Marriage Win for Michigan!

There's a good chance you've heard the news by now, but shortly after 5:00pm today, Judge Friedman finally announced his decision in the challenge to the Michigan ban on same sex marriage and second parent adoption.

Not only did Judge Friedman overturn the ban, but his ruling involved a very harsh condemnation of Regnerus' study stating:

The Court finds Regnerus’s testimony entirely unbelievable and not worthy of serious consideration. The evidence adduced at trial demonstrated that his 2012 “study” was hastily concocted at the behest of a third-party funder, which found it “essential that the necessary data be gathered to settle the question in the forum of public debate about what kinds of family arrangement are best for society” and which “was confident that the traditional understanding of marriage will be vindicated by this study.”

Further, on the topic of Regnerus' study, the ruling states:

While Regnerus maintained that the funding source did not affect his impartiality as a researcher, the Court finds this testimony unbelievable. The funder clearly wanted a certain result, and Regnerus obliged.

Ouch. Harsh indeed. You can find the full text of the ruling HERE.

There are already some higher officials working to appeal the ruling. Michigan Attorney General Bill Schuette filed an emergency request for stay and appeal which would reverse the power of the ruling immediately. As of now, a stay has not been granted.

So what does this mean for Michigan couples? Essentially, marriage licenses can begin being issued right away. Most offices are closed until 8am Monday, but Washtenaw County has announced that they will be open to issue marriage licenses from 9a-1p tomorrow which is exciting news! There is also word that they will be waiving both the three day waiting period and the marriage license fee. 

Congratulations to April and Jayne. They have spoken up for countless others and made history.

Michigan does not always evoke a feeling of pride, but tonight I am very proud to know that another step has been made for equality in my state.

The Challenge to the Michigan Gay Marriage Ban and What You Need to Know

So if you’ve been following updates from Huffington Post, Buzzfeed LGBT, or any of my tweets/statuses/etc, you likely heard about the groundbreaking trial happening in Michigan over the last two weeks. Closing statements were given Friday, but the judge has announced that nothing will be decided for at least a week.

Want to get the details on the trial? I’ll introduce the couple fighting for equal rights and highlight some of the statements made by witnesses for both the state and the couple. Hope you’re ready for a crash course in Michigan’s latest fight for equality.

Part I: The Couple

Jayne Rowse and April Deboer have been together for over ten years. Both licensed as foster parents, they have been caring for three children since birth. Because Jayne and April cannot get married, they cannot assume joint custody of all three children. As a result, they realized that should something happen to one of them, the family could be split up.

Jayne and April filed their case two years ago in January 2012. Their case challenged Michigan’s ban on second parent adoption as well as the ban on same sex marriage.

Since the filing of the case, DOMA has been ruled unconstitutional and several states have adopted marriage equality. And now it’s Michigan’s turn. The trial began on Tuesday, February 25th.

Part II: Witnesses for Jayne and April

There were several notable witnesses that stood for Jayne and April's cause. One of the most notable quotes came from Michael Rosenfeld, a professor from Stanford University. The state's argument was that opposite sex parent households were more desirable for child rearing. Professor Rosenfeld stated:

"If we followed this through to its logical end, only Asians with high incomes and advanced degrees who live in the suburbs should be able to have children."

Furthermore, Developmental Psychologist David Brodzinsky said on the topic of raising children:

"It's not the gender of the parent. It's the quality of parenting," he said. "... Moms and dads are important. They're important as parents, though. They're not important as males or females... The idea that they might do worse -- they may not do better -- but to do worse, it doesn't make any sense."

Additionally, demographer Gary Gates explained that marriage in general provides a better environment in which to raise children, regardless of gender, due to more married couples having health insurance and a higher income.

Our final quote comes from Harvard professor Nancy Cott on the subject of gender roles and changing opinions of marriage:

"The trends moving toward gender equality, gender neutrality between the spouses have laid a path toward same-sex marriage, as has been recognized in an increasing number of states, and Michigan’s constitutional amendment obstructs that trend from continuing here."

Are you with me so far? Good. On to the other side.

Part III: Witnesses for the State of Michigan

The state really started off with a bang when their first 'expert' witness, 27 year old law student Sherif Girgis, was dismissed by the judge who stated that he did not have the required credentials to be considered an expert witness and that all he had to offer was his opinion. So his dismissal cleared the way for Mark Regnerus, a sociologist from University of Texas. Yes, that Regnerus. The one with the 2012 study that has been criticized by several experts and organizations, including the journal it was originally published in, Social Science Research.

The problem with Regnerus' widely shared study is that only two couples studied actually had children brought up in a same sex household rather than children that began in an opposite sex household and experienced a family breaking apart into two separate households, one of them with same sex parents. The breakup of a family, by completed research, is a much better predictor of reduced academic performance in children than gender of the parents.

That being said, Regnerus explained in court that there is not enough definitive research that supports same sex parents providing a stable environment for children. But when questioned about whether other couples (such as minorities, unemployed, or otherwise unstable heterosexual couples) should be kept from marrying for the same reason, Regnerus replied with a resounding "No."

Two other witnesses for the state tip-toed around the same lines. Both Joseph Price and Loren Marks argued that there isn't enough evidence to support the plaintiff's claim due to there being several different types of families involved.

Part IV: Closing Statements - Highlights

From the state's attorney:

"The ban is not to denigrate other family structures, but to promote what the majority thinks is the 'ideal' family environment."

The state plans to request a stay which would prevent couples from immediately getting married, in the event that Judge Friedman overturns the ban, until the appeals process is complete and the new ruling is given.

From Jayne and April's attorney:

"No other group in society is required to establish parenting competency in order to get married . . . denial of the right to marry for same sex couples is a form of discrimination that we can no longer tolerate."

The trial ended this past Friday. Judge Friedman is expected to (hopefully) give his verdict by early next week. Keep your eyes peeled for news of his ruling and feel free to contact me if you have any questions about the trial!

Thanks to MLive, Equality Michigan, Michigan Marriage Challenge, and Pride Source for the updates and info!