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.”
Spain
Spanish women detail abuses suffered in Franco-era institutions
Barcelona-based photographer Luca Gaetano Pira created ‘Las Descarriadas’ exhibit

A Barcelona-based photographer, audiovisual artist, and activist has created an exhibit that profiles Spanish women who suffered abuse in institutions that Gen. Francisco Franco’s dictatorship established.
Luca Gaetano Pira, who is originally from Italy, spoke with women who the regime, which governed Spain from 1936-1975, sent to Women’s Protection Board institutions.
The regime in 1941 created the board the country’s Justice Ministry oversaw.
Franco named his wife, Carmen Polo, as the board’s honorary president. Then-Prime Minister Felipe González fully dissolved the board in 1985, a decade after Franco’s death.
Gaetano’s exhibit is called “Las Descarriadas” or “The Misguided Women” in English.
“These are women who were detained between 1941 and 1985 for reasons that are unthinkable today: being lesbian, poor, pregnant out of wedlock, rebellious, politically active … or simply considered ‘morally suspect,'” Gaetano noted to the Washington Blade.
Groups affiliated with the Spanish Catholic Church ran these institutions. Gaetano pointed out they were “presented as social assistance centers.”
“In reality, they were spaces of punishment and forced reeducation, where isolation, unpaid work, and psychological violence were the norm,” he said. “Many of the survivors are still alive. Their testimonies are powerful, urgent, and of extraordinary current relevance.”
The regime sent more than 40,000 women to Women’s Protection Board institutions.
“Despite its seemingly benevolent name, it was in fact one of the most powerful instruments of moral and social control over women during and after the dictatorship,” notes the exhibit. “Under the guise of care and re-education, this institution functioned as a repressive apparatus that punished women who deviated from the ideal feminine model imposed by Franco’s regime: submissive, obedient, married, and dedicated to motherhood within the Catholic family structure.”
The Spanish Catholic Church last month issued a public apology, but Gaetano described it as “very soft” and noted “the women did not accept it.” Gaetano also compared the Women’s Protection Board institutions to Ireland’s Magdalene Laundries.
The Associated Press notes tens of thousands of “fallen” women were sent to the laundries that Catholic nuns operated in Ireland from the 18th century until the mid-1990s. Then-Irish Prime Minister Edna Kenny in 2013 issued a formal apology for the abuses that women suffered in the laundries and announced the government would compensate them.
The Spanish government has yet to offer compensation to the women abused in Women’s Protection Board institutions.
“My work focuses on recovering the historical memory of marginalized communities, particularly through the portrayal of survivors of institutional violence and the use of archival materials,” Gaetano told the Blade, noting he has also sought to highlight the repression that LGBTQ people suffered during dictatorships in Portugal and Latin America.
Gaetano’s exhibit can be found here:
District of Columbia
Gay GOP group hosts Ernst, 3 House members — all of whom oppose Equality Act
Log Cabin, congressional guest speakers mum on June 25 event

U.S. Sen. Joni Ernst (R-Iowa) and three women Republican members of the U.S. House appeared as guest speakers at the June 25 meeting of Log Cabin Republicans of D.C., the local chapter of the national LGBTQ Republican group with that same name.
The U.S. House members who joined Ernst as guest speakers at the Log Cabin meeting were Celeste Maloy (R-Utah), Kat Cammack (R-Fla.), and Julia Letlow (R-La.).
Neither D.C. Log Cabin Republicans President Andrew Minik nor spokespersons for Ernst or the three congresswomen immediately responded to a request by the Washington Blade for comment on the GOP lawmakers’ appearance at an LGBTQ GOP group’s meeting.
“Please join us for an inspiring evening as we celebrate and recognize the bold leadership and accomplishments of Republican women in Congress,” a D.C Log Cabin announcement sent to its members states.
“This month’s meeting will highlight the efforts of the Republican Women’s Caucus and explore key issues such as the Protection of Women and Girls In Sports Act and the broader fight to preserve women’s spaces in society,” the message says.
It was referring to legislation pending in Congress calling for banning transgender women from participating in women’s sports events.
According to media reports, Ernst and the three congresswomen have expressed opposition to the Equality Act, the longstanding bill pending in Congress calling for prohibiting discrimination based on sexual orientation and gender identity in the areas of employment, housing, and public accommodations.
The Log Cabin announcement says the meeting was scheduled to take place at the Royal Sands Social Club, which is a restaurant and bar at 26 N St., S.E. in the city’s Navy Yard area.
D.C. Log Cabin member Stuart West, who attended the meeting, confirmed that Ernst and the three congresswomen showed up and spoke at the event.
“It was a good turnout,” he said. “I would definitely say probably 30 or 40 people attended.” West added, “Four women came to talk to a group of mostly gay men. That’s something you don’t see very often.”
District of Columbia
D.C. police seek public’s help in July 5 murder of trans woman
Relative disputes initial decision not to list case as hate crime

