Michigan asks for extra two days gay marriage suspension to allow Supreme Court to rule

Mar 25 2014
Written by Joseph McCormick

The Attorney General in the US state of Michigan has asked for a further suspension of same-sex marriage in the state, to allow the US Supreme Court to rule.

Not long after a judge declared Michigan’s ban on same-sex marriage unconstitutional last week, an appeals court issued a stay against the ruling.

Ruling on Friday, US District Judge Bernard Friedman suggested that upholding a ban on same-sex marriage would be unfair to the children of gay couples, and said it was unconstitutional.

However, clerks in Michigan were then told to cease issuing marriage licenses to hundreds of same-sex couples after a motion of stay once more temporarily reinstated the ban.

Attorney General Bill Schuette on Tuesday issued a statement asking that, if a ruling is not made by the time a temporary suspension of same-sex marriage lifts on Wednesday, and if a long-term stay is not applied, the Supreme Court should be given two more days to make a decision.

“None of the plaintiffs’ arguments overcome a simple fact: the Supreme Court has already addressed precisely this situation—a federal district court striking down a state marriage amendment—and concluded that a stay pending appeal was necessary… There can be little doubt that the court tasked with ensuring uniformity in federal law across the Nation will reach the same conclusion regarding the invalidation of Michigan’s Marriage Amendment,” the state argued, noting a case in Utah, where same-sex marriage was briefly legal.

“In any event, and out of an abundance of caution, if this Court decides to deny a stay that would last for the duration of the appeal, the State Defendants ask the Court to grant a temporary stay, for two days, until Friday, March 28, 2014. This temporary stay would give the Supreme Court time, as this Court put it in its own order granting a temporary stay, for ‘a more reasoned consideration’ of the emergency Case,” the state continued.

The US 6th Circuit Court announced at the weekend: “To allow a more reasoned consideration of the motion to stay, it is ordered that the district court’s judgment is temporarily stayed until Wednesday.”

In an eighteen page ruling, lawyers acting on behalf of April DeBoer and Jayne Rowse, argued that allowing the same-sex marriage ban to remain would create a “brain drain”, and affect businesses coming into the state.

The lawyers asserted that the stay should be immediately removed, and that same-sex marriages should be allowed to resume.

A ruling is expected as soon as Tuesday night on the case.