Case: DeBoer v. Snyder

2:12-cv-10285 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 23, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On January 23, 2012, a same-sex couple, individually and on behalf of their three adopted children, filed a lawsuit in the U.S. District Court for the Eastern District of Michigan, against the State of Michigan. The case proceeded under 42 U.S.C. § 1983, and began by challenging the Michigan law preventing adoption by unmarried parents. The plaintiffs, represented by private counsel (including a professor at Wayne State law school), asked the court for both declaratory and injunctive relief. …

On January 23, 2012, a same-sex couple, individually and on behalf of their three adopted children, filed a lawsuit in the U.S. District Court for the Eastern District of Michigan, against the State of Michigan. The case proceeded under 42 U.S.C. § 1983, and began by challenging the Michigan law preventing adoption by unmarried parents. The plaintiffs, represented by private counsel (including a professor at Wayne State law school), asked the court for both declaratory and injunctive relief. Specifically, the plaintiffs asked the court to declare that the provisions of MCL 710.24, which prohibited second parent adoptions by unmarried persons, violateed the Equal Protection Clause of the Fourteenth Amendment. Accordingly, the plaintiffs argued, the court should prohibit judges in Michigan from blocking second-parent adoptions based on the unmarried status of the couple.

The case was assigned to Judge Bernard Friedman. News reports recount that on August 29, 2012, at a hearing on the State's motion to dismiss, he encouraged the plaintiffs to broaden their case to challenge, as well, the Michigan Marriage Amendment, which prohibited same-sex couples from marrying. Mich. Const. 1963, art. 1, § 25. He gave them 10 days to decide whether to file an amended complaint addressing this issue. They did file such an amended complaint on September 7, 2012, adding a claim that under the federal Constitution, the state must permit the issuance of marriage licenses to same-sex couples.

On September 24, 2012, Judge Friedman granted the formal motion to amend and then denied pending motions to dismiss and for summary judgment as moot. The state renewed its motion to dismiss, but the District Court denied it on July 1, 2013, based on the Supreme Court's decision the prior week in United States v. Windsor. Both plaintiffs and defendants then filed motions for summary judgment.

In his opinion denying the motions on October 16, 2013, Judge Friedman explained that the State was proposing several justifications in support of Michigan's exclusive recognition of opposite-sex marriages: "(1) providing children with 'biologically connected' role models of both genders that are necessary to foster healthy psychological development; (2) forestalling the unintended consequences that would result from the redefinition of marriage; (3) tradition or morality; and (4) promoting the transition of 'naturally procreative relationships into stable unions.'" These depended on facts that needed to be presented and contested at trial, he held.

The trial occurred over eight days in February and March 2014. On Friday, March 21, 2014, Judge Friedman ruled for the plaintiffs, finding that the Michigan Marriage Amendment violated the federal Equal Protection Clause. He entered an injunction against the ban on same-sex marriage. 973 F.Supp.2d 757.

The state immediately sought a stay in the Sixth Circuit. Because Judge Friedman's order was docketed after 5 pm on Friday, it appears that the state's county clerks offices were already closed. Several county clerks' offices (Washtenaw, Ingham, Oakland, Muskegon) were open and issuing marriage licenses on Saturday, March 22; the statutory three-day waiting period is frequently waived in Michigan, and was waived by some county clerks' offices. The first wedding took place at 8 am, in Ingham County. The district court's injunction was stayed that afternoon by the 6th Circuit; the motions panel soon extended the stay to last until the case was resolved on appeal. However, on March 28, U.S. Attorney General Eric Holder announced that the federal government would recognize the marriages that took place on March 22.

The defendants appealed to the 6th Circuit Court of Appeals on May 9th, 2014. On November 6, 2014, the Sixth Circuit ruled on this and other cases from four states. Obergefell v. Hodges (PB-OH-0003 in this Clearinghouse); Henry v. Hodges (PB-OH-0004 in this Clearinghouse); Love v. Beshear (PB-KY-0001 in this Clearinghouse); Tanco v. Haslam (PB-TN-0005 in this Clearinghouse). It was unwilling to find a Constitutional basis to deny states' authority to define marriage. On the Due Process and Equal Protection claims raised in this case, the court found that the bans were plausibly rational, and neither in violation of the Constitution nor due to illegal animus or discrimination. It also held that "[i]f it is constitutional for a State to define marriage as a relationship between a man and a woman, it is also constitutional for the State to stand by that definition with respect to couples married in other States or countries." (DeBoer v. Snyder Page p. 38). Accordingly, the Sixth Circuit upheld the same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. 772 F.3d 388.

The Supreme Court granted certiorari review of cases consolidated into Obergefell v. Hodges. The Court rephrased the questions presented as: 1) Does the Fourteenth Amendment require a state to license marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

On June 26, 2015, the Court reversed, in an opinion by Justice Kennedy. The right to marry is fundamental, the Court held, and it demeans gay and lesbian couples to deprive them of access to marriage. The 14th Amendment therefore does not allow states to ban same-sex marriage. Kennedy was joined without further writing by Justices Ginsburg, Breyer, Kagan, and Sotomayor. Each of the four dissenters--Chief Justice Roberts, and Justices Scalia, Thomas, and Alito--wrote a dissent.

On July 28, 2015, the Supreme Court ordered $34,209.80 in attorney's fees.

