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Full case name April DeBoer, individually and as parent and next friend of N.D.-R, R.D.-R., and J.D.-R, minors, and Jayne Rowse, individually and as parent and next friend of N.D.-R, R.D.-R., and J.D.-R, minors, Plaintiffsv.Richard Snyder, in his official capacity as Governor of the State of Michigan, Bill Schuette, in his official capacity as Michigan Attorney General, and Lisa Brown in her official capacity as Oakland County Clerk, Defendants Related cases |
DeBoer v. Snyder is a lawsuit filed by a lesbian couple on January 23, 2012 in federal district court, challenging Michigan's ban on adoption by same-sex couples so they can jointly adopt their children. In August 2012, Judge Bernard A. Friedman invited the couple to amend their suit to challenge the state's ban on same-sex marriage, "the underlying issue". Following a hearing on October 16, 2013, Friedman scheduled a trial that ran from February 25 to March 7, 2014. On March 21, Judge Friedman issued his ruling overturning the ban. On March 22, the United States Court of Appeals for the Sixth Circuit placed a temporary hold on Judge Friedman's ruling. The appeal was argued on August 6. On November 6, the Sixth Circuit reversed Judge Friedman and upheld Michigan's ban on same-sex marriage.
Contents
- Background
- Hearing and trial
- Witnesses for the plaintiffs
- Witnesses for the defense
- Conclusion
- Decision
- Stay and appeal
- Court of Appeals decision
- Dissenting opinion
- US Supreme Court
- References
The decision was appealed to the U.S. Supreme Court, which, on January 16, 2015, consolidated this case with three others and agreed to review the case. Oral arguments were heard on April 28, 2015, and the decision to overturn the ban upheld by a decision announced on June 26, 2015.
Background
On January 23, 2012, a lesbian couple filed a lawsuit in U.S. District Court for the Eastern District of Michigan on behalf of themselves and three children, challenging the state's ban on adoption by same-sex couples so they can jointly adopt their children. The women are April DeBoer and Jayne Rowse, both nurses. One has an adopted son and the other two adopted daughters, all with special needs. Michigan law restricts second-parent adoption to married couples and does not license or recognize same-sex marriages.
In August 2012, Judge Bernard A. Friedman invited the couple to amend their suit to challenge the state's ban on same-sex marriage, "the underlying issue". They did so on September 7, 2012. To the original defendants, the governor and attorney-general of Michigan, they added the Oakland County Clerk.
The plaintiffs were originally represented by three private attorneys, Dana Nessel, Carole Stanyar and Kenneth M. Mogill, along with Wayne State University Distinguished Professor of Law Robert A. Sedler, an experienced litigator in civil rights cases. In January 2014, attorneys from the American Civil Liberties Union and Gay & Lesbian Advocates & Defenders joined them.
Hearing and trial
On March 7, 2013, after hearing arguments in the case, Friedman announced that he would delay ruling pending the outcome of two same-sex marriage cases before the Supreme Court of the United States, United States v. Windsor and Hollingsworth v. Perry. National LGBT advocacy groups had recommended the delay. On July 1, citing the recent Supreme Court decision in United States v. Windsor, he denied the state officials' motion to dismiss the suit. Friedman heard arguments on motions in the case on October 16, 2013, and said he was unable to rule on the basis of the arguments. He said: "I'm in the middle. I have to decide this as a matter of law. I intend to do so." An attorney for one of the defendants, Oakland County Clerk Lisa Brown, said she was eager to issue marriage licenses to same-sex couples as soon as the law allowed her to do so. At the end of that hearing, Friedman scheduled the trial for February 25, 2014. On a motion by the plaintiffs, and over the objections of the defense, Friedman agreed on January 3, 2014, to divide the trial in two, reserving for a second phase, if needed, all discussion of the level of scrutiny appropriate to Michigan's denial of adoption and marriage rights to same-sex couples.
Witnesses for the plaintiffs
The plaintiffs called witnesses from February 25, 2014 to February 28, 2014.
Dr. George Chauncey, who as a professor of history and American studies at Yale University and co-director of the Yale Research Initiative on the History of Sexualities had previously testified in the LGBT case Hollingsworth v. Perry, was expected to testify but had to cancel. He submitted written testimony.
Witnesses for the defense
The defense called witnesses from March 3, 2014 to March 6, 2014.
Conclusion
The nine-day trial concluded on March 7 after Kenneth M. Mogill provided the plaintiffs' summation and Kristin Heyse, an assistant attorney general, spoke for the defense. Attorney Michael Pitt spoke separately for defendant Brown, the county clerk, and joined the defense in urging Friedman, should he rule for the plaintiffs, to stay his ruling pending appeal. Judge Friedman said he hoped to rule within two weeks.
Decision
On March 21, after 5 p.m. EDT, Judge Friedman ruled for the plaintiffs without staying enforcement of his decision. In ruling that the Michigan Marriage Amendment violated equal protection, Friedman found it unnecessary to address the Due Process Clause or levels of scrutiny higher than rational review. The state defendants asserted that the same-sex marriage ban furthered legitimate state interests in providing an optimal environment for child rearing, proceeding with caution before altering the traditional definition of marriage, and upholding tradition and morality. Friedman wrote that the first interest could logically be used to "require that only rich, educated, suburban-dwelling, married Asians may marry, to the exclusion of all other heterosexual couples." He wrote that an interest in proceeding with caution can be asserted in any setting and that "any deprivation of constitutional rights calls for prompt rectification".
