Politics
Judge sets Feb. 25 trial for Michigan marriage ban
Hopes dashed for quick ruling in favor of marriage rights for gay couples

April DeBoer (on left) and Jayne Rowse speak at a rally before the Michigan court hearing on marriage equality (Washington Blade photo by Chris Johnson).
DETROIT — A federal judge on Wednesday dashed the hopes of those seeking a quick ruling in favor of marriage equality in Michigan when he instead announced he would bring the case to trial beginning Feb. 25.
Following 60 minutes of oral arguments, U.S. District Judge Bernard Friedman declared he would hold an “expedited” trial where experts could testify on whether the state has a legitimate interest to ban same-sex marriage, denying requests from both sides to grant summary judgment. The judge granted attorneys 30 days to prepare a witness list for the trial.
“What is in dispute… is whether or not there’s a legitimate state interest, and that’s a battle of the experts,” Friedman said.
The case before the court, DeBoer v. Snyder, was filed last year by April DeBoer and Jayne Rowse, a lesbian couple in Hazel Park, Mich. They initially filed their complaint to seek second-parent adoption rights for their three children, but later amended their complaint to ask the court to overturn the constitutional ban on same-sex marriage approved by voters in 2004.
Friedman announced his decision to bring the case to trial after hearing arguments both for and against lifting the marriage ban from attorneys in oral arguments. Both sides drew on the U.S. Supreme Court decision against the Defense of Marriage Act in making their case on the constitutionality of the ban on same-sex marriage. It was the first oral arguments on marriage in federal court since the Supreme Court decisions in June.
Attorney general argues on behalf of marriage ban
Representing the state during oral arguments was Assistant Attorney General Kristin Heyse, who argued the court should deny the requests of plaintiffs in the case on the basis that Michigan’s ability to make its own decisions on domestic relations is “indisputable” following the DOMA decision.
“The relief that they request in this particular case, your honor, would require this court to usurp the same sovereign authority that governs domestic relations,” Heyse said. “This the court should decline to do.”
Carole Stanyar, one of four private attorneys representing plaintiffs in the lawsuit, made use of the DOMA decision the other way during arguments by pointing the language in the decision pertaining to children, saying the children of her clients are being harmed under state law.
“I absolutely believe, your honor, that the five justices that decided on that language were looking past that case to pass the language in Windsor to our plaintiffs, our littlest plaintiffs, to these children, to the children of gay and lesbian parents all across Michigan and all across America,” Stanyar said.
Stanyar also maintained Heyse’s interpretation of the DOMA decision is incorrect because although the Supreme Court said domestic relationships are up to the states, they can’t act in a way that’s unconstitutional with regard to the people involved.
Other cases also came into play.
Heyse maintained that Baker v. Nelson, a case seeking same-sex marriage that the Supreme Court refused to hear in 1972, provided the controlling precedent in the case. At this point, Friedman interrupted her, saying “That’s about a 40 year old case! What about Lawrence?”
But Heyse maintained the issue of homosexual relations is different than the issue of marriage, which she said is still controlled by Baker.
Further, she pointed to two other recent district court decisions in Nevada and Hawaii that upheld bans on same-sex marriage as a result of the Baker decision. However, both decisions were rendered before the Supreme Court decisions in expanding marriage equality this June.
Urging the court to avoid ruling in favor of plaintiffs by applying a heightened scrutiny to Michigan’s law and marriage and adoption, Heyse said, “There is no fundamental right to same-sex marriage or adoption.”
Prefacing her arguments by saying they weren’t an attack on the gay people, Heyse said the electorate had a legitimate interest in approving a ban on same-sex marriage and proper venue for making a decision on both the marriage and adoption issue is through the legislative process, not the courts.
“The people of the state of Michigan should be allowed to decide when and if there should be a change in the law,” Heyse said. “In 2004, nearly 2.7 million voters chose to reaffirm traditional definition of marriage, which remains between one man and one woman. That was not a vote against the gay and lesbian community, but a vote to maintain the traditional definition.”
