DETROIT – Plaintiffs' Attorneys in DeBoer v. Snyder today submitted their response to the 6th Circuit Court of Appeals in response to Attorney General Bill Schuette's request for an emergency stay of Judge Friedman's sweeping decision in favor of marriage equality.
The attorneys object to the stay on two grounds. First, they argue that the state's attorney's skipped a step by not requesting Judge Friedman to stay his own order. "…contrary to the State Defendants-Appellants' claim otherwise, Judge Friedman has not 'effectively denied the stay pending appeal by failing to rule on it.'"
Second, they argue that Judge Friedman's ruling is so strong and based on such compelling evidence that there is no reason for a stay to be issued. "Permitting loving same-sex couples to marry pending the outcome of this appeal will not harm the state in any way; permitting the children of loving same-sex couples to have two legally recognized parents will not harm the state in any way."
The 6th Circuit court of Appeals is scheduled to rule on Wednesday on whether to grant an emergency stay or to let the temporary stay they issued on Saturday to expire.
Oakland County clerk Lisa Brown also submitted a request that the stay be denied. A named defendant in the suit, Brown gave several examples of the harm that would be caused by continuing a stay. For example, she wrote, "If any individual in a same-sex couple wishing to marry passes away during the stay, these marital benefits and their constitutional right to marry and to be afforded equal protection of the low will forever be denied. A stay will cause irreparable harm to Plaintiffs and same-sex couples, not the State Defendants-Appellants."