The case is now closed.

Summary Authors

Carlyn Williams (10/16/2013)

Nadji Allan (11/12/2014)

Virginia Weeks (2/11/2018)

Related Cases

Obergefell v. Hodges, Southern District of Ohio (2013)

Love v. Beshear, Western District of Kentucky (2013)

Tanco v. Haslam, Middle District of Tennessee (2013)

Henry v. Wymyslo, Southern District of Ohio (2014)

Caspar v. Snyder, Eastern District of Michigan (2014)

Morgan v. Snyder, Western District of Michigan (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4291952/parties/deboer-v-snyder/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Caldwell, Karen K. (Kentucky)

Cook, Deborah L. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Friedman, Bernard A. (Michigan)

Hluchaniuk, Michael J. (Michigan)

Kennedy, Anthony McLeod (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Rogers, John M. (District of Columbia)

Scalia, Antonin (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Caldwell, Karen K. (Kentucky)

Cook, Deborah L. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Friedman, Bernard A. (Michigan)

Hluchaniuk, Michael J. (Michigan)

Kennedy, Anthony McLeod (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Rogers, John M. (District of Columbia)

Scalia, Antonin (District of Columbia)

Sutton, Jeffrey S. (Ohio)

Thomas, Clarence (District of Columbia)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Bonauto, Mary L. (Massachusetts)

Cooper, Leslie (New York)

Henry, Vickie L. (Massachusetts)

Mogill, Kenneth M. (Michigan)

Nessel, Dana M. (Michigan)

Sedler, Robert A. (Michigan)

Stanyar, Carole M. (Michigan)

Attorneys(s) for Defendant

Brya, Michelle M. (Michigan)

Bullard, Bill Jr. (Michigan)

Heyse, Kristin M. (Michigan)

Jeter, Tonya C. (Michigan)

Johnson, Andrea J. (Michigan)

Lerminiaux, Keith J. (Michigan)

Lindstrom, Aaron D. (Michigan)

Pitt, Michael L. (Michigan)

Potchen, Joseph E. (Michigan)

Rivers, Beth M. (Michigan)

Schuette, Bill (Michigan)

Other Attorney(s)

Anderson, Christy L. (Colorado)

Bartel, Sara (California)

Boccuzzi, Carmine Daniel (New York)

Bowser, Joseph Paul (District of Columbia)

Bristow, Kyle James (Michigan)

Campbell, James A. (Arizona)

Carter, George David Jr. (District of Columbia)

Davis, Andrew (California)

Dewart, Deborah Jane (North Carolina)

Dushku, Alexander (Utah)

Ellsworth, Felicia H. (Massachusetts)

Esbeck, Carl H. (Missouri)

Fisher, Thomas M. (Indiana)

Fleming, Mark C. (Massachusetts)

Gallagher, Sean (Colorado)

Gerhardstein, Alphonse A. (Ohio)

Gershel, Alan (Michigan)

Goldberg, Suzanne B. (New York)

Greenberger, Marcia D. (District of Columbia)

Gunnarson, R. Shawn (Utah)

Hamid, Jyotin R. (New York)

Joseph, Lawrence J (District of Columbia)

Joyce, Stephanie A. (District of Columbia)

Kaplan, Jay (Michigan)

Lane, Daniel McNeel (Texas)

Linton, Paul Benjamin (Illinois)

Man, Christopher (District of Columbia)

Mar, Ria Tabacco (New York)

Martin, Emily J. (New York)

McAlister, Mary Elizabeth (Virginia)

Mersino, Erin Elizabeth (Michigan)

Miller, Jonathan B. (Massachusetts)

Mishra, Dina Bernick (District of Columbia)

Moon, Jeffrey Hunter (District of Columbia)

Moses, Michael F. (District of Columbia)

O'Donnell, Nicholas M. (Massachusetts)

Olson, William J. (Virginia)

Pepping, Matthew (Texas)

Phillis, Nicole Susan (California)

Picarello, Anthony R Jr (District of Columbia)

Raimi, Diana (Michigan)

Rassbach, Eric C (District of Columbia)

Rheaume, Thomas J. Jr. (Michigan)

Robinson, David A. (Connecticut)

Rome, Joseph Benjamin (New York)

Roth, Jerome Cary (California)

Schoenfeld, Alan E. (New York)

Shatz, Benjamin G. (California)

Smith, Paul M. (District of Columbia)

Soubly, Diane M. (Illinois)

Staver, Mathew D. (Florida)

Steinberg, Michael J. (Michigan)

Stetson, Catherine E. (District of Columbia)

Strand, Sherri C. (Missouri)

Strangio, Chase (New York)

Trachtman, Jeffery S (New York)

Tsai, Rocky C. (California)

Walsh, James J. (Michigan)

Walta, Jason (District of Columbia)

Weisel, Jessica (Texas)

Whitlock, Michael Louis (District of Columbia)

Wierenga, James R. (Michigan)

Wolfson, Paul Reinherz (District of Columbia)

Wydra, Elizabeth B. (District of Columbia)

Expert/Monitor/Master

Holder, Eric H. Jr. (District of Columbia)

Documents in the Clearinghouse

Document

General Docket [USCA]

U. S. Court of Appeals for the Sixth Circuit

Aug. 6, 2014 Docket

Docket [PACER]

