Equality On Trial

Michigan couple challenges state’s marriage equality ban in federal court

September 10, 2012

DeBoer Marriage Equality Trials

By Scottie Thomaston

A lesbian couple in Michigan in the middle of a federal case related to the state’s anti-gay adoption law was encouraged to amend their lawsuit to take on the state’s anti-marriage ban. In Michigan, there is a constitutional amendment which bans marriage equality. A George W. Bush-appointed federal judge encouraged the couple to take on the ban.

The couple has decided to amend the lawsuit and challenge the amendment:

The Detroit News illuminates the legal strategy plaintiff’s counsel are pursuing:

DeBoer and Rowse argue the state’s marriage amendment violates the equal protection and due process clauses of the U.S. Constitution.

The law, they say, excludes them from benefits and protections such as “support for family finances, and other public and private safety nets.”

Further, they say it’s unconstitutional to deny same-sex couples the right to be married and that children of such couples should be allowed all of the protections and benefits — such as health care coverage — of heterosexual couples.

The women are asking the federal judge to stop Schuette and Snyder from “attempting to block same-sex couples’, including the adult plaintiffs’, attempts at securing a marriage license in any county of Michigan.”

Sara Wurfel, a spokeswoman for Snyder, said Friday the proper venue to challenge the marriage statute may be through the constitutional amendment process.

“The Michigan marriage amendment was a vote of the people adopted eight years ago,” she said.

Prop 8 Trial Tracker will continue to follow the developments in this new federal case, as well as those in Nevada’s federal marriage equality trial.

The case is DeBoer v. Snyder.

h/t Kathleen for these filings

Motion for leave to file amended complaint, with amended complaint attached as Exhibit A:2:12-cv-10285 #33

Amended Exhibit A (both of these appear to be the same):2:12-cv-10285 #34

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