Friday, Dec 19, 2014
 
search SGN
SERVING SEATTLE AND THE PACIFIC NORTHWEST FOR 40 YEARS!

click to visit advertiser's website


Javascript DHTML Drop Down Menu Powered by dhtml-menu-builder.com

Last Weeks Edition
   
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website




 

 
 

 

 

[Valid RSS]

click to go to advertisers website
to Section One | to Arts & Entertainment
posted Friday, May 2 2014 - Volume 42 Issue 18
Sixth Circuit says no fast track for Michigan marriage case
Section One
ALL STORIES
  next story
Sixth Circuit says no fast track for Michigan marriage case

by Mike Andrew - SGN Staff Writer

The Sixth Circuit Court of Appeals has turned down Michigan Attorney General Bill Schuette's motion for an en banc hearing of his appeal in his state's same-sex marriage case.

An en banc hearing is one before the full Circuit Court, as opposed to the usual practice of an initial hearing before a three-judge panel. The decision of an appeals court panel can still be appealed to the full court, so starting with an en banc hearing would expedite the appeals process and potentially send the Michigan case to the U.S. Supreme Court sooner than would otherwise be the case.

Schuette filed the motion April 4, and the Sixth Circuit unanimously denied his request on April 28.

'The Federal Rules of Appellate Procedure expressly recognize that some cases are so significant that they warrant initial hearing en banc,' Schuette wrote.

'This is such a case. It presents the question whether one of our most fundamental rights - the right to vote - matters, or whether a judge can take an important social issue out of the hands of the voters by concluding it is not something about which reasonable citizens could disagree.

'Addressing this case initially en banc will also promote the swift and efficient resolution of this issue. If this case is decided first by a panel, then the losing party may well seek en banc review. Further, even if that decision controls the decisions of other panels deciding the cases arising out of the other three States, a later panel might disagree with the prior decision, which in turn could lead to en banc review. And the losing parties in the later-decided cases may also seek en banc review.'

The state constitutional amendment banning same-sex marriage was approved by Michigan voters in 2004, and the state argues that its officials are simply defending the rights of Michigan voters.

The plaintiffs in the case, April DeBoer and Jayne Rowse, sued for the right to marry and adopt each other's special-needs children. Rowse has two preschool-age boys. DeBoer has a 3-year-old daughter.

The two women filed their lawsuit in January 2012, initially seeking only the right to adopt, but then adding a challenge to the same-sex marriage ban as well.

Federal District Judge Bernard Friedman declared Michigan's ban on Gay and Lesbian marriages unconstitutional on March 21.

Some 300 same-sex couples across the state got married within 24 hours of his ruling. On March 26, the Sixth Circuit stayed Friedman's decision following a request by the state.

Michigan Governor Rick Snyder initially admitted that the marriages performed during that window of opportunity were legal, but said the state will not recognize those unions or accord the couples any spousal rights while the case is on appeal.

U.S. Attorney General Eric Holder announced that the federal government would recognize the marriages for all purposes of federal law.

An April 2014 Public Policy Polling survey found that 49% of Michigan voters thought that the same-sex marriages performed in the state after Judge Friedman's decision should be recognized, while 44% thought they should not be recognized, and 7% were not sure.

On the broader question of marriage equality, a February 2014 Michigan State University poll found that 54% of Michigan residents support allowing same-sex couples to marry, while 36% are opposed and 10% are unsure.

Tell a friend:

Share on Facebook  Share on Facebook

Post to MySpace!Share on MySpace!

    Share on Delicious

Share on StumbleUpon!

Human Rights Campaign (HRC) announces Deep South campaign - 'Project One America' to work on LGBT equality in Mississippi, Alabama, and Arkansas.
------------------------------
Federal guidelines issued to protect Transgender students - Title IX further outlines guidelines to protect all LGBT students
------------------------------
'We have a deal' on minimum wage, Murray says
------------------------------
Will Republicans back early education?
------------------------------
Governor Inslee makes a terrific appointment to the Washington State Supreme Court
------------------------------
United Church of Christ sues North Carolina over marriage - First Amendment challenge to marriage bans
------------------------------

------------------------------
Sixth Circuit says no fast track for Michigan marriage case
------------------------------
Why we need legalization now
------------------------------
INSIGHTS AND PERSPECTIVES: Love and fear - two horns on the same goat
------------------------------
'Keep the Faith, Baby!'
------------------------------
Northern Ireland parliament blocks marriage bill - Amnesty International threatens legal action
------------------------------
Spain most accepting country for Gays Pew Research says
------------------------------
A tale of two saints: Pope Francis splits the difference
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------
BREAKING NEWS
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

click to visit advertiser's website

click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
Seattle Gay Blog post your own information on
the Seattle Gay Blog
 

gay news feeds gay news readers gay rss gay
http://sgn.org/rss.xml | what is RSS? | Add to Google use Google to set up your RSS feed
SGN Calendar For Mobile Phones http://sgn.org/rssCalendarMobile.xml
SGN Calendar http://sgn.org/rssCalendar.xml

Seattle Gay News - SGN
1605 12 Ave., Ste. 31
Seattle, WA 98122

Phone 206-324-4297
Fax 206-322-7188

email: sgn2@sgn.org
website suggestions: web@sgn.org

copyright Seattle Gay News - DigitalTeamWorks 2013

USA Gay News American News American Gay News USA American Gay News United States American Lesbian News USA American Lesbian News United States USA News
Pacific Northwest News in Seattle News in Washington State News