Oct. 7, 2015 Docket
25-8

Adoption and Co-parenting of Children by Same-sex Couples

No Court

Nov. 1, 2002 Declaration/Affidavit
81-2

Deposition of Loren Dean Marks

Oct. 30, 2009 Transcript
1

Complaint for Declaratory and Injunctive Relief

Jan. 23, 2012 Complaint
25-2

Declaration of April Deboer Under 28 USC §1746

March 9, 2012 Declaration/Affidavit
25-4

Declaration of Wendy Deboer Under 28 USC §1746

March 9, 2012 Declaration/Affidavit
25-3

Declaration of Jayne Rowse Under 28 USC §1746

March 10, 2012 Declaration/Affidavit
25-7

Declaration of Jeanne A. Howard, Ph.D. Under 28 USC §1746

March 12, 2012 Declaration/Affidavit
25-6

Declaration of Kathi Nelson, M.S.W., L.M.S.W, Under 28 USC §1746

March 12, 2012 Declaration/Affidavit

Resources

Title Description External URL

DeBoer v. Snyder

SCOTUSBlog

Holding: The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawf… June 26, 2015 https://www.scotusblog.com/...

De Boer v. Snyder

Constitutional Accountability Center

On January 23, 2012, plaintiffs April DeBoer and Jayne Rowse, both of whom have individually adopted children, filed a lawsuit in the Eastern District of Michigan challenging the state’s ban on adopt… March 6, 2015 https://www.theusconstitution.org/...

Documents from the DeBoer v Snyder same-sex marriage trial, Federal Court

Michael J. Rosenfeld

DeBoer v Snyder case is one of only a small number of trials that have ever been held to adjudicate the social science regarding same-sex couples and their children. The DeBoer v Snyder trial decisio… March 21, 2014 https://web.stanford.edu/...

Filiación Homoparental: Necesidad de su Reconocimiento en el Ordenamiento Jurídico Chileno a la Luz de los Derechos Humanos

Ignacio Alberdi Soto & Javiera Paz Mardones Krsulovic

Given the substantial variation suffered by family law in recent years, in response to protected legal assets and the incorporation of new family arrangements, the authors seek discover and illustrat… Jan. 1, 2016 None

Taking Three Small Steps Forward in the Journey of Innovation and Diffusion Study

Suk Joon Hwang

The aim of this dissertation is to fill in the vacant spots in the innovation and diffusion study, which are meaningful but have not had much work done previously. Most policy diffusion studies have … Jan. 1, 2016 None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4291952/deboer-v-snyder/

Last updated May 28, 2022, 3:14 a.m.

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-3349176 - Fee: $ 350. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): United States District Court for the Eastern District of Michigan, Southern Division, 12-cv-10038, Judge David Lawson] (Stanyar, Carole) (Entered: 01/23/2012)

Jan. 23, 2012 RECAP
2

NOTICE by All Plaintiffs re 1 Complaint,, Notice of Identification of Case as Companion Case (Stanyar, Carole) (Entered: 01/23/2012)

Jan. 23, 2012 PACER
3

SUMMONS Issued for *Bill Schuette* (Werner, L) (Entered: 01/23/2012)

Jan. 23, 2012 PACER
4

SUMMONS Issued for *Richard Snyder* (Werner, L) (Entered: 01/23/2012)

Jan. 23, 2012 PACER
5

NOTICE of Appearance by Joseph E. Potchen on behalf of All Defendants. (Potchen, Joseph) (Entered: 01/31/2012)

Jan. 31, 2012 PACER
6

CERTIFICATE OF SERVICE re 2 Notice (Other) by All Plaintiffs as to previously filed Notice of Identification of Case as Companion Case (Stanyar, Carole) (Entered: 02/01/2012)

Feb. 1, 2012 PACER
7

CERTIFICATE of Service/Summons Returned Executed. All Plaintiffs. (Stanyar, Carole) [RETURN AS TO RICHARD SNYDER ONLY] Modified on 2/3/2012 (VLun). (Entered: 02/03/2012)

Feb. 3, 2012 PACER
8

CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Stanyar, Carole) [RETURN AS TO BILL SCHUETTE ONLY] Modified on 2/3/2012 (SSro). (Entered: 02/03/2012)

Feb. 3, 2012 PACER
9

[FILED ON WRONG CASE] Bankruptcy Record - IMAGE NOT PUBLICLY AVAILABLE. (Attachments: # 1 Document Continuation, # 2 Document Continuation, # 3 Document Continuation) (VLun) Modified on 2/3/2012 (VLun). (Entered: 02/03/2012)

Feb. 3, 2012 PACER
10

NOTICE of Correction re 9 Bankruptcy Record - FILED ON WRONG CASE, PLEASE DISREGARD. (VLun) (Entered: 02/03/2012)

Feb. 3, 2012 PACER
11

RESPONSE to 2 Notice (Other) by All Defendants. (Attachments: # 1 Exhibit Exhibit 1) (Potchen, Joseph) (Entered: 02/03/2012)

1 Exhibit Exhibit 1

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Feb. 3, 2012 PACER
12

ATTORNEY APPEARANCE: Tonya C. Jeter appearing on behalf of All Defendants (Jeter, Tonya) (Entered: 02/08/2012)

