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March 21, 2014, 05:38 pm
Michigan gay marriage ban overturned
By Rebecca Shabad
A federal judge on Friday struck down Michigan’s 2004 ban on same-sex marriage.
U.S. District Judge Bernard Friedman ruled that the state’s ban was unconstitutional, making Michigan the 18th state to legalize gay marriage. It is also legal in the District of Columbia.
The Detroit Free Press uploaded the ruling.
“After reviewing the evidence presented at the trial, including the testimony of various expert witnesses, the exhibits, and stipulations, and after considering all of the legal issues involved, the Court concludes that the Michigan Marriage Amendment is unconstitutional and will enjoin its enforcement," the judge concluded.
More than half of voters approved the Michigan Marriage Amendment in a referendum in 2004, which said the state couldn't recognize or perform both same-sex marriages and civil unions.
According to the Detroit Free Press, Michigan Attorney General Bill Schuette filed an emergency request for a stay of the ruling on Friday.
Rep. Dan Kildee (D-Mich.) said in a statement he was “overjoyed” that the state lifted the “discriminatory ban.”
“It’s my sincere hope that Gov. Rick Snyder and Attorney General Bill Schuette will respect the ruling of the federal court today and stop wasting taxpayer dollars in defending such a blatant, discriminatory ban,” he said.
Since December, The Associated Press notes that bans on gay marriage have been overturned in Oklahoma, Texas, Utah and Virginia.
What I find most interesting on this ruling is that Judge Friedman is a former military JAG officer- was appointed to the bench by Ronald Reagan- is considered conservative from several of his rulings- and was the Chief Judge for the Eastern District of Michigan until taking Senior status... A highly thought of Jurist...
It will be interesting to see if the SCOTUS (which has agreed to hear the issue this year) just lets each state make its own ruling (highly doubtful) or it overturns all anti gay marriage/union laws and just like Roe vs Wade lays out a set of guidelines limiting what states can and/or cannot do...