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NUMERO 16 - 06/08/2014

stato » dottrina - di Neliana Rodean

 When “the will of the people” no longer matters. Reflections on the unconstitutionality of Michigan Marriage Amendment

2014 has been a huge year for the freedom to marry - in just over three months, we've seen nine huge federal court victories in states across the country, and in total, there are more than 60 lawsuits seeking the freedom to marry or respect for same-sex couples' marriages working their way through the system in 29 states or territories. After a November 2004 voter-approved amendment to the Michigan Constitution that prohibits same-sex marriage (hereinafter the “Michigan Marriage Amendment” - “MMA”), the new Art. I, § 25 states: “To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.” After ten years, on March 21, 2014, the Senior United States District Judge for the Eastern District of Michigan, Bernard Friedman, declared the state's same-sex marriage ban unconstitutional in DeBoer v. Snyder case... (segue)



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