A trial challenging the state’s voter-approved ban on same sex marriage is set to begin Tuesday in Detroit.

U.S. District Judge Bernard Friedman will hear the case brought by April DeBoer and her partner Jayne Rowse.

The couple sued the state for the right to adopt each other’s children with the marriage equality ban as part of the suit.

State Attorney General Bill Schuette argues that marriage between a man and a woman is the best possible environment for the health and wellness of the children.

Schuette states that the ban is to ensure that relations benefit, rather than harm, society and threatens to appeal if the ban is overturned.

Since the trial date was set federal courts have struck down ban in Kentucky, Ohio, Oklahoma, Utah and Virginia. Michigan voters approved the same sex marriage ban in 2004.