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Michigan Gov. Rick Snyder Fights Against State Recognition Of Terminally Ill Gay Man’s Marriage: VIDEO

Bruce Morgan Brian Merucci

Michigan Governor Rick Snyder (right) has submitted a brief arguing that the state should not have to recognize the marriage of a gay man suffering from a terminal illness, reports the Washington Blade.

Rick Snyder_smThe five-page brief presented to the U.S. District Court of the Western District of Michigan on April 16 East Grand Rapids couple Brian Merucci and Bruce Morgan. Morgan is suffering from brain cancer.

Although the Sixth Circuit Court of Appeals reversed a 2014 decision striking down Michigan’s gay marriage ban, Snyder has acceded to the decision in Caspar v. Snyder requiring the state to recognize the marriages of couples who wed during a window period after the initial court ruling.

However, Snyder has argued Caspar v. Snyder does not provide for the recognition of  Merucci and Morgan’s marriage.

“The only circumstance cited by Plaintiffs not previously considered by this Court is the decision in Caspar. But Caspar is non-precedential and factually distinguishable.

"Consequently, the legal and factual landscapes relevant to staying this case remain the same as they did when this Court issued the stay, and Plaintiffs’ motion should be denied.”

Morgan v. Snyder was filed in June 2014, but the case was stayed in as marriage litigation was pending before the Sixth Circuit. Earlier this month, Merucci and Snyder sought a relief from the stay in the aftermath of the decision in the Caspar case.

Watch a report on the case, AFTER THE JUMP...

Continue reading "Michigan Gov. Rick Snyder Fights Against State Recognition Of Terminally Ill Gay Man’s Marriage: VIDEO" »

Michigan Governor: State Will Recognize 300+ Same-Sex Marriages That Took Place in March

Michigan Governor Rick Snyder announced today that the state would recognize more than 300 same-sex marriages that took place last March after the state's ban was struck down but before the Sixth Circuit suspended the ruling.

SnyderOn January 15 U.S. District Court Judge Mark Goldsmith ordered the state of Michigan to recognize the marriages and Wednesday Snyder said he would not appeal that ruling.

Said Snyder in a statement:

“The judge has determined that same-sex couples were legally married on that day, and we will follow the law and extend state marriage benefits to those couples.

“I appreciate that the larger question will be addressed by the U.S. Supreme Court this year. This is an issue that has been divisive across our country. Our nation’s highest court will decide this issue. I know there are strong feelings on both sides of this issue, and it’s vitally important for an expedient resolution that will allow people in Michigan, as well as other states, to move forward together on the other challenges we face.”

The case challenging Michigan's ban on gay marriage is set to go before the U.S. Supreme Court this year, along with challenges to bans in three other states that fall within the Sixth Circuit's jurisdiction.

Detroit Minister Sues Michigan For The Right To Conduct Same-Sex and Polygamous Marriages

Screen Shot 2015-01-16 at 2.36.41 PMA bold Detroit minister filed a lawsuit against the state of Michigan, alleging state law violates his right to religious freedom by barring him from conducting same-sex and polygamous marriages reports The Detroit NewsRev. Neil Patrick Carrick filed the lawsuit on Monday against Gov. Rick Snyder and Attorney General Bill Schuette, citing that the state's ban on such unions runs counter to the First Amendment and 14th Amendment of the U.S. Constitution. Carrick issued a stoic statement on the matter Tuesday.

Said Carrick:

"Churches should have the right to marry who they want to marry. I've been told by others that 'we would love to marry (gays and lesbians) but we can't because we would be breaking the law.'

"The state of Michigan does not have the right to tell us what to do in our church."

In the lawsuit, Carrick claims the state engages in "the disparate treatment" of gays, lesbians and what he calls "plural relationships." Carrick, a former pastor with the United Church of Christ, says he turned down requests from same-sex to marry because he would be breaking state law. Michigan law states that someone who knowingly performs a marriage ceremony for same-sex couples is a punishable crime and carries a fine of up to $500. "Michigan officials create discrimination and potentially prosecution of private conduct between consenting adults without requiring law enforcement officials to show harm to society or those involved," Carrick said.

