Local same-sex couple to have case heard by court of appeals

Local same-sex couple to have case heard by court of appeals

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(WJBK) -

The DeBoer-Rowse children Nolan, 5 and Jacob and Ryanne, both 4,  spend a summer afternoon like a lot of other kids. But unlike a lot of families they are in legal limbo.

"Ryanne asks every now and then if we're able to get married yet so - but I don't think they know the whole weight of what we're doing," said April DeBoer.

What April DeBoer and Jayne Rowse are doing is trying to change Michigan law - so that they can jointly adopt their children.

Federal judge Bernard Friedman recommended they challenge Michigan's ban on same sex marriage. They did, there was a trial  and then a victory..

Three hundred same sex couples rushed out to get married but a stay has prevented those marriages from being recognized.

Now DeBoer and Rowse are headed to Cincinnati - to the Sixth Circuit Court of Appeals - where a three judge panel will hear cases from Michigan, Ohio, Kentucky and Tennessee on Wednesday.

It is going to be an incredible day and I am certainly looking forward to being there for it," said attorney Dana Nessel.
 
Nessel said she is disappointed he's disappointed michigan's attorney general appealed Friedman's ruling.

A spokesperson for Attorney General Bill Schuette told Fox 2 that Schuette is fulfilling his duty to defend the Constitution.  Ultimately, we expect this issue to be decided by the U.S. Supreme Court, most likely via Utah's case, which is further along than Michigan's.  We hope to see a resolution as soon as possible.

As for DeBoer and Rowse - a resolution can't come soon enough.

"We want to protect our kids and our family," DeBoer said. "And we want to be recognized as a legal family, and that's really what our fight is about."  

 "We said well - somebody's got to take a stand," Rowse said. "It's either now or it's going to be later. It's going to happen. It ended up being us, we're pretty proud of it."

"While April and Jayne say they are waging this fight for their children, it will also impact many other children, couples and families who find themselves in similar situations."

A ruling from the Michigan Court of Appeals is not expected for a few months.

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