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2:14-cv-12221 #19

2:14-cv-12221 #19

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Published by Equality Case Files
Doc 19 - Plaintiffs' Response to Motion to Stay
Doc 19 - Plaintiffs' Response to Motion to Stay

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Published by: Equality Case Files on Aug 17, 2014
Copyright:Traditional Copyright: All rights reserved


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 ERIN DAWN BLANKENSHIP, individually and as parent and next friend of G.B. and S.B., minors, and SHAYLA BLANKENSHIP, individually and as parent and next friend of G.B. and S.B., minors, Case no.: 14-cv-12221 Plaintiffs, HON. ARTHUR J. TARNOW vs. MAG. MICHAEL J. HLUCHANIUK RICK SNYDER, in his official capacity as Governor of the State of Michigan, BILL SCHUETTE, in his official capacity as Attorney General for the State of Michigan, JOHN GLEASON, in his official capacity as Genesee County Clerk, and JAMES BAUER, in his official capacity as Administrator of the Probate Court for Genesee County, Defendants.  _________________________________________/
 1. Admitted. 2. Plaintiffs admit that the decision in
v. Snyder 
, 973 F.Supp 2d 757 (E.D. Mich. 2014) was issued issued on Friday, March 21, 2014. 3. Admitted. 4. Admitted. 5. Plaintiffs admit only that a temporary stay was granted. 6. Plaintiffs admit that the
 judgment was stayed. 7. Plaintiffs neither admit nor deny that local clerks publicized special hours or waiver of waiting periods as they are without personal knowledge.
2:14-cv-12221-AJT-MJH Doc # 19 Filed 08/14/14 Pg 1 of 3 Pg ID 263
8. Plaintiffs admit that a number of previously unmarried Michigan same-sex couples were granted marriage licenses on March 22, 2014. 9. Plaintiffs admit that the effect of the
case was the removal of any state constitutional impediment to recognition of their valid, federally-recognized out-of-state marriage license. Plaintiffs deny that this is the sole basis for recognition of their marriage. 10. Admitted. 11.
Denied. Recognition of Plaintiffs’ marriage license is not
 dependent on any outcome in the
 litigation, and the ultimate resolution of
does not control the disposition of this case. Even if the State of Michigan prevails in
, the
 litigation will not resolve this case nor will it resolve the effect of the recognition window, the constitutionality of any remaining refusal to recognize out-of-state marriages entered into in neighboring jurisdictions under the Equal Protection Clause or the right to remain married under the Due Process Clause. 12. Plaintiffs admit that there are recognition cases in other jurisdictions pending before the Sixth Circuit. Plaintiffs deny that these cases will be dispositive and doubts that they will offer much instruction beyond that which is offered by prevailing precedent in sister
circuits that favor Plaintiffs’ claims.
13. Denied. There is no likelihood of confusion or potential for harm simply by allowing this case to proceed. To the contrary, holding this case in abeyance raises serious questions abo
ut likely harm not only to Plaintiffs’ rights but also the rights of third
 parties, and sets a dangerous precedent for constitutional litigation.
2:14-cv-12221-AJT-MJH Doc # 19 Filed 08/14/14 Pg 2 of 3 Pg ID 264
Dated: Aug. 14, 2014 By: /s/ Alec S. Gibbs Alec S. Gibbs (P73693) Law Offices of Gregory T. Gibbs Attorneys for Plaintiffs 717 S. Grand Traverse St Flint, MI 48502 gibbsale@gmail.com 
The undersig
ned certifies that Plaintiffs’
Response and Supporting Brief was served upon
counsel of record via the Court’s ECF System to their respective email addresses disclosed on the
 Notice of Electronic Filing on August 14, 2014. By: /s/ Alec S. Gibbs Alec S. Gibbs (P73593) Attorney for Plaintiffs 717 S. Grand Traverse Street Flint, Michigan 48502 (810) 239-9470 gibbsale@gmail.com
2:14-cv-12221-AJT-MJH Doc # 19 Filed 08/14/14 Pg 3 of 3 Pg ID 265

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