Tag: Michigan

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Michigan: State’s Lawyers Move To Invalidate Over 300 Same-Sex Marriages

Attorneys for the state of Michigan argued on Friday that a federal appeals court ruling last week that upheld the state’s ban on same-sex marriage invalidates the unions of 300 same-sex couples who were married earlier this year.

The couples received marriage licenses in March when U.S. District Judge Bernard Friedman first struck down the ban, and before the ruling was stayed.

On November 6, the U.S. Court of Appeals for the Sixth Circuit upheld Michigan’s same-sex marriage ban, and similar bans in three other states. The plaintiffs in those cases are filing appeals with the US Supreme Court.

From the state’s six page brief:

“Consequently, from a legal standpoint, because the marriages rested solely on the district court’s erroneous decision, which has now been reversed, it is as if the marriages never existed, and Plaintiffs’ requests for benefits attendant to a legal marriage must be denied.”

The federal government has announced the marriages will be recognized for the purposes of social security, immigration status and other benefits.

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News Round-up: November 12, 2014

Zachary Quinto

Stories you might have missed:

• OUT100 cover guy Zachary Quinto calls the LGBT community “complacent” in the new millennia of AIDS

• Texas state Sen. Donna Campbell looks to pass a constitutional “license to discriminate” against the gays

• A federal judge has ruled Michigan cannot ban benefits for same-sex couples, even if they aren’t allowed to marry

• Sting’s new Broadway musical, The Last Ship, opened to mixed reviews from the critics, so now the music legend may join the cast of the show to save the sinking “ship”

• Bravo Network’s Andy Cohen doesn’t read the gay blogosphere because he KNOWS what names he gets called there

Andy Cohen

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Plaintiffs In 6th Circuit Court Marriage Ban Ruling Look To SCOTUS

According to Buzzfeed’s Chris Geidner, all sets of plaintiffs from yesterday’s 6th Circuit ruling upholding bans on same-sex marriage have conferenced and the decision is to unanimously head to the US Supreme Court.

Abby Rubenfeld, the lead lawyer for the Tennessee plaintiffs, updated BuzzFeed News about Friday’s call with the counsel from all four states.

“We just had a conference call with the attorneys from all four Sixth Circuit states on the marriage cases. We were all in agreement to apply for certiorari at the supreme court, and not to first seek en banc review in the Sixth Circuit,” she explained. “Given the significance of the issue, the reality that it will end up in the Supreme Court ultimately, and the harms that all of our clients are suffering each day that their marriages are not recognized, we want to get to the Supreme Court sooner rather than later.”

“We hope to file within two weeks, and hopefully sooner, so that we can still be on the docket for this term—which means resolution by june 30, 2015,” she added.

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Sixth Circuit Court of Appeals Upholds Same-Sex Marriage Bans In Michigan, Kentucky, Ohio, Tennessee

The U.S. Court of Appeals for the Sixth Circuit has just issued a ruling upholding the bans on same-sex marriage in Michigan, Kentucky, Ohio, and Tennessee.

The oral arguments, held on August 6th, looked as if this might be the case. The ruling comes as a split 2-1 decision, with Circuit Judge Jeffrey Sutton writing the majority opinion. Sutton was widely viewed as the “swing vote” among the three judges who heard oral arguments.

The 4th, 7th, 9th and 10th Circuit Courts of Appeal have all ruled that bans on same-sex marriage are unconstitutional.

The US Supreme Court recently declined requests for appeal from Oklahoma, Utah and Virginia. Justice Ginsburg later said that since all federal appellate courts were in agreement, there was no pressing need for SCOTUS review. The ruling today makes it much more urgent for SCOTUS to weigh in now that the 6th Circuit becomes the first federal appellate court to disagree with prior appeals court rulings.

At present, 33 states plus the District of Columbia have marriage equality.

More soon. Read the ruling below:

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Marriage equality arguments end in 6th Circuit Court of Appeals

The big day for marriage equality in the 6th Circuit Court of Appeals has ended.

Six cases from four states looking for marriage equality – Michigan, Tennessee, Kentucky, and Ohio.

Freedom To Marry has posted the oral arguments from all of the cases. If you’ve never listened to lawyers present their cases and answer questions by the judges, it can be pretty fascinating. Plus, you might get a sense of which side the rulings will come down on. Although, law experts always make a point of saying you can’t really tell what the ruling will be based on the questions the judges ask. Sometimes, they are just playing “devil’s advocate” to see where it takes them.

