The U.S. 6th Circuit Court of Appeals has denied the state's request for a full 15-judge review of a March ruling by a federal district judge who found Michigan's gay marriage ban unconstitutional.
Attorney General Bill Schuette had filed a petition requesting the three-judge panel bypass an initial hearing and instead hold a single "en banc" hearing to move the case forward more quickly, and minimize delays in ultimately reaching the U.S. Supreme Court. The appeals court voted 2-1 last month to extend its temporary stay on same-sex marriages until formal arguments are heard in the case.
The appeals court has set May and June deadlines for briefs to be filed in the case. U.S. District Judge Bernard Friedman ruled that Michigan’s ban on gay marriage and same-sex adoption which was approved by voters in 2004, violates the U.S. Constitution's Equal Protection Clause.
The attorney general believes a similar Utah case that's further along in the appeals process will eventually decide the issue with a ruling from the Supreme Court.
Governor Rick Snyder has said that the 300 or so same-sex marriages that took place in four counties before the stay was issued are legal, however they won't be recognized by the state.