Feb. 8, 2012 PACER
13

MOTION for Leave to File Excess Pages by All Defendants. (Potchen, Joseph) (Entered: 02/17/2012)

Feb. 17, 2012 PACER
14

MOTION to Dismiss by All Defendants. (Potchen, Joseph) (Entered: 02/17/2012)

Feb. 17, 2012 RECAP
15

NOTICE of determination on briefs re 14 MOTION to Dismiss (CMul) (Entered: 02/21/2012)

Feb. 21, 2012 PACER
16

ORDER granting 13 Motion for Leave to File Excess PagesSigned by District Judge Bernard A. Friedman. (SJa) (Entered: 02/22/2012)

Feb. 22, 2012 PACER
17

MOTION for Leave to File Amicus Curiae Brief by Stephen P. Gorsline. (PMil) (Entered: 03/07/2012)

March 5, 2012 PACER
18

(STRICKEN 3/16/2012) MOTION for Summary Judgment Plaintiffs' Motion for Summary Judgment and Combined Brief in Response to Defendants' Motion to Dismiss and in Support of Plaintiffs' Motion for Summary Judgment by All Plaintiffs. (Stanyar, Carole) Modified on 3/16/2012 (CMul). (Entered: 03/13/2012)

March 13, 2012 RECAP
19

MOTION for Leave to File Excess Pages as to Combined Response to Defendants' Motion to Dismiss and in Support of Plaintiffs' Motion for Summary Judgment by All Plaintiffs. (Stanyar, Carole) (Entered: 03/13/2012)

March 13, 2012 PACER
20

(STRICKEN 3/16/2012) STATEMENT of Plaintiffs Statement of Undisputed Material Facts in Support of Motion for Summary Judgment by All Plaintiffs (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1: Declaration of April DeBoer, # 3 Exhibit 2: Declaration of Jayne Rowse, # 4 Exhibit 3: Declaration of Wendy DeBoer, # 5 Exhibit 4: Declaration of Cynthia Bostwick, # 6 Exhibit 5: Declaration of Kathi Nelson, # 7 Exhibit 6: Declaration of Jeanne A. Howard, # 8 Exhibit 6a: Position Statement, American Psychiatric Association, Adoption and Co-parenting of Children by Same-sex Couples, # 9 Exhibit 6b: Curriculum Vitae, Jeanne Howard) (Stanyar, Carole) Modified on 3/16/2012 (CMul). (Entered: 03/13/2012)

1 Index of Exhibits

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2 Exhibit 1: Declaration of April DeBoer

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3 Exhibit 2: Declaration of Jayne Rowse

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4 Exhibit 3: Declaration of Wendy DeBoer

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5 Exhibit 4: Declaration of Cynthia Bostwick

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6 Exhibit 5: Declaration of Kathi Nelson

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7 Exhibit 6: Declaration of Jeanne A. Howard

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8 Exhibit 6a: Position Statement, American Psychiatric Association, Adoption and C

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9 Exhibit 6b: Curriculum Vitae, Jeanne Howard

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March 13, 2012 PACER
21

RESPONSE to 17 MOTION for Leave to File Amicus Curiae by Stephen Gorsline filed by All Plaintiffs. (Stanyar, Carole) (Entered: 03/14/2012)

March 14, 2012 PACER
22

NOTICE TO APPEAR: Status/Scheduling Conference set for Wednesday, 3/28/2012 02:30 PM before District Judge Bernard A. Friedman (CMul) (Entered: 03/15/2012)

March 15, 2012 PACER
23

ORDER granting in part and denying in part 19 Motion for Leave to File Excess Pages and striking documents 18 and 20 .. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 03/16/2012)

March 16, 2012 PACER
24

RESPONSE to 14 MOTION to Dismiss filed by All Plaintiffs. (Stanyar, Carole) (Entered: 03/19/2012)

March 19, 2012 RECAP
25

MOTION for Summary Judgment, Brief in Support by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. Declaration of April DeBoer, # 3 Exhibit 2. Declaration of Jayne Rowse, # 4 Exhibit 3. Declaration of Wendy DeBoer, # 5 Exhibit 4. Declaration of Cynthia Bostwick, # 6 Exhibit 5. Declaration of Kathi Nelson, # 7 Exhibit 6. Declaration of Jeanne Howard, Ph.D., # 8 Exhibit 6a. Position Statement, American Psychiatric Association, Adoption and Co-Parenting of Children by Same-Sex Couples (2002), # 9 Exhibit 6b. Curriculum Vitae, Jeanne Howard) (Stanyar, Carole) (Entered: 03/19/2012)

1 Index of Exhibits

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2 Exhibit 1. Declaration of April DeBoer

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3 Exhibit 2. Declaration of Jayne Rowse

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4 Exhibit 3. Declaration of Wendy DeBoer

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5 Exhibit 4. Declaration of Cynthia Bostwick

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6 Exhibit 5. Declaration of Kathi Nelson

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7 Exhibit 6. Declaration of Jeanne Howard, Ph.D.

