Another state constitution banning same-sex marriage, another federal judge strikes it down on Fourteenth Amendment grounds. This time, the state is Michigan:
Federal Judge Bernard Friedman gave his decision Friday, two weeks after the couple's trial against the ban. Friedman's ruling says the state's ban is "unconstitutional because they violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution."
Doesn't get much more clear cut than that.
In 2004, the state of Michigan enacted the Defense of Marriage Act after it was passed by 59 percent of voters. The act argues that children benefit from living in homes of heterosexual couples.
April DeBoer and Jayne Rowse sued the state of Michigan's federal court in an effort to overturn the state's ban on joint adoptions by same-sex couples. Friedman invited them to challenge the state's ban on same-sex marriage. They refiled the lawsuit and went to trial against the state's ban on gay marriage.
The ruling is here. Judge Friedman's conclusion:
In attempting to define this case as a challenge to “the will of the people,” state defendants lost sight of what this case is truly about: people. No court record of this proceeding could ever fully convey the personal sacrifice of these two plaintiffs who seek to ensure that the state may no longer impair the rights of their children and the thousands of others now being raised by same-sex couples. It is the Court’s fervent hope that these children will grow up “to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.” Windsor, 133 S. Ct. at 2694. Today’s decision is a step in that direction, and affirms the enduring principle that regardless of whoever finds favor in the eyes of the most recent majority, the guarantee of equal protection must prevail.
Boom. Won't be long now before SCOTUS is forced to act.
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