A federal judge in Michigan on Monday
said he would allow a challenge to the state's ban on gay adoption to
proceed.
Judge Bernard Friedman said that the
lesbian plaintiffs behind the case are “entitled to their day in
court and they shall have it,” according to the Detroit
Free Press.
At the suggestion of Friedman, April
DeBoer, 42, and her partner Jayne Rowse, 48, of Hazel Park amended
their lawsuit seeking to jointly adopt their three foster children to
instead challenge the constitutionality of Michigan's 2004
voter-approved amendment limiting marriage to heterosexual unions.
Because they aren't married the couple cannot jointly adopt Nolan, 4,
Jacob, 3, and Ryanee, 3.
In March, Friedman said that he would
wait to see how the Supreme Court ruled in two gay marriage cases
before deciding whether to grant the state's request to dismiss the
lawsuit.
Friedman noted the high court's
opinions in his ruling: “That is exactly the type of harm
plaintiffs seek to remedy in this case.”
A July 10 hearing will consider setting
up a trial date.