D.C. police are seeking help from the public in their investigation into the murder of a transgender woman who they say was shot to death at about 12:30 a.m. on Saturday, July 5, on the 2000 block of Benning Road, N.E.
But the police announcement of the fatal shooting and a police report obtained by the Washington Blade do not identify the victim, 28-year-old Daquane ‘Dream’ Johnson of Northeast D.C., as transgender. And the police report says the shooting is not currently listed as a suspected hate crime.
It was local transgender activists and one of Johnson’s family members, her aunt, who confirmed she was transgender and said information they obtained indicates the killing could have been a hate crime.
“On Saturday, July 5, at approximately 12:51 a.m., Sixth District officers were flagged down in the 2000 block of Benning Road, Northeast, for an unconscious female,” a July 5 D.C. police statement says. “Upon arrival, officers located an adult female victim suffering from gunshot wounds,” it says.
“D.C. Fire and EMS responded to the scene and transported the victim to a local hospital where after all lifesaving efforts failed and the victim was pronounced dead,” the statement says.
A separate police flyer with a photo of Johnson announces an award of $25,000 was being offered for information leading to the arrest and conviction of the person or persons responsible for the murder.
The flyer identifies D.C. police Homicide Detective Natasha Kennedy as being the lead investigator in the case and says anyone with information about the case should contact her at 202-380-6198.
Longtime D.C. transgender rights advocate Earline Budd told the Blade that one of the police investigators contacted her about the case and that she also spoke to Detective Kennedy. Budd said police confirmed to her that Johnson was a transgender woman.

One of Johnson’s family members, Vanna Terrell, who identified herself as Johnson’s aunt, told the Blade that Johnson used the first name of Dream and had planned to legally adopt that name instead of Daquane but had not gotten around to doing so.
Terrell said she and other family members learned more about the incident when one of two teenage high school students who knew Johnson’s brother contacted a friend and told the friend that they recognized Johnson as they witnessed the shooting. Terrell said the friend then called her to tell her what the friend learned from the two witnesses.
According to Terrell, the witnesses reportedly saw three men approach Johnson as Johnson walked along Benning Road and one of them called Johnson a derogatory name, leading Terrell to believe the men recognized Johnson as a transgender woman.
Terrell said one of the witnesses told the friend, who spoke to Terrell, that the man who shot Johnson kept shooting her until all of the bullets were fired. Budd, who said she spoke to Terrell, who also told her what the witnesses reported, said she believed the multiple shots fired by the shooter was an “overkill” that appears to have been a hate crime. Terrell said she too believes the murder was a hate crime.
In response to an inquiry from the Blade, Officer Ebony Major, a D.C. police spokesperson, stated in an email, “At this point there is nothing in the investigation that indicates the offense was motivated by hate or bias.”
Terrell said a memorial gathering to honor Johnson’s life was scheduled to be held Saturday, July 12, at River Terrace Park, which is located at 500 36th St., N.E. not far from where the shooting occurred.

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