"The Truth Of What May Come..."

Robin Miner-Swartz and Betsy Miner-Swartz, 2008 Commitment Ceremony

Dozens Of Michigan Same-Sex Couples Hoping For Federal Judge To Give Go-Ahead For Marriage

October 14, 2013
L.L. Brasier

Robin Miner-Swartz and Betsy Miner-Swartz will be camped out at the Ingham County Clerk’s Office on Wednesday afternoon, glued to their phones as they wait for news on what could be a historic day for the state.

U.S. District Judge Bernard Friedman

U.S. District Judge Bernard Friedman is expected to issue a ruling, perhaps that afternoon, on whether Michigan’s 2004 ban on same-sex marriage violates the U.S. Constitution. He also may decide whether the state’s ban on same-sex adoption should be tossed.

Should he lift the ban on same-sex marriage and decline to issue a stay while it’s being appealed, same-sex marriage would be legal in Michigan until a higher court overturned it.

Dozens, and perhaps hundreds, of same-sex couples are preparing to tie the knot Wednesday afternoon, according to organizers in the gay and lesbian communities.

Ingham and Washtenaw counties are among those offering to waive waiting times for marriage licenses, and 44 clergy members statewide will be on call to perform ceremonies, according to Randy Block of the Michigan Unitarian Universalist Social Justice Network, who has compiled a list of available county clerks and clergy.

Robin Miner-Swartz, 42, and Betsy Miner-Swartz, 49, of Lansing have been together for seven years and celebrated a commitment ceremony in 2008 with friends and family. Now, they’re hoping for a chance to make it legal.

“We want this to happen in Michigan,” Robin Miner-Swartz said. “It’s just another hoop. But on the other hand, this is a very big deal.”

Bishop Jerry Brohl of the Blessed John XXII Community Church in Wyandotte will have his robes on Wednesday afternoon in anticipation of couples seeking a wedding ceremony.

“I don’t think God makes the kind of distinctions that we do,” he said. “Love is love. We’re an interfaith Christian church, and we welcome all people.”

April DeBoer, second from left, sits with her adopted daughter, Ryanne.
With them are Jayne Rowse and her adopted sons, Jacob, center, and Nolan.

In the case before Friedman, April DeBoer, 42, and Jayne Rowse, 48, of Hazel Park are asking the court to overturn a 2004 law that prohibits same-sex couples from marrying in the state and to declare unconstitutional Michigan’s Adoption Code, which prohibits joint adoption by gay or lesbian couples.

“This is the defining civil rights issue of our era,” said attorney Kenneth Mogill, representing one of the couple’s children in the federal lawsuit filed in January 2012.

Michigan State Attorney General Bill Schuette will argue to uphold the marriage ban before Friedman on Wednesday.

“The United States Supreme Court has ruled that states retain the constitutional authority to define marriage,” said Joy Yearout, spokeswoman for Schuette. “We will continue to defend the Michigan Constitution in this case.”

Friedman could issue his opinion from the bench. Should he lift the ban on same-sex marriage, Schuette’s office would likely ask him to issue a stay while the decision was being appealed to a higher court.

If Friedman declines, same-sex marriage would be legal in the state immediately.

“What I’m telling people is: If you want to do it, now’s the time,” said attorney Dana Nessel, who represents same-sex couples. “If you want to file your taxes as a couple, if you want to file a petition for adoption, you will be legally married until a court of higher jurisdiction overturns it, if that should happen.”

Schuette’s office said Friday that “it wouldn’t be proper to prejudge the ruling at this time, and we’ll cross that bridge when we come to it.”

The case has captured the attention of the gay and lesbian community nationwide.

DeBoer and Rowse, registered nurses, have three adopted children, all with special needs. Rowse adopted Nolan, 4, and Jacob, 3, shortly after birth. DeBoer adopted Ryanne, 3, as a newborn.

Under Michigan law, because the two cannot legally marry, Rowse has no legal standing with Ryanne, and DeBoer is not recognized as a parent to Nolan and Jacob. As a result, they argue in their lawsuit, they and their children are denied the same rights as heterosexual couples, such as authorizing medical care and accessing educational records. Should one woman die, the other would have no legal claim to her partner’s children.

Schuette, in fighting the case, has argued that it is up states to determine their marriage laws. He argues that when it comes to same-sex couples and adoption, “traditional marriages” ensure that “children receive proper role models of each gender ... that the state may conclude that it is better for children to be reared with both a mother and a father.”

Attorneys representing DeBoer and Rowse point to numerous studies showing children who are raised by same-sex parents are no different from those raised by heterosexual parents, including a statement by the American Psychiatric Association that is now part of the court record.

“Numerous studies over the last three decades consistently demonstrate that children raised by gay or lesbian parents exhibit the same level of emotional, cognitive, social and sexual functions as those raised by heterosexual parents,” the association says. “The research shows that the optimal development for children is based not on the sexual orientation of the parents but on stable attachments to committed and nurturing adults.”

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