An equal protections lawsuit that challenges Michigan’s ant-gay marriage law will move forward in the aftermath of the repeal of DOMA:
“Plaintiffs’ equal protection claim has sufficient merit to proceed.
“The United States Supreme Court’s recent decision in United States v. Windsor, No. 12-307 (U.S. Jun. 26, 2013), has provided the requisite precedential fodder for both parties to this litigation. plaintiffs are prepared to claim Windsor as their own.
“And why shouldn’t they? The Supreme Court has just invalidated a federal statute on equal protection grounds because it “place[d] same-sex couples in an unstable position of being in a second-tier marriage.” Id. slip op. at 23.
“Moreover, and of particular importance to this case, the justices expressed concern that the natural consequence of such discriminatory legislation would not only lead to the relegation of same-sex relationships to a form of second-tier status, but impair the rights of “tens of thousands of children now being raised by same-sex couples” as well. Id. This is exactly the type of harm plaintiffs seek to remedy in this case.”