Huge Week Ahead for Michigan Marriage Equality Advocates

Huge changes may be in store for Michigan over the next two weeks and social justice advocates should pay close attention. Tuesday, February 25, 2014 begins an eight-day trial that will determine the constitutionality of two Michigan laws: Michigan’s adoption code (which prevents any two unmarried people from jointly adopting children) and Michigan’s constitutional ban on same-sex marriage.

The case before Judge Bernard Friedman seeks to overturn Michigan’s marriage amendment, which defines marriage as a legal union between a man and a woman. April DeBoer and her longtime partner, Jayne Rowse originally challenged the Michigan adoption ban after attempting to jointly adopt the three special-needs children they have been raising since 2010. Under Michigan’s current law, unmarried couples (whether same-sex or not) cannot jointly adopt. If DeBoer happened to pass away or become unable to take care of the children, Rowse would have no legal rights to the children she has helped raise.

Over the last several months all or at least portions of state laws in Kentucky, Ohio, Oklahoma, Utah and Virginia that ban same-sex marriage have been struck down, leading to an ever-growing precedent that the same will occur in Michigan. Additionally, June’s Supreme Court strike down of the Defense of Marriage Act in Windsor v. United States has already created changes in many federal policies.

If Friedman overturns the ban on gay marriage and same-sex adoption, Michigan Attorney General Bill Schuette, is expected to immediately issue a stay/appeal the decision to the 6th U.S. Circuit Court of Appeals in Cincinnati, where a similar Ohio case is under appeal.

Mr. Schuette is a defendant in the federal lawsuit. If this stay occurs, an impact of the Judge Friedman’s decision could be delayed for months or even years.

"Michigan supports natural procreation and recognizes that children benefit from being raised by parents of each sex who can then serve as role models of the sexes both individually and together in matrimony," says a brief filed by the state. However, studies have consistently proven that children of lesbian or gay parents are as well-adjusted as those of non-gay parents. Excluding gay and lesbian couples from marriage harms children by denying them and their parents the support that would come to their families through the freedom to marry.

All major child welfare experts, including the National Association of Social Workers, the American Academy of Pediatrics , the American Psychiatric Association, and the American Psychological Association, support the freedom to marry for gay and lesbian couples because all children deserve the right to insurance coverage, social security, emergency care and inheritance rights no matter who their parents are. All families benefit from the reassurance that comes from knowing that your family is safe and secure.

As social work’s professional association, "NASW supports the adoption of local, state, federal, and international policies/legislation that ban all forms of discrimination based on sexual orientation. Lesbian, Gay and Bisexual people must be granted all rights, privileges, and responsibilities that are granted to heterosexual people, including but not limited to inheritance rights, insurance, marriage, child custody, employment, credit, and immigration. (Social Work Speaks, 2012).”

Social workers have an ethical obligation to speak out against unjust policies, Child welfare and adoption experts are encouraged to contact the NASW Michigan Chapter office (517-487-1548, ex 15) if you are willing to give testimony or would like to be interviewed.

It is time for all Michigan families to be recognized and respected equally.

Duane Breijak, LLMSW. Director of Member Services & Development. National Association of Social Workers –Michigan Chapter

From The Detroit News: http://www.detroitnews.com/article/20140224/POLITICS02/302240020#ixzz2uHDDbRh1

From the Detroit Free Press:

http://www.freep.com/article/20140223/COL04/302230045/Brian-Dickerson-Will-Michigan-s-same-sex-marriage-showdown-historical-footnote-

From Michigan Radio:

http://michiganradio.org/post/fight-same-sex-marriage-continues

From NBC News:

http://www.nbcnews.com/news/us-news/same-sex-marriage-lawsuits-exploding-u-s-courts-n35141