Judge Rules Michigan's Ban on Gay Marriage Unconstitutional

rdowns

macrumors Penryn
Original poster
Jul 11, 2003
27,345
12,409
Wont anyone think of the wedding cake bakers.


A federal judge ruled Friday that Michigan's law against same-sex marriage is unconstitutional.

The ruling is a victory for two Detroit-area nurses, April DeBoer and Jayne Rowse, who went to court to challenge a state law that barred them from jointly adopting each other's children.

At the invitation of the judge, they broadened their lawsuit to challenge the state's ban on same-sex marriage, adopted by 59 percent of Michigan voters a decade ago.

Judge Bernard Friedman said the state, in defending the ban as the will of the people, "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."

Friday's decision, he said, "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."

The judge did not put a hold on his own ruling, parting company with other federal judges who have stayed the effect of similar rulings while the cases work their way through the appeals court.

Michigan Attorney General Bill Schuette quickly requested an emergency stay.

http://www.nbcnews.com/news/crime-courts/judge-rules-michigans-ban-gay-marriage-unconstitutional-n59116
 

iBlazed

macrumors 68000
Feb 27, 2014
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Judge Bernard Friedman said the state, in defending the ban as the will of the people...
Wait a minute...the state's main argument focused on the fact that it was the "will of the people"???? Did their attorneys just finish law school yesterday? What kind of a weak sauce argument is that? Any judge with two functioning braincells knows that the method for putting a law into place has NOTHING to do with whether it's constitutional or not.

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Oh, and I hope the emergency stay gets denied this time.
 

Meister

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Oct 10, 2013
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Everytime two gays marry, Jesus cries and a kitten dies.
Can you live with that?

They should hire me as their attorney! :D
 

SwiftLives

macrumors 65816
Dec 7, 2001
1,339
240
Charleston, SC
Probably just another activist liberal hippie judge nominated by either Obama or Clinton after they'd puffed a few. Because a law-abiding self-respecting America-loving Republican judge would never attempt to legislate from the bench.

What's that?

He was nominated by...Reagan!?
 

VulchR

macrumors 68020
Jun 8, 2009
2,329
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Anybody else find it odd that nobody is held responsible (prosecuted) for breaking the laws of the land when legislation is passed that is unconstitutional? It's not like we all cannot read the document and have a good sense of what it does and does not allow....
 

0007776

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Anybody else find it odd that nobody is held responsible (prosecuted) for breaking the laws of the land when legislation is passed that is unconstitutional? It's not like we all cannot read the document and have a good sense of what it does and does not allow....
Nope, there is plenty of ambiguity in the constitution, which is why different judges can come to different conclusions based on the same thing. Plus congress is allowed to pass whatever they want, and if there is any question about it being enforceable or not then that's the court's job to decide.
 

Eraserhead

macrumors G4
Nov 3, 2005
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Nope, there is plenty of ambiguity in the constitution, which is why different judges can come to different conclusions based on the same thing. Plus congress is allowed to pass whatever they want, and if there is any question about it being enforceable or not then that's the court's job to decide.
That the constitution allows gay marriage is pretty ****ing clear.
 

0007776

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That the constitution allows gay marriage is pretty ****ing clear.
The constitution doesn't explicitly say anything about marriage, and it is only recently that the courts have decided it does, so would you recommend prosecuting judges that have upheld laws in the past which later ones decide are unconstitutional?
 

Eraserhead

macrumors G4
Nov 3, 2005
10,300
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UK
The constitution doesn't explicitly say anything about marriage, and it is only recently that the courts have decided it does, so would you recommend prosecuting judges that have upheld laws in the past which later ones decide are unconstitutional?
Doesn't the constitution protect "life, liberty and the pursuit of happiness"? I don't see how love and marriage aren't a key part of the pursuit of happiness.

Additionally it should also be covered by the 14th amendments equal protection clause.

Once homosexuality wasn't classed as a mental illness gay marriage should have been legal in the United States.
 

EvilQueen

macrumors 6502
Aug 15, 2013
261
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In my own world
Michigan almost....then not

So the ban on gay marriage was overturned, then a bunch of people got married, then it was appealed so there is a stay.:rolleyes:

I don't really care but my husband is all up in arms over the stay.

Wish they would just get all this over with.
 

iBlazed

macrumors 68000
Feb 27, 2014
1,593
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Why don't you care? How can you not care about the rights of your fellow citizens?

And from another angle, if you truly didn't care this thread would have never been posted. I find that most people who say "I don't care" are usually in the opponent camp.

