Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge: Michigan must recognize marriages of same-sex who wed on day it was legal
Mlive.com ^ | January 15, 2015 | Khalil AlHajal

Posted on 01/15/2015 8:44:53 AM PST by cripplecreek

DETROIT, MI -- The state must fully recognize the marriages of couples who wed on the one day it was legal in Michigan last year, U.S. District Judge Mark A. Goldsmith ordered in a preliminary injunction issued Thursday.

The injunction won't take effect for 21 days, but unless an appeals court further stays the decision, it means the state will have to provide spousal benefits to same-sex couples who got married on March 22, 2014.

Some 300 couples received marriage licenses that day, after a federal judge struck down the state's same-sex marriage ban, and before an appeals court put that ruling on hold in a case that's currently in the hands of the U.S. Supreme Court.

Clerks in Oakland, Muskegon, Washtenaw and Ingham counties opened their doors that day to issue the licenses on a Saturday.

Michigan Attorney General Bill Schuette sought to void those marriages in November, after the U.S. 6th Circuit Court of Appeals upheld the gay marriage ban.

But Goldsmith ruled that "what the state has joined together, it may not put asunder."

"This Court concludes that the continued legal validity of an individual's marital status in such circumstances is a fundamental right comprehended within the liberty protected under the Due Process Clause of the Fourteenth Amendment," Goldsmith ruled.

"Even though the court decision that required Michigan to allow same-sex couples to marry has now been reversed on appeal, the same-sex couples who married in Michigan during the brief period when such marriages were authorized acquired a status that state officials may not ignore absent some compelling interest -- a constitutional hurdle that the defense does not even attempt to surmount. In these circumstances, what the state has joined together, it may not put asunder."

The state could appeal the decision.

"We are reviewing Judge Goldsmith's decision but as I have said repeatedly, the sooner the United States Supreme Court makes a decision on this issue the better it will be for Michigan and America," Schuette said in a statement.

The U.S. Supreme Court to hold a conference Friday and decide whether it will review the case that challenged the constitutionality of Michigan's gay marriage ban, along with similar cases out of three other states.


TOPICS: Culture/Society; News/Current Events; US: Michigan
KEYWORDS: blackrobeddictators; gaymarriage; homosexualagenda
Navigation: use the links below to view more comments.
first 1-2021-26 next last
This appears to apply only to those who were illegally married by county clerks who illegally opened their offices on a Saturday for the express purpose of giving out illegal marriage licenses.
1 posted on 01/15/2015 8:44:54 AM PST by cripplecreek
[ Post Reply | Private Reply | View Replies]

To: Springman; cyclotic; netmilsmom; RatsDawg; PGalt; FreedomHammer; queenkathy; madison10; ...
Gay marriage.

Image and video hosting by TinyPic

Michigan legislative action thread
2 posted on 01/15/2015 8:45:47 AM PST by cripplecreek ("For by wise guidance you can wage your war")
[ Post Reply | Private Reply | To 1 | View Replies]

To: cripplecreek

Religious freedom? Federal government says no.


3 posted on 01/15/2015 8:50:51 AM PST by SoFloFreeper
[ Post Reply | Private Reply | To 1 | View Replies]

To: cripplecreek

What if they simply say, “No?”


4 posted on 01/15/2015 8:54:12 AM PST by Ingtar (Is this the Ebola and rumors of Ebola mentioned in the Bible?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cripplecreek

This Nation Requires a HOUSE CLEANING coast to coast from top to bottom


5 posted on 01/15/2015 8:54:16 AM PST by MeshugeMikey ("Never, Never, Never, Give Up," Winston Churchill ><>)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MeshugeMikey
What the state has joined together, it may not put asunder.

The problem with that is the fact that the people (the state) did not join them. The people voted overwhelmingly in opposition to gay marriage and a judge is the one man who overruled us to allow gay marriage for a few hours.
6 posted on 01/15/2015 9:00:31 AM PST by cripplecreek ("For by wise guidance you can wage your war")
[ Post Reply | Private Reply | To 5 | View Replies]

To: cripplecreek

Same sort of mess across the Nation.

Propisition what?