At one point during the arguments, Stanyar and Friedman had an exchange when the attorney said the court should rule for her client because social science indisputably says gay parents are just as fit to be parents as heterosexuals.
Friedman responded her couldn’t make a ruling on any one piece of social science alone because there may be other opinions, but Stanyar held firm, saying the state provided no affidavit to the contrary.
“At this stage in history, it is no longer debatable,” Stanyar said. “These things have been proven. They’ve been proven over and over and over again. They chose to proceed on summary judgment. They haven’t offered you any affidavit.”
Also urging the court to overturn the ban on same-sex marriage was Michael Pitt, an attorney representing Oakland County Clerk Lisa Brown.
Pitt maintained Brown, who filed her own a petition before the court in favor of overturning the marriage ban, would not “delay even one minute” to give marriage licenses to gay couples if the court allowed her to do so.
“The clerk knows, as we all do, that committed same-sex couples live together as a family, sometimes for decades, raise children together, provide financial stability for each other, help each other in time of illness, help each others’ family members and, at the end of life, they are there to provide comfort and say goodbye,” Pitt said. “These relationships define our personal autonomy, our liberties, and no law has ever trampled on these personal choices.”
Pro-gay lawyers see opportunity in trial
The judge’s decision to bring the case to trial is along the lines of what happened in the federal lawsuit that overturned California’s Proposition 8. When the case came before U.S. District Judge Vaughn Walker in 2010, he ordered that a trial would be held before issuing ruling against the referendum against same-sex marriage.
Dana Nessel, another attorney representing the plaintiff couple, said on the steps of the court after the arguments she’s disappointed in the delay, but will prepare witnesses as requested by the judge.
“Naturally, there’s some mild disappointment there,” Nessel said. “But we look forward to a trial and we look forward to the opportunity to present our experts in the case. Honestly, we have an overwhelming amount of evidence to present to the court to show that same-sex parents are every bit as good as opposite-sex parents. We know that to be the truth.”
Jay Kaplan, a staff attorney for the ACLU of Michigan, was present in the courtroom during the oral arguments and later told the Washington Blade the delay in a decision is “disappointing,” but a trial would be beneficial in the pursuit of marriage equality because the opposing side won’t be able to produce witnesses.
“I think what the judge is basically saying is he wants to make sure that whatever decision he renders can be backed up with strong facts, testimony and expertise,” Kaplan said. “When you look at the California case…proponents of marriage equality couldn’t find those people to back up those assertions. I think the same thing will happen in the State of Michigan. They’re not going to be able to find reputable studies with experts who can support denying gay couples the right to marry.”
Oakland County Clerk Lisa Brown was also present near the court after the hearing, saying she knows of gay couples are disappointed because they called her office asking if they could obtain marriage licenses there if the court ruled for marriage equality.
“Those rights are being violated, I think, and it’s very disappointing,” Brown said.
Asked by the Washington Blade if she would help with preparing with witness lists for the trial, Brown said she’s still surprised that Friedman made the decision take the case there.
“I think we’re all still kind of surprised that this is what the judge decided today,” Brown said. “He could have done this in the summer when we had a hearing. In all the scenarios that we imagined that would happen today, this was not one of them.”
Heyse had no comment in response to the Blade’s questions following the oral arguments and directed inquiries to the attorney general’s office. It didn’t respond to requests for comment.
Congress
Markey reintroduces International Human Rights Act in Senate
Bill would require US to promote LGBTQ, intersex rights abroad
U.S. Sen. Edward Markey (D-Mass.) on Wednesday reintroduced a bill that would require the State Department to promote LGBTQ and intersex rights abroad.
A press release the Massachusetts Democrat released notes the International Human Rights Act would “direct the State Department to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities.” The bill would also “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department; a role that has been left vacant under the Trump administration.”
Gay California Congressman Robert Garcia introduced the International Human Rights Act in the U.S. House of Representatives last month.
Markey has previously introduced the bill in the U.S. Senate. He reintroduced it on International Human Rights Day, which commemorates the U.N. General Assembly’s ratification of the Universal Declaration of Human Rights on Dec. 10, 1948.
“Today, on International Human Rights Day, we must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in the press release. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community.”
