Michigan Marriage Stay to Remain in Effect through Appeals Process


PAUL SCHINDLER | Gay City News | March 25, 2014

Ruling on March 25, the Sixth Circuit Court of Appeals has extended the stay on last week’s marriage equality ruling in Michigan to allow the state to bring its appeal before the circuit.

In an order that ran to just over three pages, the panel’s majority –– which included Circuit Court Judge John Rogers and District Court Judge Karen Caldwell –– laid out the four factors courts consider in determining whether or not a ruling should be stayed pending appeal, and then noted that those factors would “balance no differently” than they had when the State of Utah won a stay from the Supreme Court after a district court in December ordered that same-sex couples be allowed to marry in that state. Pointing to the parallels between the two cases, the majority found, “There is no apparent basis to distinguish this case or to balance the equities any differently than the Supreme Court did” in the Utah case.

The court also noted that other recent district court rulings in favor of marriage equality have been stayed at the request of state government defendants –– though, in fact, a marriage recognition order in Tennessee has not, at this point, been stayed.

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