A federal judge has declared Michigan's ban on same-sex marriage unconstitutional, Fox 2 reports.
U.S. District Judge Bernard Friedman issued the preliminary injunction Friday after two Hazel Park nurses challenged the state's constitutional amendment passed by voters in 2004. A trial in the case concluded March 7.
Michigan Attorney General Bill Schuette filed an emergency request for stay of Friedman’s ruling.
“In 2004 the citizens of Michigan recognized that diversity in parenting is best for kids and families because moms and dads are not interchangeable. Michigan voters enshrined that decision in our State constitution, and their will should stand and be respected. I will continue to carry out my duty to protect and defend the Constitution,” said Schuette.
April DeBoer, 42, and Jayne Rowse, 49, said the amendment violated their rights under the Equal Protection Clause of the U.S. Constitution. They are living as a couple and raising three special needs children they adopted as individuals.
The judge’s ruling came after a nine-day trial that began Feb.26 and focused on testimony from scholars and researchers on opposing sides of the gay marriage debate.