A Post-DOMA Michigan Update

Amongst all of the eupohoria of the day a friend posted on Facebook that she was not going to wait for Michigan to get its act together. She was going to New York to get married. (Okay...her language was a little stronger, but that's the gist).

The rulings were in line with many predictions (including mine, below). DOMA was overturned, but the court took pains to overturn it as narrowly as possible. Prop 8 was overturned, in a roundabout procedural way which does not speak to any other marriage ban.

The court did not address the full faith and credit clause (at least a search of the 77 page opinion did not turn up that phrase).

In other words, a marriage in New York is still not a marriage in Michigan. Michigan will not recognize the marriage, and it will probably take a separate court ruling to even allow that married-in-New-York couple to get federal benefits if they reside in Michigan.

Confusing? Yes.

But I believe the court wanted to leave it confusing. They were afraid of a sweeping decision which would affext all 50 states. They found exactly the escape route they were looking for. They acknowledged Marriage Equality, but ruled as narrowly as possible. They did not rule all of DOMA was unconstitutional, only the one man, one woman provision. DOMA specifically says that states do not have to recognize same-sex marriages in other states.

The ruling is still exceptionally good news, as it opens a door to Marriage Equality everywhere. However, that door will have to be opened state-by-state. The Full Faith and Credit issue will have to be challenged.

The ruling is especially encouraging for Michigan.

There is a case in front of U.S. District Court Judge Bernard Friedman, brought by a Hazel Park couple, April DeBoer and Jayne Rowse who want joint custody of their two children. The case questions the constitutionality of Michigan's ban on same-sex marriages. Judge Friedman decided to wait until the two Supreme Court rulings to make his decision. This bodes well for that case.

April DeBoer, second from left, sits with her adopted daughter Ryanne, 3, left,

and Jayne Rowse, fourth from left, and her adopted sons

Jacob, 3, middle, and Nolan, 4, right, at their home in Hazel Park.

In addition, a majority of Michiganders now support Marriage Equality.

In other words, the stage is set for both political and legal remedies in our state. 

So to my Facebook friend, hang tough. Michigan could get Marriage Equality much quicker than any of us would have been able to guess 24 hours ago.

And for my local friends...The celebration is in Braun Court starting at 4:00 p.m.