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8 Exhibit 6a. Position Statement, American Psychiatric Association, Adoption and C

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9 Exhibit 6b. Curriculum Vitae, Jeanne Howard

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March 19, 2012 RECAP
26

CERTIFICATE OF SERVICE re 25 MOTION for Summary Judgment, Brief in Support, 24 Response to Motion by All Plaintiffs (Stanyar, Carole) (Entered: 03/19/2012)

March 19, 2012 PACER
27

ORDER denying 17 Motion for Leave to File. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 03/27/2012)

March 27, 2012 PACER
28

NOTICE of Appearance by Dana M. Nessel on behalf of All Plaintiffs. (Nessel, Dana) (Entered: 03/29/2012)

March 29, 2012 PACER
29

REPLY to Response re 14 MOTION to Dismiss filed by All Defendants. (Potchen, Joseph) (Entered: 04/02/2012)

April 2, 2012 PACER
30

Notice of Determination of Motion Without Oral Argument re 25 MOTION for Summary Judgment (CMul) (Entered: 06/01/2012)

June 1, 2012 PACER
31

NOTICE of hearing on 14 MOTION to Dismiss. Motion Hearing set for 7/25/2012 02:00 PM before District Judge Bernard A. Friedman (CMul) (Entered: 06/22/2012)

June 22, 2012 PACER
32

RE-NOTICE of hearing on 14 MOTION to Dismiss. Motion Hearing set for Wednesday, 8/29/2012 02:00 PM before District Judge Bernard A. Friedman (CMul) (Entered: 06/25/2012)

June 25, 2012 PACER
33

MOTION for Leave to File First Amended Complaint for Declaratory and Injunctive Relief by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A, Amended Complaint for Declaratory and Injunctive Relief) (Stanyar, Carole) (Entered: 09/07/2012)

1 Exhibit Exhibit A, Amended Complaint for Declaratory and Injunctive Relief

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Sept. 7, 2012 PACER
34

EXHIBIT Amended Exhibit A, Amended Complaint for Declaratory and Injunctive Relief re 33 MOTION for Leave to File First Amended Complaint for Declaratory and Injunctive Relief by All Plaintiffs (Stanyar, Carole) (Entered: 09/07/2012)

Sept. 7, 2012 RECAP
35

RESPONSE to 33 MOTION for Leave to File First Amended Complaint for Declaratory and Injunctive Relief filed by All Defendants. (Potchen, Joseph) (Entered: 09/21/2012)

Sept. 21, 2012 PACER
36

ORDER granting 33 Motion for Leave to File; denying as moot 14 Motion to Dismiss; and denying as moot 25 Motion for Summary Judgment. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 09/24/2012)

Sept. 24, 2012 RECAP
37

NOTICE TO APPEAR: Status Conference set for 10/3/2012 10:00 AM before District Judge Bernard A. Friedman (CMul) (Entered: 09/25/2012)

Sept. 25, 2012 PACER
38

AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Stanyar, Carole) (Entered: 10/03/2012)

Oct. 3, 2012 RECAP
39

SUMMONS Issued for *Bill, Jr. Bullard* (DWor) (Entered: 10/03/2012)

Oct. 3, 2012 PACER
40

SCHEDULING ORDER. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 10/05/2012)

Oct. 5, 2012 PACER
41

ORDER for incorporation of filings. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 10/05/2012)

Oct. 5, 2012 PACER
42

NOTICE of Appearance by Kenneth M. Mogill on behalf of All Plaintiffs. (Mogill, Kenneth) (Entered: 10/08/2012)

Oct. 8, 2012 PACER
43

CERTIFICATE of Service/Summons Returned Executed. Bill, Jr. Bullard served on 10/9/2012, answer due 10/30/2012. (Stanyar, Carole) (Entered: 10/22/2012)

Oct. 22, 2012 PACER
44

MOTION to Dismiss by Bill Schuette, Richard Snyder. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3) (Potchen, Joseph) (Entered: 11/07/2012)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Attachment 1

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3 Exhibit Attachment 2

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4 Exhibit Attachment 3

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Nov. 7, 2012 PACER
45

MOTION to Dismiss Amended Complaint by Bill, Jr. Bullard. (Lerminiaux, Keith) (Entered: 11/08/2012)

Nov. 8, 2012 PACER
46

RESPONSE to 44 MOTION to Dismiss, 45 MOTION to Dismiss Amended Complaint as to Count II, the Michigan Marriage Amendment filed by All Plaintiffs. (Attachments: # 1 Exhibit Garden State Equality v Dow, 2012 WL 540608 (NJ Super L)(unpublished opinion)) (Stanyar, Carole) (Entered: 12/05/2012)

1 Exhibit Garden State Equality v Dow, 2012 WL 540608 (NJ Super L)(unpublished opi

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Dec. 5, 2012 PACER
47

REPLY to Response re 45 MOTION to Dismiss Amended Complaint filed by Bill, Jr. Bullard. (Lerminiaux, Keith) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
48

REPLY re: 44 by Bill Schuette, Richard Snyder. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2) (Potchen, Joseph) Modified on 12/21/2012 (TMcg). (Entered: 12/20/2012)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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Dec. 20, 2012 PACER
49

MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union. (Steinberg, Michael) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
50

NOTICE of hearing on 45 MOTION to Dismiss Amended Complaint,and 44 MOTION to Dismiss . Motion Hearing set for 3/7/2013 09:00 AM before District Judge Bernard A. Friedman Hearing to be held at Wayne State University Law School. (CMul) (Entered: 01/11/2013)

Jan. 11, 2013 PACER
51

ORDER GRANTING 49 Motion to File Amicus Curiae Brief. Signed by District Judge Bernard A. Friedman. (MWil) (Entered: 01/25/2013)