“Whe dont got to obey no steenkin Proposition 18 “


7 posted on 01/15/2015 9:02:16 AM PST by MeshugeMikey ("Never, Never, Never, Give Up," Winston Churchill ><>)
[ Post Reply | Private Reply | To 6 | View Replies]

To: cripplecreek

The governor should say “No.”

If there was no authority to issue a license by the State, there is no valid marriage.

It seems the Federal judiciary has been completely compromised to strike down state laws against gay marriage.


8 posted on 01/15/2015 9:03:47 AM PST by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
[ Post Reply | Private Reply | To 1 | View Replies]

To: exit82

The FEDERAL judiciary has no power to force anything on the SOVEREIGN states. Michigan should just ignore the ruling and move on as if it never happened.


9 posted on 01/15/2015 9:12:50 AM PST by GodAndCountryFirst
[ Post Reply | Private Reply | To 8 | View Replies]

To: MeshugeMikey

Are we reaching a “Pinochet moment”? I think we are.


10 posted on 01/15/2015 9:13:36 AM PST by GodAndCountryFirst
[ Post Reply | Private Reply | To 5 | View Replies]

To: GodAndCountryFirst

I agree.

We need a Governor with balls to tell the Feds to stand down.


11 posted on 01/15/2015 9:17:06 AM PST by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
[ Post Reply | Private Reply | To 9 | View Replies]

To: GodAndCountryFirst

This sort of thing is why there is a strong movement in Michigan to return the power of infrastructure to the state.

Federal funding is both the carrot and the stick used by the federal government to impose their will on the states.


12 posted on 01/15/2015 9:20:12 AM PST by cripplecreek ("For by wise guidance you can wage your war")
[ Post Reply | Private Reply | To 10 | View Replies]

To: cripplecreek

States’ rights on this issue was a phony argument to buy time until federal judges could order the entire nation around. “We the people” has become “we the judges.”

We need a federal constitutional amendment defining marriage as one man, one woman. The basic definition has been federal since the start of the Republican party and the adding of Utah to the Union.


13 posted on 01/15/2015 9:39:32 AM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cripplecreek

Or what?


14 posted on 01/15/2015 9:44:01 AM PST by chris37 (heartless)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cripplecreek; All

Since the state previously had previously exercised its 10th Amendment-protected power to ban constitutionally unprotected gay marriage, this appears to be a pro-gay activist judge legislating from the bench in a last act of defiance.


15 posted on 01/15/2015 9:56:17 AM PST by Amendment10
[ Post Reply | Private Reply | To 1 | View Replies]

To: Amendment10

It was a Reagan appointed judge who ruled to OK gay marriage last year.

There was a lot of deliberate manipulation on the part of his long time legal clerk who is a lesbian. She has her adopted kids call him “grandpa”, had lunch with him on the day of the ruling and had the kids in the courtroom when he handed down his verdict.


16 posted on 01/15/2015 10:02:06 AM PST by cripplecreek ("For by wise guidance you can wage your war")
[ Post Reply | Private Reply | To 15 | View Replies]

To: cripplecreek

Government of the Judges, by the Judges, and for the Judges.


17 posted on 01/15/2015 10:05:59 AM PST by Pelham (WWIII. Islam vs the West)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cripplecreek

States have that power already. Each sovereignty over its territory. Federal funding? Pish. Just instruct citizens to send all their federal tax payments to the state capital instead of the IRS. Then, tell the feds you don’t need money from Washington. If the IRS complains, expel them from the state and use county sheriffs and state courts to protect citizens from any enforcement actions.


18 posted on 01/15/2015 11:00:34 AM PST by GodAndCountryFirst
[ Post Reply | Private Reply | To 12 | View Replies]

To: cripplecreek

Christian bakers and florists, Beware!


19 posted on 01/15/2015 11:19:09 AM PST by Sioux-san
[ Post Reply | Private Reply | To 2 | View Replies]

To: cripplecreek

Sodomites are always trying to get that one foot in the door to fully push their agenda later.

A court has upheld their marriage amendment, and it stands as it was intended.... period!


20 posted on 01/15/2015 12:28:42 PM PST by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-26 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson