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 Supreme Court in April DeBoer, et al., v. Rick Snyder, Governor of Michigan, et al
Memorandum
This resolution authorizes the City of Ann Arbor to join the amicus brief in DeBoer v Snyder, currently on appeal to the United States Supreme Court, 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: Mayor Taylor and Councilmembers Briere, Grand, Warpehoski, Westphal and Eaton
Body
Whereas, Michigan voters approved the "Michigan Marriage Amendment" (MMA), being Article 1, Section 25 of the Michigan Constitution, 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, held 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 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, The City Council of the City of Ann Arbor formally supported and authorized its listing as a Supporting Municipality in an Amicus Brief filed with United States Court of Appeal in the matter (City of Ann Arbor Resolution R-14-155)
Whereas, On appeal, the Hon. Jeffrey S. Sutton, delivered the opinion of the Court reversing the lower cour...
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