“I am proud to reintroduce the International Human Rights Defense Act and I am proud to continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights,” he added.
Mark Bromley, co-chair of the Council for Global Equality, in the press release that Markey issued said the Trump-Vance administration “is fanning the flames of authoritarianism” at “a time when LGBTQI+ people around the world are facing backlash simply for who they are or whom they love.” Bromley specifically noted the State Department “has deleted reporting on the human rights of LGBTQI+ persons — despite bipartisan reporting dating back three decades — and sought to undercut universal human rights on the world stage.”
“The International Human Rights Defense Act is a clear rebuke of this attempt to erase our lives,” said Bromley. “We are grateful for the leadership of Sen. Markey and his unwavering commitment to equality around the world.”
Congress
MTG resigns after years of anti-LGBTQ attacks amid Trump feud
Greene’s abrupt departure adds fresh uncertainty to an already fractured Republican Party.
Rep. Marjorie Taylor Greene announced on Friday that she is resigning from Congress.
In a post on X (formerly Twitter), the Georgia 14th Congressional District representative announced her sudden decision to resign from office.
The nearly 11-minute-long video shows Rep. Greene stating she will step down from her role representing one of Georgia’s most Republican districts on Jan. 5, 2026. She cited multiple reasons for this decision, most notably her very public separation from Trump.
In recent weeks, Greene — long one of the loudest and most supportive MAGA members of Congress — has butted heads with the president on a slew of topics. Most recently, she supported pushing the DOJ to release the Epstein Files, becoming one of only four Republicans to sign a discharge petition, against Trump’s wishes.
She also publicly criticized her own party during the government shutdown. Rep. Greene had oddly been supportive of Democratic initiatives to protect healthcare tax credits and subsidies that were largely cut out of national healthcare policy as a result of Trump’s “Big Beautiful Bill,” passed in July.
“What I am upset over is my party has no solution,” Greene said in October.
Trump recently said he would endorse a challenger against the congresswoman if she ran for reelection next year, and last week went as far as to declare, “Marjorie ‘Traitor’ Green is a disgrace to our GREAT REPUBLICAN PARTY!” on his Truth Social platform.
Trump told ABC News on Friday night that Greene’s resignation is “great news for the country,” and added that he has no plans to speak with Greene but wishes her well.
Despite her recent split with the head of the Republican Party, Rep. Greene has consistently taken a staunch stance against legislation supporting the LGBTQ community — notably a hardline “no” on any issue involving transgender people or their right to gender-affirming care.
Rep. Greene has long been at odds with the LGBTQ community. Within her first month in office, she criticized Democrats’ attempts to pass the Equality Act, legislation that would bar anti-LGBTQ employment discrimination. She went as far as to suggest an apocalypse-like scenario if Congress passed such a measure.
“God created us male and female,” she said on the House floor. “In his image, he created us. The Equality Act that we are to vote on this week destroys God’s creation. It also completely annihilates women’s rights and religious freedoms. It can be handled completely differently to stop discrimination without destroying women’s rights, little girls’ rights in sports, and religious freedom, violating everything we hold dear in God’s creation.”
Greene, who serves one of the nation’s most deeply red districts in northwest Georgia, attempted to pass legislation dubbed the “Protect Children’s Innocence Act,” which would have criminalized gender-affirming care for minors and restricted federal funding and education related to gender-affirming care in 2023. The bill was considered dead in January 2025 after being referred to the House Committee on the Judiciary.
Her push came despite multiple professional medical organizations, including the nation’s largest and most influential — the American Medical Association — stating that withholding gender-affirming care would do more harm than any such care would.
She has called drag performers “child predators” and described the Democratic Party as “the party of killing babies, grooming and transitioning children, and pro-pedophile politics.”
Greene has also publicly attacked Delaware Rep. Sarah McBride, the nation’s first and only transgender member of Congress. She has repeatedly misgendered and attacked McBride, saying, “He’s a man. He’s a biological male,” adding, “he’s got plenty of places he can go” when asked about bathrooms and locker rooms McBride should use. Greene has also been vocal about her support for a bathroom-usage bill targeting McBride and transgender Americans as a whole.
