DETROIT (WWJ) – Utah, Oklahoma, Kentucky, Virginia and Texas. In the past three months, federal judges in each state have struck down “same-sex” marriage bans as unconstitutional. Could Michigan be next?

With a ruling expected any day on whether to legalize same-sex marriage in Michigan, two local constitutional law experts say they believe the state’s ban will be overturned.

“I do think it’s no accident that you see this wave of cases really all around the country, finding bans on same-sex marriage to be unconstitutional,” said Sam Bagenstos University of Michigan constitutional law professor. “It’s very unlikely that the Supreme Court is going to uphold bans on same-sex marriage in the future.”

He says the views of Americans around the country have evolved remarkably and the courts are catching up with public opinion.

Bagenstos says he believes Michigan’s ban on “same-sex” marriage will be the next to be overturned. “I think that usually courts are not at the leading edge of social change, they are sort of at the middle or at the trailing edge of social change and I think that is happening here,” said Bagenstos.

University of Detroit Mercy Law Professor Larry Dubin agrees:

“There’s a real change in the legal landscape that makes me feel that there will be a ruling finding that there is a constitutional right to same-sex marriage.”

“My sense, would be that the judge will follow that trend,” said Dubin.

A decision from U.S. District Judge Bernard Friedman could come at any time.


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