News

Appeals court halts Michigan same-sex marriages

In a 2-1 decision, judges rule they must follow guidance on Utah gay nuptials

Published

12 years ago

March 25, 2014

Chris Johnson

Regnerus, gay juror, National LGBT Bar Association, Gay News, Washington Blade

The Sixth Circuit has stayed same-sex marriages in Michigan pending appeal (Image courtesy Wikimedia Commons).

The U.S. Sixth Circuit Court of Appeals announced late Tuesday it has placed a hold on same-sex marriages in Michigan pending appeal — dashing the hopes of those who wanted the weddings to continue as litigation moved forward.

In a 2-1 decision, the majority ruled it must place a stay on ruling from U.S. District Judge Bernard Friedman striking down Michigan’s ban on same-sex marriage in case of DeBoer v. Snyder to conform to an earlier stay decision by the U.S. Supreme Court.

“There is no apparent basis to distinguish this case or to balance the equities any differently than the Supreme Court did in Kitchen,” the majority writes. “Furthermore, several district courts that have struck down laws prohibiting same-sex marriage similar to the Michigan amendment at issue here have also granted requests for stays made by state defendants.”

The U.S. Supreme Court had issued a stay on same-sex marriages in Utah pending the outcome of litigation, Kitchen v. Herbert, after a district judge struck down the state’s marriage ban and the Utah Gov. Gary Herbert sought to halt the weddings by filing a stay request.

The two judges in the majority for the stay decision were U.S. District Judge Karen Caldwell, sitting by designation on the appeals court, and U.S. Circuit Judge John Rogers. U.S. Circuit Judge Helene White was sole dissent in the stay decision. Each of the judges were appointed and confirmed by former President George W. Bush during his administration.

In her dissent, White writes the stay in the Utah case isn’t controlling for the Michigan marriages and says the state didn’t make a sufficient argument that it would succeed in the case on appeal.

“Michigan has not made the requisite showing,” White writes. “Although the Supreme Court stayed the permanent injunction issued by the Utah District Court in Kitchen v. Herbert pending final disposition by the Tenth Circuit, it did so without a statement of reasons, and therefore the order provides little guidance. I would therefore apply the traditional four-factor test, which leads me to conclude that a stay is not warranted.”

Although Friedman didn’t include a stay as part of his ruling, the Sixth Circuit instituted a temporary stay on the weddings after an estimated 315 marriage licenses were distributed to same-sex couples in Ingham, Washtenaw, Muskegon and Oakland counties.

Legal experts who spoke with the Washington Blade over the weekend say they didn’t think the Sixth Circuit needed to place a stay on Michigan same-sex marriages because the Supreme Court’s stay on same-sex marriages in Utah wasn’t controlling and numerous courts have ruled in favor of marriage equality since the stay decision in that case.

In a filing before the Sixth Circuit on Tuesday, attorneys for the plaintiff same-sex couples in the case, April DeBoer and Jane Rowse, made similar arguments to make the case that the court should allow the same-sex weddings to continue pending the outcome of the litigation.

“Permitting loving same-sex couples to marry pending the outcome of this appeal will not harm the state in any way; permitting the children of loving same-sex couples to have two legally recognized parents will not harm the state in any way; permitting the children of loving same-sex couples to have two legally recognized parents will better protect these children and will keep the state from continuing to ‘impair the rights of’ these children,'” the attorneys write.

Attorneys for Oakland County Clerk Lisa Brown, who assisted as a defendant in litigation against Michigan’s same-sex marriage ban, argued in a separate filing the court should reject a stay because it would harm same-sex couples living in the state.

“Couples and their families who want the legal protection and recognition of marriage will experience real harm if a stay is granted by this Court,” the attorneys write. “Defendant Brown will be forced to discriminate against couples and their families if a stay is granted. The State risks losing residents who can no longer live in a State that treats them and their families like second class citizens. They can no longer stay in a State that leaves them and their children legally vulnerable.”

But Michigan Attorney General Bill Schuette, who’s been defending Michigan’s ban on same-sex marriage, argued before the Sixth Circuit that the court must followed precedent by the Supreme Court, noting other federal judges instituted stays when striking down bans on same-sex marriage.

“As to the merits of the stay itself, none of the plaintiffs’ arguments overcome a simple fact: the Supreme Court has already addressed precisely this situation — a federal district court striking down a state marriage amendment — and concluded that a stay pending appeal was necessary,” Schuette writes.

In the event that the Sixth Circuit denied the stay pending appeal, Schuette requested a two-day temporary stay from the court so it could seek a stay from Supreme Court without same-sex marriages taking place in Michigan.

Plaintiffs in the case charged the state never formally asked for a stay from the district court, saying that was appropriate venue to ask for a stay. But in its filing, the state asserts it orally requested a stay during arguments.

Now that the Sixth Circuit has issued a stay, plaintiffs could appeal the stay decision the Supreme Court, but observers say a different outcome is unlikely.

Dana Nessel, one the plaintiffs’ attorneys in the lawsuit, said plaintiffs “have no plans to appeal” the stay decision at this time.

