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Friday, October 28, 2016

By Tresa Baldas, Detroit Free Press

DETROIT — The fate of Michigan’s gay-marriage ban is officially in the hands of a federal judge, who on Tuesday heard opening statements in a case that will decide what marriage means in Michigan, and whether voters have a right to exclude gays and lesbians from forming that union and raising a family.

Voters in Michigan have already voted against gay-marriage — a point that state attorney Kristin Heyse hammered away in her opening statements. She argued it is not irrational for voters to want to define marriage as being a union only between a man and a woman. Nor is it irrational for the state to want to preserve the traditional family structure: a mom and a dad.

But same-sex marriage proponents argue the ban is unconstitutional and needs to be overturned.

“Our marriage ban did not happen in a vacuum: The proponents of the ban fully intended to exclude this politically unpopular group,” argued Carol Stanyar, one of several lawyers who is fighting to overturn Michigan’s bans on same-sex marriage and same-sex adoption.

On the latter point, Stanyar argued that no other group has to undergo a competency test to have children, and that gays and lesbians shouldn’t, either. She also stressed repeatedly that there is no proof that same-sex couples aren’t just as loving and nurturing as heterosexual parents, nor that kids raised by gays and lesbians fare worse than those raised by heterosexuals.

Stanyar is representing two female nurses who are fighting for the right to marry and adopt each others’ children.

“It’s hard to imagine how the adult plaintiffs in this case could be contributing any more. They took in babies who were left behind,” Stanyar told U.S. District Judge Bernard Friedman. “These two women are heroes. And they’re not alone. All these families should be embraced. They should be supported. They should be celebrated.”

To bolster that argument, Stanyar offered the testimony of David Brodzinsky, a seasoned psychologist and child development expert who has researched adoption and family structure for more than three decades.

  • daniel bostdorf

    No brainer….it is in violation of the equal protection under the 14th amendment to constitution…

  • Daniel Jones

    If this court decides that only a couple of opposite genders can raise a kid, then it is ruling to take away every child raised by a single parent!

    • disqus_ivSI3ByGmh

      Oh, be careful with that one, as there are people who want to do just that!!! Of course, not a damn one of them has any clue as to how the kids should be raised, and those same people want funding cut for various state DCF agencies (or whatever they call them in other parts of the country), so the agencies cannot train adoptive or foster families or find placements for these children.

  • disqus_ivSI3ByGmh

    Any time a state wants to ban something, it should only be allowed to “pass” if more than 50% of eligible voters approve it, not simply more than 50% of the people who bothered to show up.

    • latebloomingrandma

      Civil rights, however, shouldn’t be up for a vote. That’s why they are called “rights.” The courts need to declare it so.

      • disqus_ivSI3ByGmh

        Tell that to the people trying to get this same law passed in other states! At least some areas have rejected it outright as a 14th Amendment violation!

        • BuzzLOL

          . 30 states constitutionally ban ‘marriage’ between two people who have SUCCUMBED to HOMOSEXUALITY ADDICTION mental illness… we will work to increase that to 50 states plus all territories, as well… and all other countries…

          • disqus_ivSI3ByGmh

            Interesting. So you are a trained and board certified psychiatrist? The reference documents used by board certified shrinks REMOVED homosexuality as a disease years ago. You may want to update your references, otherwise you could find your certs removed.

          • BuzzLOL

            . We are working to get homosexuality addiction re-established as a full-fledged, acknowledged mental illness, no matter how much money the homosexual agenda coalitions throw at the AMA…

      • BuzzLOL

        . Succumbing to homosexuality addiction is NOT a “right”… keep it hidden or don’t do it at all…

    • TheRightisohsoWrong

      According the the 2010 census, the midwestern state I live in is 89.6% white. All other ethnic groups COMBINED make up only 10.4% of the population. Are you saying that if 100% of the voters in my state went to the polls and voted on a referendum banning minority couples from marrying, and the referendum passed by more than 50%, it should become law?

      Just because something passes a vote by more than 50% or even by more than 80%, does not make that law constitutional, or moral.

      Like Larry Flint said “Majority rule only works if you’re also considering individual rights. Because you can’t have five wolves and one sheep voting on what to have for supper.”

