Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Sunday, March 23, 2014

Same-Sex Marriage in Michigan is Left in Legal Limbo

GavelAs I have previously discussed, federal judge, Bernard Friedman, ruled the Michigan law on banning same-sex marriage violates the U.S. constitution and explained, "Today's decision ... 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."


Now, just one day after Friedman struck down Michigan’s same-sex marriage law, the United States Court of Appeals for the Sixth Circuit suspended the ruling. As a result, the county clerks office can no longer grant same-sex marriages. The injunction has put same-sex couples that were married earlier in the day in a place of uncertainty. It is estimated that 300 couples had exchanged vows by the time the injunction was ordered. The injunction will be in effect at least until Wednesday, when the court will decide whether to extend the injunction during the consideration of the appeal.


See John Eligon and Erik Echolm, For Gay Couples in Michigan, A Day of Joy Ends in Legal Uncertainty, NY Times, Mar. 22, 2014.


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