Same-Sex Marriage Cases in the Michigan Mix
Michigan is an interesting state for the same-sex marriage issue to arise. In 2004, voters approved a constitutional amendment to ban same-sex marriage. If SCOTUS declares a similar ban in California unconstitutional, the floodgates could be opened for same-sex couples.
In the case pending in the U.S. District Court for the Eastern District of Michigan, a gay couple first set out to challenge the adoption laws that they alleged discriminated against same-sex couples. Their lawsuit then morphed into a challenge to Michigan's 2004 constitutional amendment which defines a marriage as between a man and a woman. Plaintiffs in the suit are a lesbian couple from Hazel Park.
Defending Michigan's constitution is the Michigan Attorney General, who argues that the amendment does not discriminate against specific groups but rather, is merely "an affirmative statement about the virtues of traditional marriage".
Today's Up North wedding between the two men is scheduled to take place at an unknown location; presumably somewhere on the Odawa Indian Reservation or lands. The same-sex marriage was endorsed by a close majority of the legislative body of the Indian Tribe.
Because the tribe to which the men belong is recognized by the U.S. Government, it is not bound by state law thus, the 2004 constitutional amendment does not apply to the Tribe. Major-league loophole.
We here at the Law Blogger, like Judge Friedman, will be watching SCOTUS for its decision on the issue.