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.”
District of Columbia
Mayor Bowser signs bill requiring insurers to cover PrEP
‘This is a win in the fight against HIV/AIDS’
D.C. Mayor Muriel Bowser on March 20 signed a bill approved by the D.C. Council that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.
Like all legislation approved by the Council and signed by the mayor, the bill, called the PrEP D.C. Amendment Act, was sent to Capitol Hill for a required 30-day congressional review period before it takes effect as D.C. law.
Gay D.C. Council member Zachary Parker (D-Ward 5) last year introduced the bill.
Insurance coverage for PrEP drugs has been provided through coverage standards included in the Affordable Care Act, known as Obamacare. But AIDS advocacy organizations have called on states and D.C. to pass their own legislation requiring insurance coverage of PrEP as a safeguard in case federal policies are weakened or removed by the Trump administration, which has already reduced federal funding for HIV/AIDS-related programs.
Like legislation passed by other states, the PrEP D.C. Amendment Act requires insurers to cover all PrEP drugs approved by the U.S. Food and Drug Administration.
Studies have shown that PrEP drugs, which can be taken as pills or by injection just twice a year, are highly effective in preventing HIV infection.
“I think this is a win for our community,” Parker said after the D.C. Council voted unanimously to approve the bill on its first vote on the measure in February. “And this is a win in the fight against HIV/AIDS.”
Vice President JD Vance and his wife, second lady Usha Vance, will visit Hungary next week.
An announcement the White House released on Thursday said the Vances will be in Budapest, the Hungarian capital, from April 7-8.
JD Vance “will hold bilateral meetings with” Hungarian Prime Minister Viktor Orbán. The announcement further indicates the vice president “will also deliver remarks on the rich partnership between the United States and Hungary.”
The Vances will travel to Hungary less than a week before the country’s parliamentary elections take place on April 12.
Orbán, who has been in office since 2010, and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.
The Associated Press notes polls indicate Orbán is trailing Péter Magyar and his center-right Tisza party.
President Donald Trump removed Attorney General Pam Bondi from her post Thursday, following growing criticism over how she and the Department of Justice handled a range of issues, including matters related to sex offender and Trump ally Jeffrey Epstein.
Trump announced Bondi’s removal on Truth Social, where he also said Todd Blanche will serve as acting head of the Justice Department.
“Pam Bondi is a great American patriot and a loyal friend, who faithfully served as my attorney general over the past year,” Trump wrote on the platform. “Pam did a tremendous job overseeing a massive crackdown on crime across our country, with murders plummeting to their lowest level since 1900.”
Trump was seen as recently as Wednesday with the now-former attorney general at a Supreme Court hearing on citizenship.
The decision contrasts with Trump’s previous public praise of Bondi, the 87th U.S. attorney general and former 37th attorney general of Florida, who served in that role from 2011-2019 before joining the Trump-Vance administration. He has frequently lauded her loyalty and said he speaks with her often. Bondi was also one of president’s defense lawyers during his first impeachment trial.
Privately, however, Trump had grown frustrated that Bondi was not “moving quickly enough” to prosecute critics and political adversaries he wanted to face criminal charges, according to multiple sources. The New York Times reported that her inability to charge former FBI Director James B. Comey and New York Attorney General Letitia James with any crimes is a large factor in the president’s choice to fire her from the government’s primary law enforcement agency.
The move comes as Trump has sought to minimize public turmoil within his administration, avoiding the perception of a revolving-door Cabinet that defined his first term.
Lee Zeldin, a former Republican congressman from New York who unsuccessfully ran for governor, has emerged as a leading contender to lead the Justice Department. He has been one of Trump’s most reliable allies.
“He’s our secret weapon,” Trump said of Zeldin in February during a White House event promoting the coal industry, adding, “He’s getting those approvals done in record-setting time.”
Bondi has also growing faced scrutiny from Congress.
The House Oversight Committee recently subpoenaed her to testify about the department’s handling of certain files, where she declined to answer key questions during a contentious House Judiciary Committee hearing in February.
The Tampa native has a long history of opposing LGBTQ rights through her roles in government. As Florida attorney general, she fought against the legalization of same-sex marriage, arguing it would cause “serious public harm,” pushing forward a legal battle that cost taxpayers nearly half a million dollars. She also asked the Florida Supreme Court to overturn a lower court ruling that found the state’s same-sex marriage ban unconstitutional.
More recently, Bondi established a “Title IX Special Investigations Team” within the Justice Department focused on restricting transgender women and girls from participating in women’s and girls’ sports teams and accessing facilities aligned with their gender identity. She also told Children’s Hospital of Philadelphia to turn over the medical records of anyone under 19 who received gender-affirming care.
Her removal follows Trump’s decision last month to oust another controversial female Cabinet figure, Kristi Noem.
