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Attorney talks gay marriage delay

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A judge in Detroit this week decided to wait a few months to issue his decision in a challenge to Michigan's law against same sex marriage.

That case was filed by a lesbian couple represented by Dana Nessel, who says that it all started when the couple tried to adopt some special needs foster children in their care. A joint adoption wasn't allowed because Jayne Rowse and April DeBoer are not married. So, they sued simply to change the adoption rules. However, the judge invited them to expand their case to cover the entire anti-gay marriage law, reasoning that, without it, they could get married and therefore jointly adopt.

Nessel says that she thinks there is good reason her clients will win because, even though most marriage issues are left up to the states, the same sex marriage ban is simply blanket discrimination.The Detroit judge in this case is waiting for a ruling from the US Supreme Court on a similar matter before issuing his own decision.

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