-sex marriage similar to the Michigan amendment at issue here have also granted requests for stays made by state defendants.”
White, however, wrote that in her examination of the factors to consider when deciding whether to grant a stay, she concluded that “a stay is not warranted.”
Hundreds of gay couples were married over the weekend following the ruling when four Michigan county clerks opened their offices and began issuing marriage licenses.
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