Public Advocate Files Legal Brief On Michigan Case Accepted By the Supreme Court
Late Friday night, January 16, the U.S. Supreme Court announced that it would accept hearings on same sex marriage. One of those hearings is from a case in Michigan which prompted Eugene Delgaudio and Public Advocate to file an Amicus Curiae, which can be seen below.
Background on Michigan Case
On March 21, 2014, federal district judge Bernard Friedman struck down MMA as a violation of the equal protection clause. On May 14, 2014 Public Advocate filed an amicus curiae brief in support of traditional marriage in he U.S. Court of Appeals for the Sixth Circuit. On November 6, 2014, the Sixth Circuit overturned Judge Friedman's decision.
The U.S. Supreme Court has now agreed to review the case.
In parallel with the court brief, Public Advocate President Eugene Delgaudio said, "my legal pleadings will confront Judge Friedman's opinion and tell him he was wrong as to every issue he addressed. He disregarded the text and meaning of the Fourteenth Amendment, treating homosexual sexuality behavior as the equivalent of a person's race. He elevated the testimony of a psychologist and a sociologist who favored homosexual marriage over the collective judgment of the people of Michigan. Lastly, Judge Friedman ignored the fact that marriage was defined not by man but by God, and it is not within our authority to change what God has created."
In 2004, 59 percent of the people of Michigan voted to amend their state constitution, passing the Michigan Marriage Amendment ("MMA"). That Amendment defines marriage as a union of one man and one woman.
A lesbian couple wanting to jointly adopt children brought a challenge to MMA in federal court claimed it violated the U.S. Constitution Fourteenth Amendment's equal protection clause and due process clause.
On March 21, 2014, federal district judge Bernard Friedman struck down MMA as a violation of the equal protection clause. That decision is now on appeal to the U.S. Court of Appeals for the Sixth Circuit, where Public Advocate filed an amicus curiae brief in support of traditional marriage.
You can view the filed court brief here;