Jan. 25, 2013 RECAP
52

NOTICE by Bill, Jr. Bullard of withdrawal of 45 MOTION to Dismiss Amended Complaint . (Lerminiaux, Keith) (Entered: 02/12/2013)

Feb. 12, 2013 RECAP
53

SUPPLEMENTAL BRIEF re 46 Response to Motion, 25 MOTION for Summary Judgment, Brief in Support Plaintiffs' Memorandum of Law Regarding Recent Amendment to MCLA §710.24 filed by All Plaintiffs. (Stanyar, Carole) (Entered: 02/20/2013)

Feb. 20, 2013 RECAP
54

OPINION AND ORDER denying 44 Motion to Dismiss the amended complaint. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 07/01/2013)

July 1, 2013 RECAP
55

ATTORNEY APPEARANCE: Andrea J. Johnson appearing on behalf of Lisa Brown, Oakland County Clerk (Johnson, Andrea) (Entered: 07/03/2013)

July 3, 2013 PACER
56

ATTORNEY APPEARANCE: Michael L. Pitt appearing on behalf of Lisa Brown, Oakland County Clerk (Pitt, Michael) (Entered: 07/03/2013)

July 3, 2013 PACER
57

NOTICE of Appearance by Kristin M. Heyse on behalf of Bill Schuette, Richard Snyder. (Heyse, Kristin) (Entered: 07/08/2013)

July 8, 2013 PACER
58

ATTORNEY APPEARANCE: Beth M. Rivers appearing on behalf of Lisa Brown, Oakland County Clerk (Rivers, Beth) (Entered: 07/09/2013)

July 9, 2013 PACER
59

SCHEDULING ORDER: Dispositive Motion Cut-off set for 8/14/2013 Signed by District Judge Bernard A. Friedman. (Refer to image for additional dates) (CMul) Modified on 7/30/2013 (CMul). (Entered: 07/11/2013)

July 11, 2013 RECAP
60

ANSWER to Amended Complaint for Declaratory and Injunctive Relief by Bill Schuette, Richard Snyder. (Heyse, Kristin) (Entered: 07/22/2013)

July 22, 2013 RECAP
61

ANSWER to Amended Complaint for Declaratory and Injunctive Relief by Lisa Brown. (Johnson, Andrea) (Entered: 07/23/2013)

July 23, 2013 RECAP
62

CONSENT of Substitution of Counsel by Bill, Jr. Bullard (Lerminiaux, Keith) (Entered: 07/30/2013)

July 30, 2013 PACER
63

ORDER of Attorney Substitution. Attorney Michael L. Pitt for April DeBoer added. Signed by District Judge Bernard A. Friedman. (KKra) (Entered: 07/30/2013)

July 30, 2013 PACER
64

Amicus Curiae BRIEF by All Plaintiffs (Attachments: # 1 Document Continuation Amicus Brief Attachment, # 2 Index of Exhibits List of Attached Internet Sources Cited) (Gershel, Alan) (Entered: 08/12/2013)

1 Document Continuation Amicus Brief Attachment

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2 Index of Exhibits List of Attached Internet Sources Cited

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Aug. 12, 2013 PACER
65

MOTION Leave to File Amicus Brief in Support of Plaintiffs by Michigan Law Professors. (Attachments: # 1 Document Continuation Amicus Brief Attachment, # 2 Index of Exhibits Internet Sources Cited, # 3 Exhibit Attachments A through L, # 4 Exhibit Attachments N through R) (Gershel, Alan) (Entered: 08/12/2013)

1 Document Continuation Amicus Brief Attachment

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2 Index of Exhibits Internet Sources Cited

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3 Exhibit Attachments A through L

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4 Exhibit Attachments N through R

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Aug. 12, 2013 PACER
66

MOTION for Leave to File Brief Amici Curiae and Brief Amici Curiae as exhibit by Constitutional Law Scholars. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Soubly, Diane) (Entered: 08/13/2013)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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Aug. 13, 2013 PACER
67

Cross MOTION for Summary Judgment as to Counts I and II by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. Declaration of April DeBoer, 3/9/12, # 3 Exhibit 2. Declaration of Jayne Rowse, 3/10/12, # 4 Exhibit 3. Declaration of Wendy DeBoer, 3/9/12, # 5 Exhibit 4. Declaration of Cynthia Bostwick, 3/12/12, # 6 Exhibit 5. Declaration of Kathi Nelson, 3/12/12, # 7 Exhibit 6. Declaration of Jeanne Howard, 2/12/12, with attachments, # 8 Exhibit 6(a) Position Statement of the American Psychiatric Association, Adoption and Co-Parenting of Children by Same-Sex Couples, # 9 Exhibit 6(b) Curriculum Vitae of Jeanne Howard, Ph.D.) (Stanyar, Carole) (Entered: 08/14/2013)

1 Index of Exhibits

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2 Exhibit 1. Declaration of April DeBoer, 3/9/12

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3 Exhibit 2. Declaration of Jayne Rowse, 3/10/12

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4 Exhibit 3. Declaration of Wendy DeBoer, 3/9/12

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5 Exhibit 4. Declaration of Cynthia Bostwick, 3/12/12

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6 Exhibit 5. Declaration of Kathi Nelson, 3/12/12

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7 Exhibit 6. Declaration of Jeanne Howard, 2/12/12, with attachments

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8 Exhibit 6(a) Position Statement of the American Psychiatric Association, Adopti

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9 Exhibit 6(b) Curriculum Vitae of Jeanne Howard, Ph.D.

