News
Court strikes down Michigan marriage ban
Judge delivers ruling following two-week trial on prohibition of gay nuptials

April DeBoer (on left) and Jayne Rowse filed the lawsuit against Michigan’s ban on same-sex marriage (Washington Blade file photo by Chris Johnson).
A federal court in Michigan made the latest in a series of rulings in favor of marriage equality by striking down the Wolverine State’s constitutional ban on same-sex marriage.
In a 31-page ruling, U.S. District Judge Bernard Friedman, a Reagan appointee, ruled on Friday the state’s prohibition on gay nuptials violated the equal protection clause under the Fourteenth Amendment of the U.S. Constitution.
“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 MMA is unconstitutional and will enjoin its enforcement,” Friedman writes.
Michigan’s ban on same-sex marriage, known as Michigan Proposal 04-2, was approved as part of the state constitution by 59 percent of Michigan voters in 2004.
Friedman devotes a considerable portion of his decision to the ban’s impact on same-sex couples and the children they raise, drawing on language used by U.S. Associate Justice Anthony Kennedy in his ruling against the Defense of Marriage Act.
“In attempting to define this case as a challenge to ‘the will of the people,’ state defendants lost sight of what this case is truly about: people,” Friedman writes. “No court record of this proceeding could ever fully convey the personal sacrifice of these two plaintiffs who seek to ensure that the state may no longer impair the rights of their children and the thousands of others now being raised by same-sex couples.”
Nowhere does the ruling mention a stay on the decision. Rana Elmire, a spokesperson for the ACLU of Michigan, said her organization believes same-sex couples can marry immediately in the state.
Although Elmire initially said clerks’ offices are reopening to marry couples in the wake of the ruling, the ACLU of Michigan later tweeted that it can’t confirm reports that clerks offices are re-opening
Two of the clerk’s offices for the more populous counties in Michigan — Washtenaw and Oakland — were already closed when the ruling was handed down and had no one answering calls when the Blade contacted them to see if they would reopen. Ingham County Clerk Barb Byrum, was present when the ruling was handed down, but said her office would remain closed until Monday at 8 am.
But according to a tweet from Gongwer News Service, the Washtenaw County clerk’s office will be open at 9 am on Saturday to distribute marriage licenses.
Washtenaw County Clerk to open between 9 a.m. and 1 p.m. Saturday to offer marriage licenses in wake of #gaymarriage ruling.
— Gongwer News Service (@GongwerMichigan) March 22, 2014
Shannon Minter, legal director for the National Center for Lesbian Rights, also said he believes same-sex couples can marry at once in Michigan — as long as clerk’s offices are open.
“I am not sure if any city halls or clerk’s offices are open over the weekend, but if so, then marriages could take place immediately,” Minter said.
Michigan has a three-day waiting period after obtaining a license and being able to wed, but that waiting period can be waived for an additional fee that varies between county to county.
Now that the district has ruled against the state’s ban on same-sex marriage, state officials — Michigan Gov. Rick Snyder and Attorney General Bill Schuette, who have been defending the law in court — have the option to appeal to the decision to the U.S. Sixth Circuit Court of Appeals.
Immediately after the ruling, Schuette filed a notice of appeal with the court, saying he and Snyder “hereby appeal” the case to the appellate court. All four states within the Sixth Circuit — Michigan, Tennessee, Ohio and Kentucky — now have marriage equality cases before the appeals court.
Schuette said in a statement after the ruling that he has filed an emergency request for a stay and an appeal of the decision. Both were filed before the Sixth Circuit late Friday.
“In 2004 the citizens of Michigan recognized that diversity in parenting is best for kids and families because moms and dads are not interchangeable,” Schuette said. “Michigan voters enshrined that decision in our State constitution, and their will should stand and be respected. I will continue to carry out my duty to protect and defend the Constitution.”
The ruling is the latest in a string of decisions from federal courts against bans on same-sex marriage in states such as Utah, Oklahoma, Virginia and Texas following the U.S. Supreme Court’s decision against the Defense of Marriage Act. According to Lambda Legal, the decision is the 14th decision in a row from a court striking down a state ban on same-sex marriage after the DOMA decision.
But the decision in Michigan case is the first of the post-DOMA decisions handed down after a trial.
For two weeks, Friedman heard testimony from trial from various witnesses on the constitutionality of Michigan’s ban on same-sex marriage. Among the witnesses the state presented was Mark Regenrus, the author of a widely discredited study denigrating parenting by same-sex couples.
