By Jacquelyn A. Dupler
Family law in Michigan is constantly changing. For the time being, the ban on gay marriage in Michigan is still in effect. On November 6, 2014, the United States Court of Appeals for the Sixth Circuit issued its opinion in DeBoer v. Snyder, upholding the bans against performing and recognizing same-sex marriages within the states in the Sixth Circuit. DeBeor v. Snyder, the Michigan case, was consolidated with cases from each of the states within the Sixth Circuit: Kentucky, Tennessee, and Ohio.
The unmarried same-sex couple, April DeBoer and Jayne Rowse, filed the Michigan case. DeBoer and Rowse are both nurses and live in metro Detroit with three children adopted by DeBoer and one child adopted by Rowse. Their case against the State of Michigan challenged Michigan’s adoption law, which restricts adoptions to married couples or single individuals (i.e., because same-sex couples cannot marry, they cannot adopt a child together), and the 2004 amendment to Michigan’s Constitution, which prohibits performing and/or recognizing same-sex marriage in Michigan.
At the trial court level, federal Judge Friedman held an eight-day bench trial, hearing arguments in support of and against the State’s ban on gay marriage. He heard testimony from several professionals, including a psychologist, sociologists, law professors, and economists. Based upon the arguments made by counsel and the testimony presented, Judge Friedman ruled on March 21, 2014 that the Michigan Marriage Initiative (Proposal 2) is unconstitutional as a violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
Nearly eight months later, on November 6, 2014, the majority for the Sixth Circuit Court of Appeals ruled 2-1 that the Michigan Marriage Initiative is constitutional and therefore, the ban on gay marriage in Michigan continues. Since the ruling, DeBoer and Rowse have filed a request for the case to be heard by the United States Supreme Court. Many speculate that because there is now a split among federal courts, the Supreme Court will in fact hear the Michigan gay marriage case in the next term. Thirty-five states and the District of Columbia have expanded the definition of marriage to include gay couples.
It looks like the United States Supreme Court will ultimately decide the issue of same sex marriage, not only in Michigan, but also across the United States by next summer.
Jacquelyn A. Dupler is a family law attorney at the Sinas Dramis Law Firm, who focuses her practice on family law matters, including divorce, child custody and visitation, child support, and spousal support claims.
This was printed in the December 28, 2014 to January 14, 2015 edition.
