US: Gay couples assert that anti-gay marriage arguments ‘don’t hold water’ in court filing

Arguments against recognising the marriage of some 300 married same-sex couples in Michigan “don’t hold water”, a court filing argues.

Not long after a judge declared Michigan’s ban on same-sex marriage unconstitutional in March, an appeals court issued a stay against the ruling.

Ruling since, US District Judge Bernard Friedman suggested that upholding a ban on same-sex marriage would be unfair to the children of gay couples, and said it was unconstitutional.

However, clerks in Michigan were then told to cease issuing marriage licenses to hundreds of same-sex couples after a motion of stay once more temporarily reinstated the ban.

Eight couples have now filed a motion stating that arguments against same-sex marriage were not valid.

“Defendants’ response boils down to three points. First, the Sixth Circuit made them do it. Second, plaintiffs don’t have it that bad. Third, plaintiffs brought this on themselves by getting married in the first place. None of these responses holds water,” lawyers for the eight couples wrote.

Governor Rick Snyder, has said the some 300 marriages were “legal and valid”, but that the state would not recognise them.

The US Attorney general Eric Holder has, however, announced the marriages will be recognised by the federal Government.

The state argues that a 2004 voter-approved ban on same-sex marriage defines marriage as between one man and one woman.

• Nov 29 2023

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