Chris Geidner, legal editor for Buzzfeed, seemed to think Judge Daughtrey seemed most sympathetic to the good guys; Judge Cook, who apparently spoke the least seemed to favor the bad guys; and so it will most probably fall on Judge Sutton, who was not an easy read.

Chris Johnson of the Washington Blade wrote:

Based on their line of questioning, two judges — U.S. Circuit Judge Martha Craig Daughtry and U.S. Circuit Judge Jeffrey Sutton — seemed prepared to rule against bans on same-sex marriage. U.S. Circuit Judge Deborah Cook was relatively quiet, but appeared poised to rule in favor of the laws. Similar to other federal appeals court rulings, the panel seemed headed to make a 2-1 decision in favor of marriage equality.

Listen to the oral arguments below and see what you think:

Michigan: DeBoer v. Snyder

Tennessee:Tanco v. Haslam

Kentucky: Bourke v. Beshear and Love v. Beshear

Ohio: Obergefell v. Wymyslo and Henry v. Himes

And now, we wait. Experts say it could take several weeks to get the rulings.

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Sixth Circuit Court to hear six marriage equality cases from four states today

The 6th Circuit Court of Appeals will hear 6 gay marriage cases whose outcome could affect the laws in Ohio, Kentucky, Tennessee, and Michigan.

The Kentucky and Michigan cases involve the right to marry, while the Ohio and Tennessee cases focus on the recognition of same-sex marriages from other states.

Check back here throughout the day for updates as the cases are presented.

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Michigan: Legislation introduced to ban “ex-gay” therapy for minors

Michigan Democrat Rep. Adam Zemke has introduced legislation which would ban gay conversion therapy for minors in the state.

From MLive.com:

House Bill 5703 would amend Michigan’s mental health code to prohibit health professionals from attempting to change the sexual orientation of anyone under 18 years old.

“The evidence shows you cannot change sexual orientation, so the legislation was kind of a no-brainer,” Zemke said. “We want to make sure children cannot be exposed to situations that are emotionally harmful to them because of their parents’ beliefs or desires to try to change their orientation.”

In 2009, the American Psychological Association said that attempts to change sexual orientation are ineffective and can have harmful side effects including depression, suicidal thoughts and anxiety.

Currently, California and New Jersey have laws on the books outlawing gay conversion therapy for minors.

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Home of openly gay teen in Michigan targeted for vandalism

A openly gay 16 year old student has become the target of vandalism to his home in Vienna Township, Michigan.

From NBC25:

The parents and the young man are speaking out tonight—saying they will not suffer in silence.

“Over here you can see the red and black paint from the arrow,” says Melanie Peabody while pointing out the damage to her home.

She and her husband tried to wipe away the graffiti but the traces are still there.

“I’m mad. My son’s not safe,” says Peabody.

A homosexual slur was spray-painted on her Vienna Township home with an arrow pointing to her 16 year old son’s bedroom.

“It does hurt,” says Levi Peabody who attends Clio High School. “As much as I don’t want to admit it, it does hurt that someone would dislike me that much to do something to my window,” adds the high school sophomore.

The Peabodys believe classmates of Levi are behind the act.

“I want the kid that did this to get caught,” says Levi’s mother.

The Peabodys have even installed a security camera in their bedrooms to try and catch the culprits but more importantly to let people know, they will not stand for this.

(via Towleroad)

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Michigan Governor Rick Snyder says same-sex marriages will not be recognized

Gov. Rick Snyder says Michigan won’t recognize more than 300 same-sex marriages performed last weekend.

The marriages were performed Saturday before a federal appeals court suspended a decision that overturned the state’s ban on gay marriage.

Snyder’s announcement Wednesday closes the door to certain benefits granted to Michigan married couples. The move comes a day after an appeals court indefinitely stopped any additional same-sex marriages.

Snyder says the marriages were legal at the time but the stay means the ban now is back in effect.

The court is reviewing a decision by Detroit federal Judge Bernard Friedman, who struck down a 2004 constitutional amendment that says marriage is between a man and a woman.

The appeals process will take months to work it’s way through the court system.

(source)