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Federal Judge wants state to justify its ban on same-sex marriage


DETROIT (WKZO) -- A Detroit Federal Judge has frustrated just about everyone involved by ruling that he wants to hold a trial before deciding the constitutionality of Michigan’s ban on same-sex marriages.

U.S. District Judge Bernard Friedman says he wants to hear evidence why it is in the state’s best interest to ban same sex marriage and to prevent gays from raising children. He has scheduled testimony for February 25th.

It was believed he might strike the ban down, opening a window for gay couples to get married, at least until an appeal was filed.

County Clerks have been getting it from both sides, Kalamazoo Clerk Tim Snow was the target of an e-mail campaign from a local LGBT organization for not agreeing to have Marriage License Applications ready to go.

Late yesterday afternoon the state’s 83 Clerks received a terse notification from the Attorney General that they would be prohibited from issuing licenses to same sex couples during any appeal.

The initial suit wasn’t really aimed at overturning the state’s ban on same sex marriage, but it got pulled into the suit because it’s the same law, and if its unconstitutional for one reason, it’s that way for all.

The challenge to Michigan’s law came from a couple of nurses from Detroit who wanted to adopt each other’s children, and were denied because they were gay.

April Deboer, one of the plaintiffs, says they never intended to be newsmakers or celebrities, they just wanted to make sure their children were taken care of.