As Think Progress notes, on the witness stand, Regnerus admitted on the witness that he doesn’t know whether excluding same-sex couples from marriage has any impact on the children they raise.
Friedman criticizes the testimony from Regnerus during the trial, saying the court finds his study “entirely unbelievable and not worthy of serious consideration.”
“Whatever Regnerus may have found in this ‘study,’ he certainly cannot purport to have undertaken a scholarly research effort to compare the outcomes of children raised by same-sex couples with those of children raised by heterosexual couples,” Friedman writes. “It is no wonder that the NFSS has been widely and severely criticized by other scholars, and that Regnerus’s own sociology department at the University of Texas has distanced itself from the NFSS in particular and Dr. Regnerus’s views in general and reaffirmed the aforementioned APA position statement.”
The case, DeBoer v. Snyder, was filed by private attorneys in January 2012 on behalf of April DeBoer and Jayne Rowse, a lesbian couple in Hazel Park, Mich., who were seeking the ability to jointly adopt their three children. The couple amended their case early last year to seek marriage equality in Michigan, while still pursuing their goal of adoption rights.
As recorded by local TV affiliate WXYZ, DeBoer and Rowze embraced each other and their children with joy after one of their attorneys, Dana Nessel, read aloud the ruling to them.
LGBT advocates praised Friedman for striking down the ban on same-sex marriage and said it’s evidence a nationwide ruling in favor of marriage equality is within reach.
Jay Kaplan, a staff attorney for the ACLU of Michigan, said the lawsuit at its core was about “protecting Michigan families.”
“We are thrilled that the court found that there is no reason to deny loving, committed same-sex couples and their families the protections that come with marriage,” Kaplan said. “By doing so, the court has underscored the American value that freedom is for everyone.”
Evan Wolfson, president of Freedom to Marry, said the win for same-sex couples in Michigan comes after opponents couldn’t identify a single reason why they shouldn’t be able to marry.
“Today’s win comes after a full trial — complete with prosecutors and defendants, witness cross-examinations, and testimony from family experts on the well-being of children — which showed that opponents have nothing more than the same bogus claims they have recycled for decades,” Wolfson said. “They were simply unable to provide a single legitimate reason why committed same-sex couples should be excluded from marriage. Michigan, like all of America, is ready for the freedom to marry.”
The White House
‘Trump Rx’ plan includes sharp cuts to HIV drug prices
President made announcement on Friday
President Donald Trump met with leaders from some of the world’s largest pharmaceutical companies at the White House on Friday to announce his new “Trump Rx” plan and outline efforts to reduce medication costs for Americans.
During the roughly 47-minute meeting in the Roosevelt Room, Trump detailed his administration’s efforts to cut prescription drug prices and make medications more affordable for U.S. patients.
“Starting next year, American drug prices will come down fast, furious, and will soon be among the lowest in the developed world,” Trump said during the meeting. “For decades, Americans have been forced to pay the highest prices in the world for prescription drugs by far … We will get the lowest price of anyone in the world.”
Trump signed an executive order in May directing his administration “to do everything in its power to slash prescription drug prices for Americans while getting other countries to pay more.”
“This represents the greatest victory for patient affordability in the history of American health care, by far, and every single American will benefit,” he added.
Several pharmaceutical executives stood behind the president during the announcement, including Sanofi CEO Paul Hudson, Novartis CEO Vas Narasimhan, Genentech CEO Ashley Magargee, Boehringer Ingelheim (USA) CEO Jean-Michel Boers, Gilead Sciences CEO Dan O’Day, Bristol Myers Squibb General Counsel Cari Gallman, GSK CEO Emma Walmsley, Merck CEO Robert Davis, and Amgen Executive Vice President Peter Griffith.
Also in attendance were Health and Human Services Secretary Robert F. Kennedy Jr., Commerce Secretary Howard Lutnick, Centers for Medicare and Medicaid Services Administrator Mehmet Oz, and Food and Drug Administration Commissioner Marty Makary.
Under the Trump Rx plan, the administration outlined a series of proposed drug price changes across multiple companies and therapeutic areas. Among them were reductions for Amgen’s cholesterol-lowering drug repatha from $573 to $239; Bristol Myers Squibb’s HIV medication reyataz from $1,449 to $217; Boehringer Ingelheim’s type 2 diabetes medication jentadueto from $525 to $55; Genentech’s flu medication xofluza from $168 to $50; and Gilead Sciences’ hepatitis C medication epclusa from $24,920 to $2,425.
