Main | Tuesday, July 02, 2013

MICHIGAN: Judge Cites DOMA Ruling, Allows Marriage Lawsuit To Proceed

Citing last week's SCOTUS ruling on DOMA, a  Michigan judge has kept his word and will allow a lesbian couple to sue the state for marriage rights. From his ruling:
"Plaintiffs’ equal protection claim has sufficient merit to proceed. The United States Supreme Court’s recent decision in United States v. Windsor, No. 12-307 (U.S. Jun. 26, 2013), has provided the requisite precedential fodder for both parties to this litigation. plaintiffs are prepared to claim Windsor as their own. And why shouldn’t they? The Supreme Court has just invalidated a federal statute on equal protection grounds because it “place[d] same-sex couples in an unstable position of being in a second-tier marriage.” Id. slip op. at 23. Moreover, and of particular importance to this case, the justices expressed concern that the natural consequence of such discriminatory legislation would not only lead to the relegation of same-sex relationships to a form of second-tier status, but impair the rights of “tens of thousands of children now being raised by same-sex couples” as well. Id. This is exactly the type of harm plaintiffs seek to remedy in this case."
The trial date will be set later this month.

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