      • disqus_ivSI3ByGmh

        Technically, no. No law that restricts rights should be allowed! My problem with laws like this is you get less than 50% of the people even showing up at the polls even on a regular presidential election. When they have these special elections, the only people who bother to show up are the ones who have an overwhelming vested interest one way or another in getting them approved. The Secretary of State should never have even allowed this to get to the ballot, as it is so obviously a violation of the 14th Amendment right to “equal protection under the law”! This is the problem with states that allow for petitioning legislation. You get a handful of prejudiced individuals use misrepresentation to get people to sign a petition for stuff like this. The people are not really told what the law will do. Then the same people who sponsored the damn thing will use whatever misrepresentation they can to get people to either vote for it or ignore it, and you get laws like this that cost states millions in court costs to defend losing propositions.

        • BuzzLOL

          . A long paragraph written because you don’t realize homosexuality is just another addiction… it is not to be treated like race…

      • BuzzLOL

        . Except that succumbing to HOMOSEXUALITY ADDICTION does NOT produce a “minority couple”, just two mentally ill people trying to get on the gov’t feedbags…

  • Lovefacts

    The law will be ruled unconstitutional. While it violates the 14th Amendment’s equal protection clause, IMO the stronger case is made under Article IV, Section 1, better known as the good faith and credit clause. “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state….”

    This provides that all legal contracts in a state, territory, or possession are honored throughout the United States. And since marriage is a state-sanctioned, legally-binding contract entitling spouses and children to specific legal benefits and privileges, what is recognized in one state is recognized throughout the land.

    Unfortunately, the religious right doesn’t realize or understand that while a religious ceremony is wonderful, it does NOT confer legal benefits and privileges until registered with the required governmental agency.

    • stcroixcarp

      I certainly hope that the Michigan law will be found unconstitutional Then I hope gay couples will sue Wisconsin and get the state constitutional amendment banning gay marriage in Wisconsin thrown out. It is time for bigotry to die.

    • disqus_ivSI3ByGmh

      Yeah, but it wasn’t until the 60s and the “Loving” that interracial marriage was recognized as legal throughout the country, and even then, there were still parts where saying “it is frowned upon” is really bowlderizing how people react to it.
      In my somewhat less than humble opinion, people should have the right to marry whoever they want, provided both parties are of the age of legal consent! They should have the same right of privacy as anyone else, and should be able to raise children as they see fit. I know more than a few gay couples that not only have more stable marriages than many straight couples I know, but are also a damn sight better at parenting than many straight couples. As a parent, I have learned a lot from them in dealing with my own daughter!

  • howa4x

    The courts are the protectors of the constitutional rights of minority populations. Our constitution was designed that way so people could be protected from the will of religious tyrannical majorities. Historically hasn’t always worked but now it is starting to.

    • BuzzLOL

      . Persons who have succumbed to HOMOSEXUALITY ADDICTION are NOT “minority populations”! They are just mentally ill…! Keep it private behind closed doors and maybe we will tolerate it… throw it up in our faces daily and we won’t… try to seduce kids to homosexuality addiction and you will continue to go to jail…!

      • howa4x

        You are the probably the type of person that used to call black people mongrels Like Ted Nugent and probably called Jews names too. You are self righteous Christians that made up a new vengeful Christ to follow, are so far from the protections the constitution afforded people to live the life they want. You only think of freedom to own your guns and put a manger on the town hall lawn. Well freedom is for everyone whether you like what they are doing or not. I don’t like gun toting bigots but realize their protections under the law and I suggest you read the constitution again until you really understand it’s meaning

        • BuzzLOL

          . LOL! … Wrongo… I’m not a religic, I hate religion addiction/psychosis mental illness and its trappings… I’m a Normal Person who realizes racial color is NOT equivalent to HOMOSEXUALITY ADDICTION… so, please stop trying to compare the two totally different concepts…

          • howa4x

            Why don’t you read the latest research that some men/women have a pre disposition to being gay and are born with it. It is in their gene pool, just like new research that shows some people are pre disposed to being obese. It is not an addiction. Smoking crack or taking Oxy is

  • BuzzLOL

    . EVERYONE has the right to marry someone of the OPPOSITE SEX… succumbing to HOMOSEXUALITY ADDICTION mental illness does NOT automatically grant Special Homosexuality Addiction Rights not available to everyone else, nor desirable to normal people… this is just an attempted power/money grab by those who have succumbed to HOMOSEXUALITY ADDICTION…!!! … Voters in my state passed a PERMANENT CONSTITUTIONAL BAN of Special Homosexuality Addiction ‘Marriage’ and I support that ban as a non-religion addicted Normal Person… BTW, I hate religion addiction/psychosis mental illness, as well… And homosexuality addiction is in NO way comparable to racial discrimination…!