She has repeatedly cited false claims that transgender people are more violent than their cisgender counterparts, including falsely stating that the 2022 Robb Elementary School shooter in Texas was transgender.
The former MAGA first lady also called for an end to Pride month celebrations. She criticized the fact that the LGBTQ community gets “an entire” month while veterans get “only one day each year” in an X post, despite November being designated as National Veterans and Military Families Month.
Under Georgia law, Gov. Brian Kemp (R) must hold a special election within 40 days of the seat becoming vacant.
The Washington Blade reached out to both the White House and Greene’s office for comment, but has not heard back.
PFLAG honored U.S. Rep. Maxine Waters (D-Calif.) with the “2025 PFLAG National Champion of Justice” award during their annual “Love Takes Justice” event in Washington.
Waters has represented California’s 43rd Congressional District — including much of Los Angeles — since 1991 and has been a vocal advocate for LGBTQ rights since her swearing-in.
Her track record includes opposing the Defense of Marriage Act, which would have made marriage only between a man and a woman; co-sponsoring the Respect for Marriage Act, ultimately requiring all U.S. states to recognize same-sex marriages performed by other states; and is a long time supporter of the Equality Act, which would codify comprehensive protections for LGBTQ Americans.
In addition to her work on marriage equality, she also created the Minority AIDS Initiative to help address the devastating impact of HIV/AIDS on minority communities, particularly communities of color.
The award reception took place Tuesday at the headquarters of the American Federation of Teachers, where Waters was presented with the award by former U.S. Rep. Barney Frank (D-Mass.), the openly gay member of Congress. Frank praised Waters for her unwavering support for the LGBTQ community and her lifelong commitment to advancing equality for all.
“One of the most encouraging developments in the fight for human rights is the failure of those who traffic in any form of bigotry, including bigotry to divide the Black and LGBTQ+ communities,” said Frank, who came out in 1987 while in office. “No one deserves more recognition for strengthening our unity than Maxine Waters.”
During the reception, Waters spoke about her extensive history of LGBTQ advocacy within the halls of Congress, emphasizing that her idea of government centers around uplifting its most vulnerable and threatened communities.
“From the very beginning of my public life I’ve believed that the government must protect those that are vulnerable, including LGBTQ+ people, who have been pushed to the margins, criminalized and told that their lives and their love do not matter,” Waters said. “Discrimination has no place in our laws.”
She continued, adding that the discrimination LGBTQ people have dealt with — and continue to deal with — is unconstitutional and wrong.
“I am proud to stand with LGBTQ+ families against efforts to write discrimination into our constitution, against attempts to deny people jobs, housing, healthcare and basic dignity because of who they are or who they love,” she said.
Waters joins a slew of other LGBTQ advocates who have received this award, beginning with the late-Georgia Congressman John Lewis in 2018. Past honorees include Oakland (Calif.) Mayor Barbara Lee, who was then a member of Congress, U.S. Sen. Tammy Baldwin (D-Wis.), Frank, Colorado Gov. Jared Polis, who was then a member of Congress, and Speaker Emerita Nancy Pelosi (D-Calif.).
PFLAG CEO Brian Bond commented on the continued fight for LGBTQ rights in the U.S. as anti-transgender rhetoric and policies coming from the Trump-Vance White House grow each week.
“LGBTQ+ people and their families — and all of you here — know too well the reality of the political climate, the attitudes of the public, and the sheer lack of respect that LGBTQ+ people are experiencing in the world today. There’s no end to the hostile barrage of harmful laws, city ordinances, and regulations, especially against our trans loved ones,” Bond said. “This particular moment in history calls us to increase and fortify our work, advocating at every level of government.”
He ended with some hope — reminding the LGBTQ community they have been on the receiving end of discrimination and unjust treatment before, but have risen above and changed the laws — saying we can do it again.
“PFLAG members and supporters are uniquely suited for this moment, because we are fighting for and alongside our LGBTQ+ loved ones, we know that our love is louder … and love and liberty are inseparable,” said Bond.
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