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Benson: Same Sex Marriage Ban Ruling Will Go On to U.S. Supreme Court

Benson: Same Sex Marriage Ban Ruling Will Go On to U.S. Supreme Court

A southeast Michigan Federal Judge's ruling striking down Michigan's ban on gay marriage is a prelude to Supreme Court Action, according to a legal expert.

Cooley Law School Professor Curt Benson, WOOD Radio's "The Lawyers" co-host said today's decision by Judge Bernard Friedman was positioned by the highest court's finding in the "Winslow" case, dismantling portions of the Defense of Marriage Act. "Justice (Anthony) Kennedy, who authored that opinion wrote it in such a way as to send a strong signal that when and if this same sex marriage case comes before the courts, (they) would probably find it unconstitutional."

Michigan Attorney General Bill Schuette issued a statement after the ruling to say he'll file a request for an emergency stay and an appeal to the 6th U.S. Circuit Court in Cincinnati. Benson said that is likely to be approved and give "Schuette a chance to appeal because everybody knows this is going to work its way up to the Supreme Court."

 

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