Federal Judge Approves Challenge to Michigan Ban on Gay Marriage
A federal judge has ruled that a challenge to Michigan’s statewide ban on same-sex marriages can proceed, citing the Supreme Court’s decision to strike down the Defense of Marriage Act.
The case involves a lesbian couple that wants to adopt three children, but is barred from it under both a state constitutional amendment and a state statute. As Marty Lederman at SCOTUSblog explains, the constitutional amendment, “enacted in 2004, provides that ‘[t]o secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.’” The state statute limits adoption to single people or married couples. Thus since they are not considered married under state law, the couple cannot adopt.
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