Fight continues over ban against same-sex marriage

John Bursch fights to keep ban in place

DETROIT – He's the hired gun being brought in to argue in favor of upholding Michigan's ban on gay marriage, but for John Bursch, this case isn't about the definition of marriage, it's about upholding Michigan's Constitution.

The urban legend around Bursch is that he didn't miss a single question on the bar exam, something he laughs off, but his reputation is that of a top legal mind.

"This case isn't about the best way to define marriage," Bursch said. "Frankly, the Attorney General's Office has no interest in how to define marriage; the question is about who gets to decide that question."

In 2004, Michigan voters supported a ballot initiative that defined marriage as one man and one woman. A lawsuit brought by a lesbian couple from Hazel Park is looking to overturn it.

April DeBoer and Jayne Rowse want to be able to adopt each other's children -- something Michigan's ban on same sex marriage won't allow for. They won at the federal level, but were then overturned at the federal appeals court. Now their case is going all the way to the Supreme Court on April 28.

The big question DeBoer and Rowse are asking is: Does the 14th Amendment provide for gay marriage? The marriage equality movement says yes, Bursch says no.

"The definition of marriage (is) between a man and a woman -- the definition we've had since before we were even a state, when Michigan was still a territory in 1805. The constitution doesn't say anything about whether that's right or wrong."

The Supreme Court has used the 14th Amendment in a broad range of cases, and will it use it here to affirm gay marriage remains to be seen.

Opinion is divided in the legal community about what kind of success Bursch will have and whether fighting to keep Michigan's ban in place is appropriate. Other state attorney generals have opted not to fight to keep bans in place. Bursch said that's not appropriate.

"For me, being on the wrong side of history would not be willing to stand up and defend part of Michigan's state constitution that 2.7 million people voted in favor for. In this case, we're standing up for democracy."


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