Domestic Diversions

A Journey: From nursing to foster caring to parenting to individual adoptions to family

Senior Judge Bernard A. Friedman issued his decision after trial in DEBOER v SNYDER, Civil Action No. 12-CV-10285 (E.D. Mich. 2014). He determined that the Michigan Marriage Amendment, a 2004 voter-approved amendment to the Michigan Constitution prohibiting same-sex marriage, is unconstitutional.

The lengthy opinion summarizes the holding as follows (excerpt)[citations omitted]:
In attempting to define this case as a challenge to “the will of the people,” state defendants lost sight of what this case is truly about: people. No court record of this proceeding could ever fully convey the personal sacrifice of these two plaintiffs who seek to ensure that the state may no longer impair the rights of their children and the thousands of others now being raised by same-sex couples. It is the Court’s fervent hope that these children will grow up “to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.” Today’s decision is a step in that direction, and affirms the enduring principle that regardless of whoever finds favor in the eyes of the most recent majority, the guarantee of equal protection must prevail.
Accordingly,
IT IS HEREBY DECLARED that Article I, § 25 of the Michigan Constitution and its implementing statutes are unconstitutional because they violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
IT IS FURTHER ORDERED that the State of Michigan is enjoined from enforcing Article I, § 25 of the Michigan Constitution and its implementing statutes.


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