One lingering question is whether the state and the federal government will recognized the same-sex marriages already performed in Michigan over the weekend. In Utah, the results were split: the state elected not to recognize its marriage, but U.S. Attorney General Eric Holder said the federal government would recognize the unions.

Neither Michigan nor the federal government has definitively weighed on in the issue. The Associated Press quoted a spokesperson for Michigan Gov. Rick Snyder as saying the state won’t yet recognize the marriages until a decision was made on the stay pending appeal, and the Justice Department told the Blade situation remains under review.

Via Twitter, Brown called on the Snyder to recognize the same-sex marriages performed in the state, suggesting if he refused to do so, voters should elect the Democratic gubernatorial candidate in the 2014 election.

“When will Gov Snyder act like a leader and recognize the hundreds of MI citizens who married on Sat?” Brown tweeted. “MI needs true leadership.”

CORRECTION: An initial version of this article incorrectly reported Judge White was a Clinton appointee. She was initially named by Clinton, but wasn’t confirmed by the Senate under his administration. George W. Bush renamed her and the Senate confirmed her under his watch. The Blade regrets the error.

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North Carolina

Authorities investigate officer-involved shooting outside Asheville gay bar

Incident took place near Shakey’s on Wednesday

Published

2 days ago

July 17, 2026

Emma LaPointe

(Photo by chalabala/Bigstock)

An officer-involved shooting outside of a gay dive bar, Shakey’s, in downtown Asheville, N.C., left one man dead Wednesday.

The bar released a statement the following morning regarding the incident, stating that bar staff had asked a patron to leave earlier in the night citing concerning behavior. The bar said that later the man was spotted with a gun in the parking lot.

The bar proceeded to call 911, locked the doors to the establishment, and followed dispatcher instructions on how to keep patrons of the bar safe while officers arrived. These protocols included getting patrons away from the windows and staying low to the ground.

According to Shakey’s, shots were fired outside of the business. When the Asheville Police Department officers arrived, they fired back. The individual died from their injuries, according to the police.

“Because of everyone’s quick actions, cooperation, and concern for one another, every customer and every employee inside Shakey’s made it home safely. We are incredibly thankful,” Shakey’s said on their Instagram page. They thanked Asheville police, emergency dispatchers, EMS, and all first responders who were on scene.

On Thursday, a spokesperson for the North Carolina State Bureau of Investigation, Chad Flowers, stated that the suspect involved in the shooting was Arturo Castillo Palomar.

The Washington Blade reached out to the North Carolina State Bureau of Investigation for a comment regarding the possibility of the event being considered a hate crime. They said the issue is currently under investigation and that the findings would be turned over to the district attorney for review.

Baltimore

Popular Mount Vernon gay bar Leon’s to temporarily close after owner’s death

Ron Singer passed away on July 7

Published

2 days ago

July 17, 2026

Baltimore Banner

Leon’s Backroom Bar in Mount Vernon. (Photo by Jessica Gallagher for the Baltimore Banner)

By WESLEY CASE | Leon’s Backroom, Baltimore’s oldest gay bar, temporarily shut down after service on Wednesday night, according to a post on the business’s Instagram page.

The announcement comes a little more than a week after the death of the Mount Vernon bar’s owner, Ron Singer, who died at 66 on July 7.

The rest of this article can be found on the Baltimore Banner’s website.

Local

Comings & Goings

New garden center offers array of products in Rehoboth

Published

2 days ago

July 17, 2026

Peter Rosenstein

Bay Laurel Home & Garden is located just outside Rehoboth on Route 1.

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 Stuart Ortel and Scott Marker, and Dave Lyons and Rick Hardy, on the recent opening of their garden center on Route 1 in Rehoboth Beach, in the former Farmer Girl site. It is called Bay Laurel Home and Garden and debuted earlier this year. The four owners are all well known to the denizens of Rehoboth Beach.

Stuart and Scott have been active members of the Rehoboth Beach community since 1999. Stuart is a landscape architect, and has established relationships with many local folks in the building and landscape industry. When this opportunity for Bay Laurel Home & Garden presented itself, and they had the perfect team of people in place, he and Scott were committed to making it a reality. So, when Scott and Stuart introduced this opportunity to create a new garden center to Dave and Rick, they embraced the chance to cultivate a business where beautiful plants, inspiring home and garden products, and outstanding customer service come together. Dave and Rick knew about owning a business in Rehoboth as they previously owned Coho’s Market, where they discovered firsthand the value of serving their community, and the rewards of running a locally owned business.

The garden center launched with a refreshed brand identity, updated merchandising, and expanded product lines, all designed to create an inspiring and welcoming environment for your home. Bay Laurel Home & Garden offers a beautifully appointed garden center and curated home and gift shop.

The new center features a full nursery with annuals, perennials, shrubs, trees, and seasonal selections; a garden center offering pottery, fountains, and garden ornamentation, and essential tools and garden supplies. It has a garden shop featuring unique indoor/outdoor furnishings and accessories, and a gift shop featuring botanical and coastal style items for home and entertaining.