Despite a request from the state for an appeal against a lawsuit challenging Michigan’s same-sex marriage ban to see a full panel of 15 judges, the case will take a normal course through the courts.
Last month US District Judge Bernard Friedman ruled that the state’s voter-approved same-sex marriage ban was unconstitutional, a decision which attorney general Bill Schuette immediately appealed.
A stay was then put on the ruling by the 6th Circuit Court of appeals, leaving 300+ Michigan gay and lesbian couples who married in the interim in a legal limbo, pending the state’s appeal.
“This is a way to get a swifter, more thoughtful or complete review by all the judges,” Schuette said in a statement.
Despite Schuette’s best attempts, the case will be first seen by a three-judge panel, most likely later in 2014.
A brief order which unanimously rejected Schuette’s request to leapfrog the panel was filed on Monday.