2:12-cv-10038 #100
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Transcript of 2:12-cv-10038 #100
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THERESA BASSETT and CAROL
KENNEDY, PETER WAYS and JOE
BREAKEY, JOLINDA JACH and
BARBARA RAMBER, DOAK BLOSS
and GERARDO ASCHERI, DENISE
MILLER and MICHELLE JOHNSON,
Plaintiffs,
v
RICHARD SNYDER, in his official
capacity as Governor of the State of
Michigan,
Defendant.
No. 2:12-cv-10038
HON. DAVID M. LAWSON
MAG. MICHAEL J.
HLUCHANIUK
DEFENDANT’S MOTION
TO HOLD CASE IN
ABEYANCE PENDING
FINAL DECISION IN
DEBOER, ET. AL. V.
SNYDER, ET. AL, SIXTH
CIRCUIT COURT OF
APPEALS NO. 14-1341
Michael J. Steinberg (P43085)
American Civil Liberties Union Fund of
Michigan
Attorney for Plaintiffs
2966 Woodward Avenue
Detroit, MI 48201
(313) 578-6814
Amanda C. Goad
American Civil Liberties Union
Foundation
Attorney for Plaintiffs 1313 West 8th Street
Los Angeles, CA 90017
Telephone: (213) 977-9500
Facsimile: (213) 977-5273
Margaret A. Nelson (P30342)
Mark E. Donnelly (P39281)
Rock A. Wood (P41181)
Michael F. Murphy (P29213)
Attorneys for Defendant
Michigan Dept. of Attorney General
Public Employment, Elections & Tort Division
P.O. Box 30736
Lansing, MI 48909
(517) 373-6434
John A. Knight
American Civil Liberties Union of
IL
Attorney for Plaintiffs
180 N. Michigan Ave, Ste. 2300
Chicago, IL 60601
(312) 201-9740
/
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 1 of 17 Pg ID 4744
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Defendant Governor Rick Snyder moves the Court to hold this
case in abeyance pending a final decision in the case of DeBoer v.
Snyder, et. al, U.S.D.C. E.D. Mich. Case No. 12-cv-10285, Sixth Circuit
Court of Appeals no. 14-1341, and says in support as follows:
1. On March 21, 2014, the United States District Court for the
Eastern District of Michigan, Judge Bernard Friedman, issued its
decision in DeBoer v. Snyder, U.S.D.C. E.D. Mich. Case No. 12-cv-
10285, declaring Michigan’s “marriage amendment,” Mich. Const. 1963,
art. I, § 25, and its implementing statutes, unconstitutional. The court
also enjoined the State from enforcing the law. DeBoer v. Snyder,
U.S.D.C. E.D. Mich. no. 12-cv-10285, Doc. #151, Findings of Fact and
Conclusions of Law, Pg. ID 3973. (Exhibit 1).
2. The State of Michigan appealed the judgment. On March
25, 2014, the Sixth Circuit stayed the District Court’s judgment pending
a final disposition of Michigan’s appeal. (Exhibit 2).
3. In an effort to expedite a ruling from the Sixth Circuit, the
State has filed a petition for initial hearing en banc. (Exhibit 3).
4. Plaintiffs’ equal protection challenge to Michigan’s “Public
Employee Domestic Partner Benefit Prohibition Restriction Act,” 2011
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 2 of 17 Pg ID 4745
3
Public Act 297, Mich. Comp. Laws § 15.581, et. seq. (hereafter P.A. 297)
is grounded in Michigan’s “marriage amendment.” Plaintiffs’ equal-
protection sexual-orientation challenge presented in their complaint
and in their motion for summary judgment rests on the fact they cannot
legally marry in Michigan because of the State’s marriage amendment
and, thus, never qualify for benefits under P.A. 297.
5. If the Court believes that this case turns on the validity of
Michigan’s marriage amendment, then it should stay the case pending
the resolution of that issue by the Sixth Circuit in the DeBoer appeal.
This Court has already noted the relationship between Michigan’s
marriage amendment and Plaintiffs’ challenge to P.A. 297, which
informed its decision, in part, in granting a preliminary injunction in
this case. (Doc. #75, June 28, 2013 Opinion and Order, Pg. ID 3068-
3070.) Under this premise that the validity of the amendment matters
to the benefits law, proceeding with this case would be a waste of
resources for the Court, the State, and the Plaintiffs, because the
DeBoer appeal will definitively resolve that issue for courts in the Sixth
Circuit (at least until the Supreme Court reaches the issue).
