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File #: 14-0813    Version: 1 Name: 05/19/14 Authorization to Join Amicus Brief in Deboer v Snyder and Schuette
Type: Resolution Status: Passed
File created: 5/19/2014 In control: City Council
On agenda: 5/19/2014 Final action: 5/19/2014
Enactment date: 5/19/2014 Enactment #: R-14-155
Title: Resolution Authorizing the City of Ann Arbor to be Listed as a Supporting Municipality in an Amicus Brief to be filed with the United State Court of Appeals for the Sixth Circuit in Deboer v Snyder and Schuette
Sponsors: Sabra Briere, Christopher Taylor, Margie Teall, Chuck Warpehoski
Title
Resolution Authorizing the City of Ann Arbor to be Listed as a Supporting Municipality in an Amicus Brief to be filed with the United State Court of Appeals for the Sixth Circuit in Deboer v Snyder and Schuette
Memorandum
This resolution authorizes the City of Ann Arbor to join the amicus brief in Deboer v Snyder and Schuette , currently on appeal in the United State Court of Appeals for the Sixth Circuit, for the purpose of supporting plaintiff's position that the "Michigan Marriage Amendment" Article 1, Section 25 of the Michigan Constitution is unconstitutional.
Staff
Prepared by: Mary Joan Fales, Senior Assistant City Attorney
Reviewed by: Stephen K. Postema, City Attorney
Sponsored by: Council members Taylor, Briere, Warphehoski, and Teall
Body
Whereas, Michigan voters approved the "Michigan Marriage Amendment" (MMA) being Article 1, Section 25 of the Michigan Constitution, which prohibits same-sex marriages;

Whereas, On March 21, 2014, the United States District Court, Eastern District of Michigan, Southern Division held Article 1, Section 25 of the Michigan Constitution (MMA) unconstitutional in the case of April Deboer et al v Richard Snyder, et al, Civil Action No. 12-CV-10285;

Whereas, Hon. Bernard A. Friedman, finding April Deboer et al v Richard Snyder, et al that the MMA impermissibly discriminates against same-sex couples in violation of the Equal Protection Clause of the U.S. Constitution because the MMA does not advance any conceivable legitimate state interest;

Whereas, The State Defendants have appealed the decision to the United States Court of Appeals for the Sixth Circuit, Case Number 6th Cir#14-1341 ED Mi #12-civ-10285;

Whereas, Parties supporting plaintiff's position are filing an amicus brief in the appeal in support of the lower court decision and have requested that the City of Ann Arbor join in the amicus brief;

Whereas, The City of Ann Arbor has been a leader in the legal recognition of same-s...

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