News & Commentary

 Jay Kaplan, LGBT Project Staff AttorneyToday could be a big day for marriage equality in Michigan. Judge Bernard Friedman of the United States District Court for the Eastern District of Michigan will hear arguments and may issue a decision in a lawsuit filed by an Oakland County lesbian couple challenging Michigan’s marriage ban.The ACLU filed a friend-of-the-court brief supporting the argument that denying Michigan families marriage and second parent adoptions is unconstitutional.The couple, who have been together for more than a decade and who would like to both share legal responsibility for their children in the form of a second-parent adoption, amended their adoption lawsuit in September 2012 to challenge the marriage ban as well.A lot of rumors have been swirling around about what it would mean for couples wishing to get married if Judge Freidman strikes the marriage ban from Michigan’s constitution.All of these answers are based on the assumption that Judge Friedman will strike down Michigan’s ban and will not put his decision on hold immediately. For specific legal advice about your situation, we suggest you consult with a lawyer before marrying in Michigan or elsewhere.1. If we get married before a stay is put in place, are we legally married in Michigan? Yes, you are legally married. However, the validity of your marriage could be in legal limbo for a year or more pending the outcome of an appeal. In other words, in the event that the Sixth Circuit Court of Appeals does not agree with Judge Friedman and reverses his favorable decision, your marriage could be voided by the appeals court. It’s also possible that the State will not respect your marriage until the case is finally decided.2. What if the Sixth Circuit Court of Appeals reverses Judge Friedman’s decision, will our marriage be invalidated? It’s likely that marriages conducted during this period – as happened in California after Mayor Newsome’s decision that it was unconstitutional to deny people the freedom to marry-- would be invalidated if the Sixth Circuit Court of Appeals reverses a favorable ruling in the district court. However, additional litigation may be needed to answer this question.3. If we get married in Michigan during this window, can we get married in another state or country while the case is put on hold?It’s unclear. Some states allow couples to get legally married in multiple states at the same time, but some do not. It’s important that you check the law of the state(s) where you are considering getting married before marrying in Michigan. The answer may also depend on whether or not your Michigan marriage is viewed as valid after the appeals process.4. Can we access federal protections if we get married now? Maybe. You may be able to access federal benefits associated with marriage, particularly those federal programs that define a marriage based on the law of the place where you get married, at least until the Court of Appeals rules. Whether your marriage remains recognized by the federal government would depend on what the Court of Appeals decides about the validity of the marriages issued during this time period.With regards to those federal programs that define a marriage based on the law in the state where you currently live, you might be able to access those benefits as well. If Judge Friedman’s decision is reversed by the appeals court, your eligibility for those federal benefits could change and could result in those benefits being discontinued. However, if you choose to get married in another state, federal protections that are based on the place of celebration will not be in jeopardy but it's important to research federal marriage protections.5. Will Michigan respect our marriage and grant us state benefits if we get married now?An argument could be made that you are entitled to state benefits because as you are legally married while the case is pending on appeal. However, it’s unclear what the State will do, and additional litigation may be needed to address this question.-->Learn more about issues you care about and take action: become a member, subscribe to our email action alerts, follow us on Twitter, and like us on Facebook.

This Wednesday, the House Families, Children and Seniors Committee will consider legislation that would allow adoption agencies the right to discriminate against certain families, denying a home for a child in need.

From couples trying to adopt children and to people on hard times: we're fighting discrimination against innocent people in Michigan. This week, hear up-to-the minute news about second-parent adoptions, banning free speech, and the government's misguided and dangerous dragnet of you phonecalls and DNA.

Andrew Goddeeris, Legal InternThis past weekend I had the opportunity to represent the ACLU of Michigan at Motor City Pride, and while I consider myself a strong ally of the LGBT community and have been to smaller pride events in the past, it was eye-opening to see such a huge number of people proclaming every person’s right to love.It is tremendously rewarding to be part of an organization dedicated to protecting the civil rights and liberties of all people, and to see so many wildly different people in one place proudly celebrating their identities impressed upon me the importance of the work of organizations like ours. We had a great time recruiting new members, explaining the work of the ACLU, and catching up with old supporters, all on a couple of beautiful days in Downtown Detroit.► See photos of our friends & allies at Motor City PrideIt was especially heartening to see so many young people proudly declaring their identities. I’m not too many years removed from high school, and I can still vividly remember the struggles of my LGBT classmates. There's a lot of work to be done to allow young people to feel comfortable with their gender and sexuality, it brought a smile to my face to see so many teenagers celebrating their pride.We had dozens join the us as members at Motor City Pride, but you don't have to wait to become a card-carrying supporter of equality and justice in our state: it only takes two minutes to join online.Comparing events like Motor City Pride to what would have been possible 40 years ago really hammers home the impact that advocates for civil rights and liberties can have on society, and I’m so glad I was able to play a small, small role with the ACLU of Michigan. Learn more about issues you care about and take action: become a member, subscribe to our email action alerts, follow us on Twitter, and like us on Facebook. 

Did all your Facebook friends turn into math fans this week?

Just last week, thousands were celebrating Royal Oak's move to amend the city anti-discrimination ordinance to protect all our neighbors and visitors. However, now a small group is circulating a petition to stop this common-sense law from going into effect.  Take action: Urge your friends to Decline to Sign► Share on Facebook► Tweet this65% of Michiganders support making sure that gay and transgender people, are protected from discrimination. Twenty-one other cities in Michigan and more than 100 across the country who have successfully implemented similar ordinances.“The Royal Oak City Commission passed the human rights ordinance 6 to 1,” said Commissioner Jim Rasor, who participated in the press conference. “This is something that fair-minded people across our city support. It’s good for Royal Oak. That’s why the City Commission voted to support this effort.”Key News and Documents► ACLU Blog | Who's Elliott Larsen? Searching for Equality in MichiganLearn more about issues you care about and take action: become a member, subscribe to our email action alerts, follow us on Twitter, and like us on Facebook. 

The other night I attended the West Michigan Alternative Prom, sponsored by Fountain Street Church. As I walked into the gym, I saw a group of diligent young folks sitting around the table, talking and laughing, having just finished decorating for the prom.I tottered to the kitchen balancing my cake-donation, and my ACLU literature in my hands and thought how fun the evening would be for everyone. Who doesn't like a prom?I attended the chaperone meeting where we discussed safety, our assigned stations, and different responsibilities for the night. And then I took my place behind my ACLU table and watched the students arrive.As they arrived in their gowns and suits, I became aware of a slowly creeping realization. This isn’t just some cute, rainbow-decorated event. This is some serious stuff.There were some issues outside that evening – kids coming by, harassing the LGBT kids. A team of security guards were there, donating their evening to keeping these kids safe. I was struck that even a sweet and innocent prom celebration was marked with an awareness of the bigotry these kids face every day. I realized that although I was just lending support for the evening, these kids are doing what so many busy, stressed, self-absorbed adults don’t have the courage to do.They are living lives of authenticity, right here in Grand Rapids, Michigan. They are taking a stand for believing in the legitimacy of who they are and living it out, despite a world full of hatred and discrimination.The kids inside spent the rest of the night dancing their hearts out, enjoying themselves. I drove off to dinner with friends and talked about my evening, and lessons (hopefully) learned.