A lawsuit filed by a lesbian couple fighting to overturn Michigan’s ban on same-sex marriage has earned a small victory.
In a motion filed Tuesday, newly elected Oakland County Clerk Lisa Brown said the county no longer wants to challenge the suit filed last year in federal court against Gov. Rick Snyder, Attorney General Bill Schuette and former Oakland County Clerk Bill Bullard.
“She’s essentially conceding that these very discriminatory laws are unconstitutional, ” said Dana Nessel, the couple’s attorney.
April DeBoer and her partner, Jayne Rowse, originally filed suit last year in their fight to jointly adopt their three special needs children. But a federal judge encouraged the couple to instead challenge the state’s definition of marriage.
Judge Bernard Friedman said that’s really the underlying issue in their quest for joint adoption.
DeBoer and Rowse were certified by the state as a couple to foster the children, but the state only allowed them to adopt them as individuals. They want their children to have two legal parents.
Snyder and Schuette filed motions last year asking that the suit be dropped.
A hearing is scheduled for early March.