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Aug. 14, 2013 PACER
68

MOTION for Summary Judgment In Support of Plaintiffs by Lisa Brown. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exh 1 Oath of Office, # 3 Exhibit Exh 2 Michigan House Journal, # 4 Exhibit Exh 3 Legislative Analysis, # 5 Exhibit Exh 4 BLAG Brief) (Johnson, Andrea) Modified on 8/15/2013 (DWor). [DOCUMENT ENTITLED "DEFENDANT BROWN'S BRIEF IN SUPPORT OF SUMMARY JUDGMENT FOR PLAINTIFFS"] (Entered: 08/14/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exh 1 Oath of Office

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3 Exhibit Exh 2 Michigan House Journal

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4 Exhibit Exh 3 Legislative Analysis

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5 Exhibit Exh 4 BLAG Brief

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Aug. 14, 2013 PACER
69

MOTION for Summary Judgment by Bill Schuette, Richard Snyder. (Attachments: # 1 Document Continuation Brief in Support) (Heyse, Kristin) (Entered: 08/14/2013)

1 Document Continuation Brief in Support

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Aug. 14, 2013 PACER
70

MOTION for Leave to File Amicus Curiae Brief by Michigan Catholic Conference. (Attachments: # 1 Exhibit A) (Rheaume, Thomas) (Entered: 08/21/2013)

1 Exhibit A

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Aug. 21, 2013 PACER
71

MOTION for Leave to File Brief of Amicus Curiae Michigan Family Forum in Support of Defendants and Brief in Support of Motion by Michigan Family Forum. (Attachments: # 1 Brief of Amicus Curiae Michigan Family Forum in Support of Defendants) (Campbell, James) (Entered: 08/21/2013)

1 Brief of Amicus Curiae Michigan Family Forum in Support of Defendants

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Aug. 21, 2013 PACER
72

ORDER granting 65 Motion to file amicus curiae briefs; granting 66 Motion to File amicus curiae briefs; granting 70 Motion to File amicus curiae briefs; granting 71 Motion for Leave to File amicus curiae briefs;. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 08/29/2013)

Aug. 29, 2013 RECAP
73

MOTION for Leave to File Amici Curiae Brief by American Civil Liberties Union. (Attachments: # 1 Exhibit A, Amici Curiae Brief) (Kaplan, Jay) (Entered: 08/30/2013)

1 Exhibit A, Amici Curiae Brief

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Aug. 30, 2013 PACER
74

RESPONSE to 67 Cross MOTION for Summary Judgment as to Counts I and II filed by Bill Schuette, Richard Snyder. (Attachments: # 1 Exhibit) (Heyse, Kristin) (Entered: 09/09/2013)

1 Exhibit

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Sept. 9, 2013 PACER
75

RESPONSE to 68 MOTION for Summary Judgment In Support of Plaintiffs DEFENDANT BROWN'S filed by Lisa Brown. (Rivers, Beth) (Entered: 09/09/2013)

Sept. 9, 2013 PACER
76

RESPONSE to 69 MOTION for Summary Judgment filed by April DeBoer, J.D.-R, N.D.-R, R.D.-R, Jayne Rowse. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A, Brief of Amicus Curiae of American Sociological Association in Support of Respondent Kristin M. Perry and Respondent Edith Schlain Windsor, filed in Hollingsworth v Perry, S Ct #12-144, and United States v Windsor, S Ct #12-307, # 3 Exhibit Exhibit B, Second Declaration of Jeanne Howard, September 9, 2013, # 4 Exhibit Exhibit C, M. Regnerus, Q & A With Mark Regnerus About the Background of His New Study, (2012), http://www.patheos.com/blogs/blackwhiteandgray/2012/06/q-a-with-mark-regnerus-about-the-background-of-his-new-study/, # 5 Exhibit Exhibit D, Current Preamble to Marriage from a Childs Perspective: How Does Family Structure Affect Children...?, K. Moore, S. Jekielek, and C. Emig, Child Trends Research Brief) (Stanyar, Carole) (Entered: 09/09/2013)

1 Index of Exhibits

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2 Exhibit Exhibit A, Brief of Amicus Curiae of American Sociological Association i

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3 Exhibit Exhibit B, Second Declaration of Jeanne Howard, September 9, 2013

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4 Exhibit Exhibit C, M. Regnerus, Q & A With Mark Regnerus About the Background of

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5 Exhibit Exhibit D, Current Preamble to Marriage from a Childs Perspective: How D

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Sept. 9, 2013 PACER
77

NOTICE OF HEARING on 67 Cross MOTION for Summary Judgment as to Counts I and II, 69 MOTION for Summary Judgment, and 68 MOTION for Summary Judgment In Support of Plaintiffs. Motion Hearing set for Wednesday, 10/16/2013 02:30 PM before District Judge Bernard A. Friedman Courtroom #100 (CMul) (Entered: 09/10/2013)

Sept. 10, 2013 RECAP
78

REPLY to Response re 67 Cross MOTION for Summary Judgment as to Counts I and II filed by All Plaintiffs. (Stanyar, Carole) (Entered: 09/17/2013)

