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How Caspar Decision Impacts Michiganders

BY JAY KAPLAN
On Jan. 15, Federal District Judge Mark Goldsmith held that the state of Michigan's refusal to recognize the legal marriages of more than 300 same-sex couples who legally wed on March 22, 2014 (during the window period of the DeBoer decision when Michigan's prohibition on same-sex couples was struck down) is unconstitutional. He issued a preliminary injunction, ordering the state to recognize those marriages and accord them with state benefits associated with Michigan legal marriages.
The following are some questions and answers about the case and today's decision.

How does Caspar v Snyder differ from the DeBoer v Snyder marriage case?
The DeBoer case focuses on the right of same-sex couples to marry. In Caspar, the couples in the case are already legally married. Caspar focuses on the right of same-sex couples who legally married under state law to stay married.

Does the Caspar decision apply to same-sex couples in Michigan who were legally wed in other states?
No — the issue of whether Michigan must recognize out of state marriages between same-sex couples is being addressed in the DeBoer case, which challenges Michigan laws that not only prohibit same-sex couples from marrying, but also deny recognition of out of state marriages.

What's the practical effect of the Caspar decision?
That the legal marriages of the 300-plus same-sex couples have to be recognized by the state of Michigan and that they have to be provided with state benefits associated with legal marriages. The state cannot undo a marriage that was legal at the time it was solemnized.

The Judge issued a stay of his decision for 21 days. What does this mean?
This means he put his decision on hold for 21 days to allow the state to decide whether it wishes to appeal the decision to the 6th Circuit Court of Appeals. This means that the state does not have to begin recognizing these 300 marriages for at least 21 days.

What could happen in the next 21 days? What are the different scenarios?
Under the best scenario, the state of Michigan will not appeal and in 21 days will begin recognizing the 300 legal marriages and providing these couples with benefits.

The state could appeal and request that the 6th Circuit stay Judge Goldsmith's ruling, pending the appeal. If the 6th Circuit refuses to grant the stay, the state would still have to recognize the marriages while the appeal is pending (absent the United States Supreme Court issuing a stay). If the 6th Circuit does grant a stay of the decision, it will be put on hold while the appeal is pending. That would be the worst scenario.

The United States Supreme Court may be taking a marriage equality case(s) this term. DeBoer v Snyder could be the case that the Court decides to hear. How does this impact the marriages of the 300-plus couples in Michigan?

We both hope and believe that the Supreme Court will take a marriage case and render a favorable case on marriage equality that will provide finality on the issue of the right of same-sex couples to marry. However, regardless of how the United States Supreme Court decides the right of same-sex couples to marry, this will not impact the legal validity of the Michigan marriages of the 300-plus same-sex couples. They were legally married in Michigan and the law said that they could marry at the time they wed. A change in law or a change in court decision does not invalidate that which was legal. There is a long line of legal decisions that support this principle with regards to marriages.

What should the 300-plus couples do right now with regards to applying for state benefits, filing for stepparent adoptions, state income taxes, etc.?
They should wait until the 21 days are up to see what happens before requesting any state recognition or benefits associated with their marriage. In the meantime they can contact the ACLU of Michigan (313-578-6812) with questions regarding their marriage and the impact of the Caspar decision.

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