Two women seeking equality in a state where some couples are more equal than others.

Thursday, November 6, 2014

AP Mobile, the Sixth Circuit, and Marriage Equality: Be Still My Heart

As Gru from Despicable Me once said, "I have pins and needles that I'm sitting on." Since the 6th Circuit heard Michigan's (and several other states') case for marriage equality, we've been awaiting a ruling. It should have come well before now - if I'd delayed a major term paper this long, I probably would have gotten a failing grade on this assignment. An employee in anything other than government probably would have been fired for this much of a delay. But the courts apparently do what they want, despite the impact on those around them.

For those of you who are confused about what is happening, that is understandable. Some of you may believe that a judge already struck down Michigan's ban on marriage equality. This is true - that happened in March. Since then, the state has been unconstitutionally denying same sex couples their rights via a stay on the ruling until the appeal is complete. Republicans have delayed everything as much as possible because they know that the stay/delay combination maintains the status quo.  The 6th Circuit heard the appeal during the summer but hadn't decided anything, so the stay is in place.

So I've been on edge every time an AP Mobile alert comes through, hoping that the 6th Circuit would finally do its job and decide. My preference would have been for them to keep up with the trends from other circuit courts, but even a negative decision would have forced the case to the Supreme Court and some form of resolution. That alert hadn't come. And hadn't come. I had started a list of other ways we could get marriage equality, but then Michigan re-elected Rick Snyder and Bill Schuette, both of whom have either pushed or not resisted the homophobic agenda of Michigan Republicans.

I was sitting in a quiet classroom proctoring when today's alert came, and I glimpsed something about a federal appeals court. All it said was that the 6th had upheld these states' right to discriminate, with no linked full-length story. A web search brought up this Think Progress story that gives a little more detail about what is likely to happen next.

But I didn't really need to read that to know that we're headed up to the Supreme Court. I am disappointed that the stay will not be lifted shortly. I continue to be concerned about what will happen come tax time and to worry about whether my family is sufficiently defended.

I am encouraged, though, that at least we are moving. I believe that justice delayed is justice denied, so forward movement here likely means that we will have equality soon. I believe that work, injustice, and discussion expand to fill the allotted time as long as the well-meaning will let them. At least the 6th Circuit has ended its discussion so that someone else can take it up.

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