And lastly, this update could have been posted in the existing Michigan gay marriage thread. Just sayin.
 

zioxide

macrumors 603
Dec 11, 2006
5,725
3,711
It's beyond ridiculous that these people are continuing to waste taxpayer dollars with these appeals.

SCOTUS's rulings last year made the decision that bans on gay marriage are unconstitutional. That's why now every time a state ban comes up in court, it's shot down now.

It's ridiculous and abhorrent that there are people who keep trying to appeal these decisions to try to deny people their civil rights. They should be ashamed.
 

Huntn

macrumors demi-god
May 5, 2008
17,082
16,605
The Misty Mountains
So the ban on gay marriage was overturned, then a bunch of people got married, then it was appealed so there is a stay.:rolleyes:

I don't really care but my husband is all up in arms over the stay.

Wish they would just get all this over with.
I hope your husband gets his wish that gay marriage will be reinstituted after the appeal. :)
 

EvilQueen

macrumors 6502
Aug 15, 2013
261
21
In my own world
Why don't you care? How can you not care about the rights of your fellow citizens?

And from another angle, if you truly didn't care this thread would have never been posted. I find that most people who say "I don't care" are usually in the opponent camp.

And lastly, this update could have been posted in the existing Michigan gay marriage thread. Just sayin.
I have explained that a bunch of times. A piece of paper and approval by some government body does not define the relationship between my husband and I. So I don't care if I can go get a license, I still won't.

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I hope your husband gets his wish that gay marriage will be reinstituted after the appeal. :)
Me too, but not for me. For everyone else. Personally I am tired of hearing about it.
 

Andeavor

macrumors 6502
Aug 19, 2010
294
1
I have explained that a bunch of times. A piece of paper and approval by some government body does not define the relationship between my husband and I. So I don't care if I can go get a license, I still won't.
It's much more than that. Without that piece of paper either partner can lose everything in the worst time possible. Or worse, be excluded in times of pain and heartache.

You may sneer at that but you wouldn't want a stranger tell you you have no right to your property or your children's care.
 

rdowns

macrumors Penryn
Original poster
Jul 11, 2003
27,345
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I have explained that a bunch of times. A piece of paper and approval by some government body does not define the relationship between my husband and I. So I don't care if I can go get a license, I still won't.

You may tire of hearing about it but you sure don't get it. It is hardly a piece of paper with government approval of your relationship. It has to do with rights, something like over 100 of them that straight married couples enjoy.
 

malman89

macrumors 68000
May 29, 2011
1,651
6
Michigan
And they will be ashamed when their grandchildren are ashamed of them.
Not necessarily. I'm ashamed of my old, racist Grandma*, but last I checked she was still old and racist. Those old farts are too stubborn, ignorant, and set in their ways to be ashamed. We just need them to die off.

*Note: My Grandma is a sweet old lady. A little racist too, but that's life. I was more speaking of an uncle, but old racist granny is much more amusing.
 
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EvilQueen

macrumors 6502
Aug 15, 2013
261
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In my own world
It's much more than that. Without that piece of paper either partner can lose everything in the worst time possible. Or worse, be excluded in times of pain and heartache.

You may sneer at that but you wouldn't want a stranger tell you you have no right to your property or your children's care.
In my experience, that has never been an issue. I know there are sensationalized cases on the news, but I believe in the real world it's far less of an issue.

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You may tire of hearing about it but you sure don't get it. It is hardly a piece of paper with government approval of your relationship. It has to do with rights, something like over 100 of them that straight married couples enjoy.
I get it just fine. I just don't feel the same about it as you.
 

rdowns

macrumors Penryn
Original poster
Jul 11, 2003
27,345
12,409
I get it just fine. I just don't feel the same about it as you.

When you make a statement like, "A piece of paper and approval by some government body does not define the relationship between my husband and I.", it is clear you don't get it.
 

Andeavor

macrumors 6502
Aug 19, 2010
294
1
In my experience, that has never been an issue. I know there are sensationalized cases on the news, but I believe in the real world it's far less of an issue.
I don't know what "real" world you live in but I know straight couples who had issues because they didn't sign that stupid piece of paper.
 

Meister

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Once homosexuality wasn't classed as a mental illness gay marriage should have been legal in the United States.
I dont know why same-gender marriage is always equated with homosexuality. People can get married no matter what their sexuality is. That would take those weird classifications of psychologists out of the picture.
Thats something thats more related to the culture in the united states i think.