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 3 of 17 Pg ID 4746
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6. This stay request is contingent on this premise, but, to be
clear, Michigan disagrees with that premise for a simple reason:
whatever the scope of marriage in Michigan, it is rational for the State
to extend benefits and to spend its limited resources on married couples
(be they opposite-sex or same-sex) while declining to provide benefits to
lesser relationships (such as boyfriends or girlfriends, be they opposite-
sex or same-sex). In other words, if DeBoer is upheld, Michigan’s
definition of marriage would change and Plaintiffs would be able to
legally marry; indeed, Plaintiffs might well dismiss this case because
they would qualify for medical benefits under P.A. 297 as a spouse if
they chose to get married, and therefore they would no longer suffer any
injury as a result of the statute. Conversely, if DeBoer is reversed and
Michigan’s definition of marriage in art. I, § 25 is upheld, Plaintiffs’
equal-protection claims fail because P. A. 297 rationally relates to that
constitutional expression of marriage. Under either definition of
marriage, it is rational to limit benefits to spouses and not to extend
them to mere boyfriends or girlfriends.
7. The decision to stay proceedings is entirely within the
Court’s discretion. Clinton v. Jones, 520 U.S. 681, 706-07 (1997). A
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 4 of 17 Pg ID 4747
5
district court can, at its discretion, stay an action pending the
conclusion of an alternative proceeding which will impact the applicable
law and control the outcome of the case for which the stay is sought.
8. The State will be irreparably harmed if this case is not
stayed. If a permanent injunction were to issue here, the State would
have its constitutionally-valid statute enjoined from having effect,
thwarting its legitimate interest in promoting marriage, however it is
defined. Although the statute is preliminary enjoined, a permanent
injunction would be a final determination of unconstitutionality for this
statute, even though the law does not support such a conclusion.
A stay of proceedings in this case, until a final decision in DeBoer,
will not injure or adversely impact the Plaintiffs. This Court
preliminary enjoined the enforcement of P.A. 297 on June 28, 2014.
(Doc. #75.) No appeal of that preliminary injunction was taken, and it
will remain in effect during the pendency of this case. That means
Plaintiffs are receiving medical benefits from their public employers,
and those benefits will not be interrupted by P.A. 297.
Staying the case does not harm the public but rather advances its
interest in the State’s law and its constitutionality.
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9. Plaintiffs’ counsel were contacted regarding concurrence in
this motion and they have denied concurrence.
CONCLUSION AND RELIEF REQUESTED
Defendant Governor Snyder, therefore, requests that if this Court
thinks the validity of Michigan’s marriage amendment affects this case,
then this Court enter a stay holding this case in abeyance pending a
final judgment in DeBoer, et. al. v. Snyder, et. al, Sixth Circuit Court of
Appeals no. 14-1341, including a decision by the United States Supreme
Court, if applicable. Judicial economy and avoiding the permanent
injunction of an otherwise constitutional state law each suggest that
granting a stay of proceedings is appropriate and a proper exercise of
the Court’s discretion.
Respectfully submitted,
BILL SCHUETTE
Attorney General
s/ Michael F. Murphy
Michael F. Murphy (P29213)
Margaret A. Nelson (P30342)
Mark E. Donnelly (P39281)
Rock A. Wood (P41181)
Attorneys for Defendant
Michigan Dept. of Attorney General
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 6 of 17 Pg ID 4749
7
Public Employment, Elections
& Tort Division
P.O. Box 30736
Lansing, MI 48909
(517) 373-6434
Dated: April 11, 2014 Email: [email protected]
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 7 of 17 Pg ID 4750
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THERESA BASSETT and CAROL
KENNEDY, PETER WAYS and JOE
BREAKEY, JOLINDA JACH and
BARBARA RAMBER, DOAK BLOSS
and GERARDO ASCHERI, DENISE
MILLER and MICHELLE JOHNSON,
Plaintiffs,
v
RICHARD SNYDER, in his official
capacity as Governor of the State of
Michigan,
Defendant.
No. 2:12-cv-10038
HON. DAVID M. LAWSON
MAG. MICHAEL J.