Gina Calcagno, the campaign manager for Michigan for Marriage, an advocacy group that wholeheartedly supports same-sex marriage, said many religious are eager to perform ceremonies for same-sex couples. "They are just waiting for the state to catch up," said Calcagno. The United Church of Christ filed a lawsuit last April against the state of North Carolina arguing that the state's marriage law violates the First Amendment rights of clergy to "free exercise of religion." A federal judge struck down the North Carolina law in October.

A spokesman for the Michigan Attorney General's Office declined to comment about the lawsuit Tuesday. Yesterday, the U.S. Supreme Court announced it would review a case challenging Michigan's gay marriage ban. 

Federal Court Rules Michigan Must Recognize 300+ Gay Marriage Licenses Issued in March

U.S. District Court Judge Mark Goldsmith ruled today that Michigan must recognize more than 300 marriage licenses issued to same-sex couples last March. Goldsmith stayed his ruling for 21 days.

Freedom to Marry reports: Snyder

Today's ruling was in the case Caspar v. Snyder, which was filed on April 14, 2014 by the American Civil Liberties Union of Michigan on behalf of eight same-sex couples who received marriage licenses on the first day of the freedom to marry in Michigan. More than 300 couples received marriage licenses on March 22, after a federal judge struck down the state's ban on marriage for same-sex couples. The ruling was stayed later that afternoon, and although the federal government said that it would respect the Michigan marriage licenses for all purposes, Governor Rick Snyder (pictured) said that the state would deny respect to the licenses as the 6th Circuit Court of Appeals considered arguments in the original federal lawsuit.

Judge Goldsmith wrote:

The alleged harm of impaired human dignity and denial of at least some tangible benefits have already come about, thereby establishing that the factual record is sufficiently developed, such that there is no need to await future events for adjudication of the issues in this action. And delaying judicial resolution of these issues would serve no useful purpose. To the contrary, such delay would compound the harms these Plaintiffs suffer each day that their marital status remains unrecognized.

Judge Goldsmith's ruling, which is stayed for 21 days, means that all of the same-sex couples who were married on March 22 before the ruling was stayed will soon be respected by the state.

Ruling, via Equality Case Files, below:

4:14-cv-11499 #46 by Equality Case Files

Michigan Gov. Rick Snyder Argues Sixth Circuit Ruling Invalidates Gay Marriages Performed in March

In a new brief filed in reaction to the Sixth Circuit's anti-equality ruling last week upholding Michigan's gay marriage ban, governor Rick Snyder is arguing the 300 marriage licenses issued to same-sex couples back in March are now null and void. 

The Associated Press reports:

SnyderThe 6th Circuit Court of Appeals in Cincinnati issued a stay on marriages March 22, but not until after 300 couples had completed the steps to be married.

Afterward, Gov. Rick Snyder said the affected couples don't have the state benefits of marriage. On Nov. 6, the court in Cincinnati upheld Michigan's ban, and those in Ohio, Kentucky and Tennessee.

"Consequently, from a legal standpoint, because the marriages rested solely on the district court's erroneous decision, which has now been reversed, it is as if the marriages never existed, and Plaintiffs' requests for benefits attendant to a legal marriage must be denied," lawyers for the state wrote in the six-page brief.

Attorneys for the plaintiffs in Michigan's gay marriage case are expected to file briefs with the U.S. Supreme Court on Monday. The Ohio and Tennessee marriage cases have already been appealed to the high court. 

Read Snyder's brief below via Equality Case Files:

Michigan Governor Rick Snyder Vows to Continue Defending State's Gay Marriage Ban

Following yesterday's Sixth Circuit ruling upholding Michigan's ban on same-sex marriage, Governor Rick Snyder and Attorney General Bill Schuette announced their plans to continue to defend the ban in court.

SnyderMLive reports:

“When I became governor, I took an oath to support and defend our state constitution, without exceptions,” Snyder said in a statement, referencing the 2004 voter-approved amendment that defined marriage as between one woman and one man.

“My obligation to carry out that oath is not a matter of personal preference. As I have said throughout this process, I will respect the court’s decision as it examines the legality of same-sex marriage.”

The ACLU has pledged to appeal the Sixth Circuit's decision directly to the Supreme Court. 


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