metro

Same-Sex Vows

Federal judge says March marriages
legal; Supreme Court next to rule.

Ronelle Grier

Contributing Writer

I

t was a momentous week for local and
national proponents of same-sex mar-
riage. In a lawsuit (Caspar v Snyder)
filed by the American Civil Liberties
Union (ACLU) on behalf of eight couples
married last March while the Michigan
ban on same-sex marriage was tempo-
rarily overturned, federal Judge Mark
Goldsmith of the Eastern District of
Michigan ruled the marriages performed
that day are legally valid.
The following day, the U.S. Supreme
Court announced it will hear DeBoer v
Snyder, the Michigan case challenging
the legality of same-sex marriage. In that
case, the state ban on same-sex marriage
was overturned by federal Judge Bernard
Friedman, a decision that was subsequently
reversed by the Sixth Circuit Court of
Appeals. Same-sex marriage is currently
legal in 36 states, and a U.S. Supreme Court
ruling will affect national policy on this

widely publicized and hotly debated issue.
Using a biblical citation to support his
decision, U.S. District Judge Goldsmith ruled
the marriages performed last March are pro-
tected by the Due Process Clause of the 14th
Amendment of the U.S. Constitution and
therefore must be recognized by the state of
Michigan as legally binding unions.
"... the same-sex couples who married
in Michigan during the brief period when
such marriages were authorized acquired
a status that state officials may not ignore
absent some compelling interest — a con-
stitutional hurdle that the defense does not
even attempt to surmount. In these circum-
stances, what the state has joined together, it
may not put asunder," Goldsmith wrote.
More than 300 couples were married on
March 22, 2014. Goldsmith issued a 21-day
stay on his decision, which means the rul-
ing is put on hold during the allotted time
for the state to file an appeal.
"We were thrilled with the decision:' said
Jay Kaplan, staff attorney for the ACLU of
Michigan LGBT Project. "The judge agreed

with all the arguments we have raised and
did not find the state's arguments legally
convincing. We're hopeful that the state will
abide by Judge Goldsmith's decision and,
at the end of 21 days, these couples will be
accorded all the benefits and recognition
associated with legal marriage:'
Judge Jamie Wittenberg of Michigan's 45A
District Court in Berkley, who performed
five marriage ceremonies last March, said
he was happy about Goldsmith's ruling and
optimistic about the upcoming Supreme
Court proceedings. Despite remaining in
legal limbo, the overall response from many
of the couples has been positive.
"If this means another step toward jus-
tice for all, I think that's the biggest step:'
said Faith Robinson Renner, new head of
the JCC's Jewish Gay Network, who mar-
ried her partner of more than 35 years,
Debora Renner, in a ceremony at Temple
Emanu-El in Oak Park last March. "We
were in it for the long haul anyway. Justice
is more important:'
For other couples, legalizing same-sex
marriage means they can jointly adopt the
children they have been raising together. In
DeBoer v Snyder, much of the case focused
on the issue of the rights of Hazel Park nurs-
es April DeBoer and Jayne Rowse to legally
adopt their four foster children and gain rec-
ognition as a fully functioning family.
"By choosing to hear the DeBoer case,

Debora Renner and her spouse, Faith
Robinson Renner, new head of the JCC's
Jewish Gay Network

the Court now has the opportunity to
end the injustices facing gay families in
Michigan and so many other states ...," said
Dana Nessel, an attorney for the two nurses.
Michigan law currently prohibits unmar-
ried couples from jointly adopting a child.
"Judge Goldsmith's decision confirmed
what so many of us have believed — that
the marriages that took place on March
22, 2014, are valid and those legally wed
couples are entitled to all state rights and
benefits:' said Oakland County Clerk Lisa
Brown, who performed many of the mar-
riages last March.
"It is shameful that [Gov. Rick] Snyder
and [Michigan Attorney General Bill]
Schuette continue their crusade of dis-
crimination. As elected officials, they
should be working for the people of
Michigan, not against them."

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