Appeals court extends stay in gay marriage ruling pending an appeal
The stay filed by the Attorney General Bill Schuette regarding a federal judge's ruling on Michigan's same-sex marriage ban will be extended to allow for an appeal.
Judges within the U.S. Court of Appeals for the Sixth Circuit came to a final vote of 2-1, attorney Kenneth Mogill said.
Mogill, one of DeBoer and Rowse's attorneys, said the court has expedited the appeal.
Because the Supreme Court issued a stay in the case of Herbert v. Kitchen in Utah, “a stay of the district courts is warranted," according to court documents.
"As we anticipated, the Sixth Circuit recognized the similarities to the Utah case and granted our request for stay," Attorney General spokeswoman Joy Yearout said. "We will now focus on preparing an appeal in defense of the constitution and the will of the people."
A hearing for the appeal has not yet been scheduled.
On Friday, U.S. District Judge Bernard Friedman ruled Michigan's gay marriage ban unconstitutional after two weeks of deliberation on the trial of Hazel Park, Mich. residents Jayne Rowse and April DeBoer. Schuette filed for a stay following the ruling.
The court initially issued the stay to "more carefully consider Michigan’s request and a response from the plaintiffs," the court document reads.