In a move that is not totally surprising, a federal judge has delayed a ruling regarding whether or not Proposal 2, which banned any recognition of same-sex relationships in Michigan, until after the US Supreme Court rules on both California’s Prop 8 and the Defense of Marriage Act. It is not uncommon for judges to delay a decision if a case before the Supreme Court could render the ruling moot.
Equality Michigan Director of Policy Emily Dievendorf stated “Equality Michigan is in strong support of the right of April DeBoer and Jayne Rowse to adopt their children and is proud to have joined our partner organizations in expressing our support in an amicus brief. We assert that laws should be used to strengthen all families and not to disable them. We believe that the Judge was given a strong enough case to decide in favor of the parents’ right to adopt, but will be immeasurably pleased and in complete agreement if the Judge finds that Michigan’s denial of the fundamental right to marry for same-sex couples was unconstitutional.”
EQMI noted that:
The lawsuit was filed by an Oakland County lesbian couple who have been together for more than a decade and who would like to share legal responsibility for their children in the form of a second-parent adoption. A second-parent adoption allows one partner in an unmarried couple to adopt the other partner’s child or for both partners in an unmarried relationship to adopt the same child. In states where these adoptions are legal, it is commonly utilized by both same-sex and opposite-sex relationships.
Since same-sex couples cannot marry in Michigan, District Judge Bernard Friedman suggested in September 2012 that the couple amend their complaint to challenge the Michigan constitutional amendment banning marriage equality. Michigan’s constitutional amendment not only prohibits marriage equality, but virtually every form of recognition of same-sex relationships, including civil unions, domestic partnerships, and even domestic partner healthcare.