Sept. 17, 2013 RECAP
79

REPLY to Response re 69 MOTION for Summary Judgment filed by Bill Schuette, Richard Snyder. (Heyse, Kristin) (Entered: 09/17/2013)

Sept. 17, 2013 RECAP
80

REPLY to Response re 68 MOTION for Summary Judgment In Support of Plaintiffs, 67 Cross MOTION for Summary Judgment as to Counts I and II filed by Lisa Brown. (Johnson, Andrea) (Entered: 09/17/2013)

Sept. 17, 2013 RECAP
81

NOTICE by All Plaintiffs Notice of Filing Exhibit in Support of Plaintiffs' Motion for Summary Judgment (Attachments: # 1 Index of Exhibits, # 2 Exhibit Excerpts of Deposition of Loren Marks, 10/30/09, filed in Perry v Schwarzenegger, N.D.Cal. No 10-16696,11/1/10) (Stanyar, Carole) (Entered: 09/25/2013)

1 Index of Exhibits

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2 Exhibit Excerpts of Deposition of Loren Marks, 10/30/09, filed in Perry v Schwar

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Sept. 25, 2013 PACER
82

MOTION for Order to Realign the Parties by Bill Schuette, Richard Snyder. (Heyse, Kristin) (Entered: 10/02/2013)

Oct. 2, 2013 RECAP
83

ORDER granting 73 Motion for Leave to File. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 10/04/2013)

Oct. 4, 2013 RECAP
84

RESPONSE to 82 MOTION for Order to Realign the Parties filed by All Plaintiffs. (Mogill, Kenneth) (Entered: 10/08/2013)

Oct. 8, 2013 RECAP
85

NOTICE of Appearance by Robert A. Sedler on behalf of All Plaintiffs. (Sedler, Robert) (Entered: 10/09/2013)

Oct. 9, 2013 RECAP
86

REPLY to Response re 82 MOTION for Order to Realign the Parties filed by Bill Schuette, Richard Snyder. (Heyse, Kristin) (Entered: 10/10/2013)

Oct. 10, 2013 PACER
87

REPLY to Response re 82 MOTION for Order to Realign the Parties Corrected to Remove Error Messages on page 1 filed by Bill Schuette, Richard Snyder. (Heyse, Kristin) (Entered: 10/11/2013)

Oct. 11, 2013 RECAP
88

RESPONSE to 82 MOTION for Order to Realign the Parties filed by Lisa Brown. (Johnson, Andrea) (Entered: 10/11/2013)

Oct. 11, 2013 RECAP
89

OPINION AND ORDER denying 67 Motion for Summary Judgment and denying 69 Motion for Summary Judgment. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 10/16/2013)

Oct. 16, 2013 PACER
90

NOTICE TO APPEAR: Bench Trial set for 2/25/2014 09:00 AM before District Judge Bernard A. Friedman (CMul) (Entered: 10/16/2013)

Oct. 16, 2013 RECAP
91

NOTICE TO APPEAR BY TELEPHONE: Tele - Status Conference set for 11/12/2013 02:30 PM before District Judge Bernard A. Friedman Plaintiff to initiate call. (CMul) (Entered: 10/31/2013)

Oct. 31, 2013 RECAP
92

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 11/12/2013 01:00 PM before District Judge Bernard A. Friedman (CMul) (Entered: 11/05/2013)

Nov. 5, 2013 RECAP
93

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 11/14/2013 10:30 AM before District Judge Bernard A. Friedman (CMul) (Entered: 11/12/2013)

Nov. 12, 2013 RECAP
94

STIPULATION AND ORDER regarding witness list deadlines Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 11/15/2013)

Nov. 15, 2013 RECAP
95

State Defendants' WITNESS LIST by All Defendants (Heyse, Kristin) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
96

WITNESS LIST by All Plaintiffs (Stanyar, Carole) (Entered: 11/15/2013)

Nov. 15, 2013 RECAP
97

STIPULATION AND ORDER regarding pretrial deadlines and discovery Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 11/21/2013)

Nov. 21, 2013 RECAP
98

[STRICKEN] CERTIFICATE OF SERVICE by Richard Snyder Defendants' First Set of Interrogatories and Requests to Produce to Plaintiffs (Heyse, Kristin) Modified on 11/21/2013 (KKra). (Entered: 11/21/2013)

Nov. 21, 2013 PACER
99

Amended WITNESS LIST by All Plaintiffs (Stanyar, Carole) (Entered: 11/24/2013)

Nov. 24, 2013 RECAP
100

MOTION to Bifurcate Proceedings Relating to Presentation of Testimony on Equal Protection Heightened Scrutiny Based on Suspect or Quasi-Suspect Class by All Plaintiffs. (Stanyar, Carole) (Entered: 11/24/2013)

Nov. 24, 2013 RECAP

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Jan. 23, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same-sex couple challenging Michigan laws prohibiting second parent adoption by unmarried persons and the Michigan Marriage Amendment prohibiting same-sex couples from marrying.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

GLAD (GLBTQ Legal Advocates & Defenders)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County Clerk (Oakland), County

State of Michigan, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: 34,209.80

Order Duration: 2015 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Adoption

Disparate Treatment

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sexual orientatation

Affected Gender:

Female

Male