Additional reductions included several GSK inhalers — such as the asthma inhaler advair diskus 500/50, from $265 to $89 — Merck’s diabetes medication januvia from $330 to $100, Novartis’ multiple sclerosis medication mayzent from $9,987 to $1,137, and Sanofi’s blood thinner plavix from $756 to $16. Sanofi insulin products would also be capped at $35 per month’s supply.
These prices, however, would only be available to patients who purchase medications directly through TrumpRx. According to the program’s website, TrumpRx “connects patients directly with the best prices, increasing transparency, and cutting out costly third-party markups.”
Kennedy spoke after Trump, thanking the president for efforts to lower pharmaceutical costs in the U.S., where evidence has shown that drug prices — including both brand-name and generic medications — are nearly 2.78 times higher than prices in comparable countries. According to the Pharmaceutical Research and Manufacturers of America, roughly half of every dollar spent on brand-name drugs goes to entities that play no role in their research, development, or manufacturing.
“This is affordability in action,” Kennedy said. “We are reversing that trend and making sure that Americans can afford to get the life-saving solutions.”
Gilead CEO Dan O’Day also spoke about how the restructuring of drug costs under TrumpRx, combined with emerging technologies, could help reduce HIV transmission — a virus that, if untreated, can progress to AIDS. The LGBTQ community remains disproportionately affected by HIV.
“Thank you, Mr. President — you and the administration,” O’Day said. “I think this objective of achieving the commitment to affordability and future innovation is extraordinary … We just recently launched a new medicine that’s only given twice a year to prevent HIV, and we’re working with Secretary Kennedy and his entire team, as well as the State Department, as a part of your strategy to support ending the epidemic during your term.
“I’ve never been more optimistic about the innovation that exists across these companies and the impact this could have on America’s health and economy,” he added.
Trump interjected, asking, “And that’s working well with HIV?”
“Yes,” O’Day replied.
“It’s a big event,” Trump said.
“It literally prevents HIV almost 100 percent given twice a year,” O’Day responded.
A similar anti-HIV medication is currently prescribed more than injectable form mentioned by O’Day. PrEP, is a medication regimen proven to significantly reduce HIV infection rates for people at high risk. Without insurance, brand-name Truvada can cost roughly $2,000 per month, while a generic version costs about $60 per month.
Even when medication prices are reduced, PrEP access carries additional costs, including clinic and laboratory fees, office visits, required HIV and sexually transmitted infection testing, adherence services and counseling, and outreach to potentially eligible patients and providers.
According to a 2022 study, the annual total cost per person for PrEP — including medication and required clinical and laboratory monitoring — is approximately $12,000 to $13,000 per year.
The TrumpRx federal platform website is now live at TrumpRx.gov, but the program is not slated to begin offering reduced drug prices until January.
Rehoboth Beach
Rehoboth’s Blue Moon is for sale but owners aim to keep it in gay-friendly hands
$4.5 million listing includes real estate; business sold separately
Gay gasps could be heard around the DMV earlier this week when a real estate listing for Rehoboth Beach’s iconic Blue Moon bar and restaurant hit social media.
Take a breath. The Moon is for sale but the longtime owners are not in a hurry and are committed to preserving its legacy as a gay-friendly space.
“We had no idea the interest this would create,” Tim Ragan, one of the owners, told the Blade this week. “I guess I was a little naive about that.”
Ragan explained that he and longtime partner Randy Haney are separating the real estate from the business. The two buildings associated with the sale are listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They are listed for $4.5 million.
The bar and restaurant business is being sold separately; the price has not been publicly disclosed.
But Ragan, who has owned the Moon for 20 years, told the Blade nothing is imminent and that the Moon remains open through the holidays and is scheduled to reopen for the 2026 season on Feb. 10. He has already scheduled some 2026 entertainment.
“It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” Ragan said, noting that he turns 70 next year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.”
He said there have been many inquiries and they’ve considered some offers but nothing is firm yet.
Given the Moon’s pioneering role in queering Rehoboth Beach since its debut 44 years ago in 1981, many LGBTQ visitors and residents are concerned about losing such an iconic queer space to redevelopment or chain ownership.
“That’s the No. 1 consideration,” Ragan said, “preserving a commitment to the gay community and honoring its history. The legacy needs to continue.” He added that they are not inclined to sell to one of the local restaurant chains.
You can view the real estate listing here.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.
Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind.
Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.
Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris.
Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.
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