Lawsuit: Michigan Governor and Attorney General

“A federal judge in Detroit, citing last week’s Supreme Court decision hailed as victory for gay marriage, on Monday refused to throw out a lawsuit filed by a lesbian couple from Hazel Park challenging Michigan’s ban on adoption by unmarried couples.

Judge Bernard Friedman said April DeBoer, 42, and Jayne Rowse, 48, are “entitled to their day in court and they shall have it.”

DeBoer and Rowse are challenging Michigan’s voter-approved ban on gay marriages, which they say violates their right to marry each other and adopt children. Rowse has two boys, ages 3 and 4, and DeBoer has a 3-year-old girl.

After the couple filed a complaint in January 2012 challenging the state ban, the state asked the court to dismiss the case.

In his decision, Friedman noted the Supreme Court’s ruling last week said laws banning gay marriages would relegate “same-sex relationships to a form of second-tier status” and also impair the rights of “children now being raised by same-sex couples.”

“That is exactly the type of harm plaintiffs seek to remedy in this case,” Friedman wrote.

Michigan Attorney General Bill Schuette, who is defending Michigan’s 2004 ban on gay marriage, criticized Friedman’s ruling.

“We are disappointed in Judge Friedman’s decision, but we look forward to aggressively defending Michigan’s constitution,” Schuette said.

One of the couple’s attorneys, Kenneth Mogill, said they’re pleased by the judge’s order.

“This was clearly the correct decision, and we look forward to taking the next steps to establish April and Jayne’s right to marry and adopt each other’s children,” he said.

Friedman set the next court hearing for July 10 to set up a potential trial date.

Supporters of the state’s position, which include evangelical Christians and Catholic leaders in Michigan, say the courts can’t overturn what the people decided in 2004.

But Mogill expressed hope the plaintiffs will win, saying the definition of marriage is changing.”

Judge: Lesbian couple challenging Michigan adoption ban are ‘entitled to their day in court’
[Detroit Free Press 7/1/13 by Niraj Warikoo]

See the amended complaint here.

October 1 will be the date that arguments are heard.

Federal judge to hear arguments in the fall on Michigan’s gay marriage ban and adoption rights

[WXYZ 7/10/13]

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