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Same-sex marriage case argued in federal court

October 16, 2013

DETROIT — After hearing oral arguments in DeBoer v. Snyder on Tuesday afternoon, Judge Bernard Friedman denied motions for summary judgement by both the plaintiffs and defendants, setting a trial date for Feb. 25.

April DeBoer and Jayne Rowse are a gay couple suing the state for the right to marry and adopt each other’s children.

Judge Friedman said he agreed with both sides, but said “fact issues still need to be decided.” He plans to issue a written opinion.

Friedman denied a motion for dismissal by the defense in July, saying he would await the Supreme Court’s decision in United States v. Windsor. The case challenged the definition of marriage in the Defense of Marriage Act.

The Windsor decision struck down the definition of marriage as between one man and one woman.

Carole Stanyar, attorney for the plaintiffs, cited the Windsor decision repeatedly in Wednesday’s arguments. State Assistant Attorney General Kristin Heyse argued there is no fundamental right to same-sex marriage or adoption and that the debate is for Michigan voters, not the federal court to decide.

The court is currently in recess.

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