Marriage Equality USA

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Current Status

  • Civil marriage equality is legal at the state level, via the Supreme Court of the United States, as of 26 June 2015. (Same-sex couples have the legal right to marry.)
  • On 26 June 2015, the Supreme Court of the United States (SCOTUS) ruled FOR marriage equality and that same-gender couples have the constitutional right to marry in all 50 states and all U.S. territories.
  • Marriage equality recognized by the Little Traverse Bay Bands of Odawa Indians as of 15 March 2013.
  • The Pokagon Band of Potawatomi Indians recognize marriage equality as of 8 May 2013.

HISTORICAL PERSPECTIVE

  • Since 1992, sexual orientation is recognized for data collection about hate crimes in Michigan.
  • In 2003, Governor Jennifer Granholm issued an executive order prohibiting employment discrimination state-level public sector employment on the basis of sexual orientation. The order only covers employees of the State of Michigan and does not cover public sector employees of county, school, or local-level governments. In November 2007, Governor Granholm extended her executive order to include gender identity.
  • Constitutional ban against same-sex marriage and civil unions from 2004 until 26 June 2015, per State Proposal 04-2.
  • On 21 March 2014 U.S. District Judge Bernard Friedman ruled that Michigan's ban on marriage equality is unconstitutional. His ruling was stayed pending appeal in the 6th Circuit Court of Appeals.
  • More than 300 same-sex couples were married in Michigan on 22 March 2014, following Judge Friedman's ruling that the MI ban on marriage equality is unconstitutional. Unfortunately, the stay against enforcement of the ruling was issued late that same day.
  • On 28 March 2013, U.S. Attorney General Eric Holder announced that the US federal government would recognize the same-sex marriages performed on 22 March 2014.
  • On 21 March 2014 U.S. District Judge Bernard Friedman ruled that Michigan's ban on marriage equality is unconstitutional. His ruling was stayed pending appeal in the 6th Circuit Court of Appeals.
  • On 6 November 2014, the 6th Circuit ruled reversing the lower court's ruling and upholding the state ban on marriage equality.
  • 19 December 2014, from the ACLU re: proposed license to discriminate legislation in Michigan: "We did it! Together, we stopped the so-called Religious Freedom Restoration Act (RFRA). Thousands of Michiganders spoke out against the 'license to discriminate' legislation, flooding Lansing with letters and voicemails..." "As the lame duck session of 2014 came to a close last night, members of the Senate did not take a vote on this dangerous legislation, which would have allowed individuals to use their religious beliefs as a justification to discriminate or cause harm to others. That means the legislation will not advance in the 2014 legislative session."
  • 23 December 2014, Mich. won’t appeal ruling that overturned ban on domestic partner benefits - AP via LGBTQNation
  • 16 January 2015, the 6th Circuit Kentucky, Michigan, Ohio, and Tennessee marriage cases all were accepted by SCOTUS for review! Oral argument took place on 28 April 2015; a ruling was issued 26 June 2015. See DeBoer v. Synder.
  • 26 June 2015, the Supreme Court of the United States issued their decision in Obergefell, the marriage case, ruling on the side of love and marriage! Majority opinion by Justice Kennedy, 5-4. Per @SCOTUSblog, the Court's opinion relies on the dual rationales of fundamental rights AND equal protection and seems to go out of its way not to state a standard of scrutiny. "...the majority opinion rejects the claim that marriage is about procreation, even while saying that protecting children of same-sex couples supports the Court's ruling: "This is not to say that the right to marry is less meaningful for those who do not or cannot have children. An ability, desire, or promise to procreate is not and has not been a prerequisite for a valid marriage in any State."

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