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First recorded activity by BoatBanter: Feb 2013
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U.S. District Judge Bernard Friedman ruled today that a case being
brought by a Michigan lesbian couple challenging Michigan's ban on
same-sex marriages can move forward. Earlier this year, Judge Friedman
suggested that the lesbian couple, Jayne Rowse and April DeBoer, who
were suing to be allowed to adopt each other's children, broaden their
complaint to challenge the same-sex marriage ban itself.

However, on March 6th, Judge Friedman decided to delay his decision
until the U.S. Supreme Court gave its rulings on California's
Proposition 8 and the Defense of Marriage Act. During that hearing, he
repeatedly challenged the notion that there is some rational government
purpose in preventing same-sex couples from marrying. Now that that the
Supreme Court has ruled decisively on the side of marriage equality,
Judge Friedman is prepared to allow Rowse and DeBoer to challenge
Michigan's ban:

Today, Judge Friedman denied the state of Michigan's attempt to
dismiss the case. He cited the recent U.S. Supreme Court rulings in his
decision

From Friedman's ruling:

"Construing the facts in the light most favorable to plaintiffs,
and in view of the Supreme Court’s current statement of the law, this
Court cannot say that plaintiffs’ claims for relief are without
plausibility. Plaintiffs are entitled to their day in court and they
shall have it."

Both sides in the lawsuit will appear before Friedman on July 10th to
set a court date.

As both sides of the issue gear up for an epic battle in 2016 over the
constitutional ban on same-sex marriage in Michigan, Judge Friedman, a
conservative Republican appointed by President Reagan, may short circuit
that in 2013.

http://tinyurl.com/kbdcqeg


 
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