HLUCHANIUK
DEFENDANT’S BRIEF IN
SUPPORT OF MOTION
TO HOLD IN ABEYANCE
Michael J. Steinberg (P43085)
American Civil Liberties Union Fund of
Michigan
Attorney for Plaintiffs
2966 Woodward Avenue
Detroit, MI 48201
(313) 578-6814
Amanda C. Goad
American Civil Liberties Union
Foundation
Attorney for Plaintiffs 1313 West 8th Street
Los Angeles, CA 90017
Telephone: (213) 977-9500
Facsimile: (213) 977-5273
Margaret A. Nelson (P30342)
Mark E. Donnelly (P39281)
Rock A. Wood (P41181)
Michael F. Murphy (P29213)
Attorneys for Defendant
Michigan Dept. of Attorney General
Public Employment, Elections & Tort Division
P.O. Box 30736
Lansing, MI 48909
(517) 373-6434
John A. Knight
American Civil Liberties Union of
IL
Attorney for Plaintiffs
180 N. Michigan Ave, Ste. 2300
Chicago, IL 60601
(312) 201-9740
/
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 8 of 17 Pg ID 4751
Bill Schuette
Attorney General
Michael F. Murphy
Assistant Attorney General
Attorneys for Defendant
Public Employment, Elections
and Tort Division
P.O. Box 30736
(517) 373-6434
(P29213)
Dated: April 11, 2014
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 9 of 17 Pg ID 4752
i
CONCISE STATEMENT OF ISSUE PRESENTED
1. This Court should hold this case in abeyance pending the
Sixth Circuit Court of Appeals decision in DeBoer.
CONTROLLING OR MOST APPROPRIATE AUTHORITY
Authority:
Clinton v. Jones, 520 U.S. 681, 706-07 (1997).
Ohio Environmental Council v. United States District Ct. S.D. Ohio,
565 F.2d 393, 396 (6th Cir 1977).
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 10 of 17 Pg ID 4753
1
ARGUMENT
I. To the extent the Court concludes Plaintiffs’ equal-
protection challenge to Mich. Pub. Act 297 of 2011 (P.A.
297) is governed by Michigan’s Marriage Amendment, this
Court should hold any decision in abeyance pending a
ruling by the Sixth Circuit in DeBoer v. Snyder.
A. It is within the Court’s discretion to hold case in
abeyance.
The decision to stay proceedings is entirely within the Court’s
discretion. Clinton v. Jones, 520 U.S. 681, 706-07 (1997). A district
court can, at its discretion, stay an action pending the conclusion of an
alternative proceeding which it believes will impact the applicable law
and control the outcome of the case for which the stay is sought. This is
part of a court’s traditional powers to issue injunctive relief or to stay
court orders. This includes staying cases for the Court’s own reasons to
control its docket and manage its own affairs. Gray v. Bush, 628 F.3d
779, 785 (6th Cir. 2010) (“‘[T]he power to stay proceedings is incidental
to the power inherent in every court to control the disposition of the
causes on its docket with economy of time and effort for itself, for
counsel, and for litigants.’”) (quoting Landis v. North American Co., 299
U.S. 248, 254 (1936)).
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 11 of 17 Pg ID 4754
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As this Court is aware, Judge Friedman has issued the recent
decision in DeBoer v. Snyder, U.S.D.C., E.D. Mich. Case No. 12-cv-
10285 (Ex. 1). That case has a direct bearing on any decision this Court
may reach regarding the constitutionality of P.A. 297. Judge Friedman
has ruled Michigan’s “Marriage Amendment,” Mich. Const. art. I, § 25,
as unconstitutional. By so holding, this ruling in effect affirms the
validity of P.A. 297, the purpose of which is to provide special status for
marriage and family relationships. If the DeBoer decision is affirmed
through the appellate process, Plaintiffs’ equal protection claim based
on sexual orientation and discriminatory animus is moot since they will,
if they choose, be able to marry and receive the benefits they seek under
P.A. 297. If reversed, P.A. 297 should be affirmed as rationally related
to the State’s legitimate purpose in supporting marriage and family
relationships.
Since this case turns on the validity of the marriage amendment
the resolution of that issue by the Sixth Circuit directly impacts this
case. The Court has already alluded to the relationship of the issue
before it regarding benefits and Michigan’s marriage amendment. This
relationship, in part, led to the preliminary injunction now in place.
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 12 of 17 Pg ID 4755
3
Proceeding with this case does little but waste judicial time and effort
for both the Court and the parties, because the DeBoer appeal will settle
the law in the Sixth Circuit (pending any Supreme Court ruling).
Although the U.S. Sixth Circuit Court of Appeals has stayed the
DeBoer decision, (Ex. 2, Order Granting Stay, dated March 25, 2014),
this Court should exercise its discretion and hold this case in abeyance
pending the conclusion of the appellate process in DeBoer.