Regarding morality, Friedman wrote:
Many Michigan residents have religious convictions whose principles ... inform their own viewpoints about marriage. Nonetheless, these views cannot strip other citizens of the guarantees of equal protection under the law. The same Constitution that protects the free exercise of one’s faith in deciding whether to solemnize certain marriages rather than others, is the same Constitution that prevents the state from either mandating adherence to an established religion ... or enforcing private moral or religious beliefs without an accompanying secular purpose.
The state defendants cited Windsor v. United States to maintain that states still hold exclusive power to define marriage. Friedman wrote that Windsor "noted that this power ... must respect the constitutional rights of persons," citing Loving v. Virginia. He wrote that Windsor and Loving "stand for the proposition that, without some overriding legitimate interest, the state cannot use its domestic relations authority to legislate families out of existence."
At the time the ruling was handed down, most county clerks offices in the state had closed. Michigan Attorney General Schuette announced he was filing an emergency request for a stay of the decision pending appeal. Marriages for same-sex couples began the following morning.
Stay and appeal
DeBoer v. Snyder was appealed to the U.S Court of Appeals for the 6th Circuit on March 21, 2014. The next day, after 323 marriage licenses had been issued in four Michigan counties, the appellate court placed a temporary hold on the district court's order allowing same-sex marriage through March 26. After hearing arguments on March 25, an appellate court panel voted 2–1 to approve the state attorney general's motion to extend the stay indefinitely until appeals have concluded. The court also decided to expedite the appeal. A three-judge panel of the Sixth Circuit heard the appeal on August 6 along with similar cases from Kentucky (Bourke v. Beshear and Love v. Beshear), Ohio (Henry v. Himes and Obergefell v. Himes), and Tennessee (Tanco v. Haslam).
Court of Appeals decision
On November 6, 2014, the Sixth Circuit ruled 2–1 that Michigan's ban on same-sex marriage does not violate the constitution. It said it was bound by the U.S. Supreme Court's 1972 action in a similar case, Baker v. Nelson, which dismissed a same-sex couple's marriage claim "for want of a substantial federal question".
The majority ruling said the case was about "change" and "how best to handle it under the Constitution". It noted that the question seemed to be not if, but when and how, this would happen for same-sex marriage. The ruling concluded that Baker had not yet been explicitly overturned and until addressed by the Supreme Court in some future case, there were no legal grounds at present to allow it to be ignored or deemed redundant, since the court could not attempt to anticipate what the changing position of society or the Supreme Court might be in future. Quoting Tully v. Griffin Inc and Hicks, the court noted that it was also not for them to engage in new "doctrinal development" without a basis in new guidance from the Supreme Court. Nor could the court draw conclusions that contradict precedents in previous rulings on the matter.
The ruling noted that the rejection of some past appeals by the Supreme Court were not necessarily a sign that the appeal was ill-founded, and such meaning should not be read into them ("this kind of action - or inaction - imports no expression upon the merits of the case, as the bar has been told many times"). The ruling examined various dubious bases often allowed by States for marriage, and the extent of sanctimonious expressions used in discussing and practicing marriage, and the deference owed to individual states' legislative power to examine such questions at their own pace, and the fact that just one year had passed from the first legalization of same-sex marriage in the United States to the matters leading to this case. It concluded that "what we are left with, is [that] by creating a status (marriage) and subsidizing it (with privileges) the States created an incentive for two people who procreate together to stay together for the purposes of rearing offspring". The court also described the Supreme Court's 2013 ruling in Windsor as one that should be seen less as an affirmation of same-sex marriage, and instead, as a case concerning Federal law encroachment upon State law, in which it had been confirmed that it was not the place of the Federal legislation to effectively seek to determine for all States how they should each treat same-sex marriage. Writing for the majority, Judge Jeffrey Sutton also dismissed the arguments made on behalf of same-sex couples in this case: "Not one of the plaintiffs' theories, however, makes the case for constitutionalizing the definition of marriage and for removing the issue from the place it has been since the founding: in the hands of state voters."
Dissenting opinion
Dissenting, Judge Martha Craig Daughtrey wrote: "Because the correct result is so obvious, one is tempted to speculate that the majority has purposefully taken the contrary position to create the circuit split regarding the legality of same-sex marriage that could prompt a grant of certiorari by the Supreme Court and an end to the uncertainty of status and the interstate chaos that the current discrepancy in state laws threatens."
U.S. Supreme Court
The same-sex couples filed an application for certiorari with the U.S. Supreme Court on November 17. They presented a single question for the court's consideration: "Whether a state violates the Fourteenth Amendment to the U.S. Constitution by denying same-sex couples the right to marry." On November 24, Attorney General Shuette filed a brief with the Supreme Court supporting the same-sex couples' petition for certiorari.
On January 16, 2015, the Supreme Court consolidated this case as Obergefell v. Hodges, 576 U.S. ___ (2015), with three other same-sex marriage cases – Tanco v. Haslam (Tennessee), Obergefell v. Hodges (Ohio), and Bourke v. Beshear (Kentucky) – challenging state laws that prohibited same-sex marriage and agreed to review the case. It set a briefing schedule to be completed April 17 and scheduled oral argument for April 28, 2015. The court asked the parties to address two questions: "1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?"
The United States Supreme Court had heard oral arguments on April 28, 2015.
On June 26, 2015, the U.S. Supreme Court held in a 5–4 decision that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states. The Court overturned its prior decision in Baker v. Nelson, which the Sixth Circuit had invoked as precedent.
The Obergefell v. Hodges decision came on the second anniversary of the United States v. Windsor ruling that struck down Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages. It also came on the twelfth anniversary of Lawrence v. Texas which struck down sodomy laws in 13 states. Each justice's opinion on Obergefell was consistent with their opinion in Windsor. In both cases, Justice Kennedy authored the majority opinion and was considered the "swing vote".