News & Commentary

Jay Kaplan, LGBT Project Staff AttorneyShare this on Facebook | Tweet ThisApril and Jayne just wanted to jointly adopt three special needs children they were foster parenting.Without both women adopting the children as a family, the couple worried that their kids would lack the legal protection of both parents.Yet they discovered Michigan had many hurdles that would not permit them to adopt their children together. Many Michigan judges interpret the state's adoption law to mean only married couples can adopt together, using this to discriminate against LGBT couples.Here at the ACLU of Michigan, we don’t agree with that interpretation of the law. Yet that has been the legal reality for LGBT families in many counties.April and Jayne filed a federal lawsuit, DeBoer v. Snyder, challenging the State’s refusal to allow them to be legal parents to their children. The State of Michigan is defending this discriminatory policy. Judge Friedman was assigned to the case and pointed out that the right to adopt hinged on the legal status of marriage. He suggested that April and Jayne should challenge Michigan’s prohibition on the right of same-sex couples to marry as well.Now, with both adoption and marriage laws being challenged, the policies that most obviously deny same-sex couples the same fundamental rights afforded to opposite-sex couples will be on trial.{C}After initial briefings and motions, Judge Friedman decided that such an important case shouldn't be decided without hearing all the facts. He has asked that both sides present experts to testify both in favor and against marriage equality for same-sex couples.This historic hearing will take place on February 25th, where it will be up to the State to provide constitutional justification this legally-sanctioned discrimination.We don’t think they will be able to pull it off and we believe that this case is the vehicle towards marriage equality in Michigan.Today, I'm hosting a free one-hour briefing for anyone curious about this case and marriage equality in Michigan.

Jay Kaplan, LGBT Project Staff AttorneyShare this on Facebook | Tweet ThisAcross the country, we are seeing incredible progress made in terms of marriage equality and relationship recognition.To talk about the sweeping changes we've seen in the last decade and look at some upcoming challenges, we're talking about Marriage Matters this month. This series of blogs will range from the history of the fight for LGBT rights in Michigan to an in-depth look at the upcoming DeBoer case, which could impact marriage equality in Michigan when heard later this month. To date, 17 states as well as the District of Columbia permit same-sex couples to marry, and more will soon join with almost 50 current legal challenges in both state and federal courts regarding the issue. At the ACLU of Michigan, we maintain that a legal civil marriage is a fundamental constitutional right, recognized by the United States Supreme Court.These marriage certificates are more than just a piece of paper or the opportunity to celebrate love. They are the legal recognition of the dignity and worth of same-sex couples and their love and commitment to one another.In Michigan, we still have a long way to go. Current Michigan law denies same-sex couples the fundamental right to marry. The right to marry has significant impact on both the financial and emotional stability of LGBT families. It affects the relationships of parents and children, leaving children without the legal protections and security of two parents.The right to marry also determines the eligibility of loved ones to access important financial securities, such as social security benefits and health insurance. Without this fundamental right, LGBT families suffer the indignity of being legally fragmented in the most basic of ways.The ACLU of Michigan is unique in that it one of the only ACLU state affiliates that has a project specifically devoted to the legal issues and concerns of the LGBT community, established in 2001.For the past 13 years, the ACLU of Michigan has worked tirelessly to ensure that LGBT couples and families have the rights or will gain the rights to practice their love and raise their families the same as everyone else. We will continue to work tirelessly until every couple and every family in Michigan is considered equal under the law, from the schoolhouse to the altar.Follow us on Facebook and Twitter to read more in our Marriage Matters series.Key News & DocumentsLearn 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. 

So just what do we do all year?If you’re ever wondered how the ACLU of Michigan is advancing civil liberties and rights in the courts throughout Michigan, the latest edition of the ACLU of Michigan legal docket should clear up all your questions right away.Every year we publish a comprehensive listing of the amazing work done by our legal team and volunteer attorneys to protect our civil and constitutional rights.In our January 2014 edition, you can read the stories of over a hundred cases involving education, poverty, racial justice, LGBT rights, immigrant rights, women’s rights, free speech, police misconduct and more.

Share this on Facebook | Tweet ThisJay Kaplan, LGBT Project Staff AttorneyThere was a lot of excitement among supporters of marriage equality swirling around the decision of one judge yesterday... and a lot of disappointment after the judge announced there would be no decision. But sometimes no decision is the best decision. Here's why this could be the best thing for our chances for allowing same-sex couples to marry after all. Yesterday, Judge Bernard Friedman of the United District Court for the Eastern District of Michigan heard arguments in a lawsuit filed by an Oakland County lesbian couple challenging Michigan’s marriage ban.Despite a lot of speculation, Judge Friedman decided to hold a trial on the case, calling on both sides of the argument to present expert witnesses to defend their claims. This means that in order to defend Michigan's ban on same-sex marriage, their legal team will need to present testimony from experts that convinces the judge that allowing same-sex couples to marry and adopt children would somehow destroy Michigan. This is a good thing and could only strengthen a favorable opinion for marriage equality in Michigan. After all, that's what happened in California.{C}California's Proposition 8In California, supporters of marriage equality faced Proposition 8, an amendment to their state constitution that denied same-sex couples the right to marry.Just like here in Michigan, a judge asked to hear testimony from experts who could back up the rationale for denying gay couples the right to marry. And lo and behold, they couldn’t provide defend their claims. The backers of Proposition 8 called only two witnesses who were unconvincing, and who made mistakes that actually helped the side of marriage equality. Turns out that it’s easy to throw around discriminatory claims implying that allowing loving same-sex couples to marry and start families somehow damages our state. It’s much more difficult backing that up with scientific studies to prove that rationale.In California, a trial was the best possible place to show how ridiculous and flimsy the opposition to marriage equality is. Now Michigan will have that same chance. Polls across the country show public support for marriage equality continues to rise and the historic Supreme Court decision striking down the Defense of Marriage Act (DOMA) will pave the way for equality for lesbian and gay couples across America, but for a full civil rights victory we must take that power into the voting booth and onto the streets to speak out for change.Here at the ACLU, we're supporting legal and legislative work across our nation to repeal existing marriage amendments and win fair marriage laws through Out For Freedom campaign.The verdict of one judge is important, but it's through working together and using our voices and our votes that we will truly relegate discrimination against gay and lesbian couples to the dustbin of history.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. 

 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?