“The power to stay proceedings is inherent to the power in every
court to control the disposition of the causes on its docket with economy
of time and effort for itself, for counsel and for litigants. Ohio
Environmental Council v. United States District Ct. S.D. Ohio, 565 F.2d
393, 396 (6th Cir 1977) (quoting Landis, 299 U.S. at 254-255). It
ordinarily is within the sound discretion of the district court whether to
enter a stay. Id. The party seeking the stay bears the burden of
showing “that there is pressing need for delay, and that neither the
other party nor the public will suffer harm from entry of the order.” Id.
(citing Landis, 299 U.S. at 255). As set forth below, the burdens are
met here, and judicial economy for all leads to the conclusion that the
case should be held in abeyance.
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 13 of 17 Pg ID 4756
4
B. The State has met its burdens justifying the case be
held in abeyance.
Staying this case harms no one. The Plaintiffs here would not be
harmed, because the preliminary injunction currently in place enjoins
enforcement of P.A. 297. (Doc. #75, Opinion and Order, Pg. ID 3087).
They are receiving their benefits as they always have. Without a stay
the public could be harmed by a permanent injunction and a
constitutional statute being found unconstitutional when such a
decision is not presently needed, a controlling case is before the Sixth
Circuit, and the issues here may be mooted by that decision.
If a permanent injunction were to issue by this Court, the State
would have its constitutionally-valid statute enjoined from having
effect, thus thwarting the State’s legitimate interest in promoting
marriage, regardless of how that is defined. The preliminary injunction
presently in effect offers Plaintiff’s any protection they need, while a
permanent injunction gives a finality of unconstitutionality to a statute
premised on a the legal concept of marriage, which is clearly a State law
matter.
Judicial economy and the public interest would be best served by
withholding any decision in this case until the appellate process is
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5
complete. There is no need to decide an issue presently, when that
issue, or one controlling its outcome, is on appeal and will be decided
through the appellate process. The posture of this case presently before
the Court ensures that no one is harmed by taking that course of action.
Plaintiffs are receiving what they filed suit for; the State would still
have a constitutional statute, although presently unenforceable, and no
holding of unconstitutionality; and, if Judge Friedman is reversed on
appeal, the State’s rational basis and the public’s determination
through the Michigan constitutional amendment process will be upheld.
Should Judge Friedman’s decision be affirmed at the appellate level,
Plaintiffs’ claims are moot, and they would be entitled to marry and
receive the benefits they seek in this lawsuit.
Justiciability alone is sufficient reason to hold the case in
abeyance pending an outcome of the appeal in DeBoer.
CONCLUSION AND RELIEF REQUESTED
Based upon the Motion filed, Defendant Governor requests this
case be held in abeyance pending the appeal in DeBoer v. Governor.
Respectfully submitted,
Bill Schuette
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 15 of 17 Pg ID 4758
6
Attorney General
/s/ Michael F. Murphy
Assistant Attorney General
Attorneys for Defendant
Public Employment, Elections
and Tort Division
P.O. Box 30736
(517) 373-6434
(P29213)
Dated: April 11, 2014
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7
CERTIFICATE OF SERVICE (E-FILE)
I hereby certify that on April 11, 2014, I electronically filed the
above document(s) with the Clerk of the Court using the ECF System,
which will provide electronic copies to counsel of record.
/s/ Michael F. Murphy
Assistant Attorney General
Attorney for Defendant
Public Employment, Elections
and Tort Division
P.O. Box 30736
(517) 373-6434
(P29213)
2012-0001512
2:12-cv-10038-DML-MJH Doc # 100 Filed 04/11/14 Pg 17 of 17 Pg ID 4760
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THERESA BASSETT and CAROL
KENNEDY, PETER WAYS and JOE
BREAKEY, JOLINDA JACH and
BARBARA RAMBER, DOAK BLOSS
and GERARDO ASCHERI, DENISE
MILLER and MICHELLE JOHNSON,
Plaintiffs,
v
RICHARD SNYDER, in his official
capacity as Governor of the State of
Michigan,
Defendant.
No. 2:12-cv-10038
HON. DAVID M. LAWSON
MAG. MICHAEL J.
HLUCHANIUK
INDEX OF EXHIBITS
To Defendant’s Motion & Brief to Hold Case in Abeyance
Exhibit 1 Findings of Fact and Conclusions of Law,
Judge Friedman, U.S.D.C. Mich. E.D. case no. 12-cv-
10285, Doc. #151
Exhibit 2 Order dated 3/25/14,
COA 6th Circuit case no. 14-1341, Doc. #22-1
Exhibit 3 Petition of the State of Michigan Defendant-Appellant,
COA 6th Circuit case no. 14-1341, Doc. #27
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