DETROIT (WWJ/AP) – A federal judge has decided to wait ten days before deciding if a lesbian couple can adopt a child.  Judge Bernard Friedman encouraged two Detroit-area lesbians who are raising three children to file a legal challenge to Michigan ban on gay marriage.

The lawsuit is led by April DeBoer and Jayne Rowse each have adopted children on their own, but they’d like to adopt the kids as a couple – an option only for heterosexual married couples.

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The Michigan Constitution bans same-sex marriage, and a separate law bans adoption by unmarried couples.

DeBoer and Rowse say their civil rights are being violated and their children were being harmed.

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The couple has ten days to amend their lawsuit. Rowse said they will consider their options.

“You know it’s overwhelming, and we are here for kids, and that’s the bottom line, is our kids,” she said. (View the couple’s website here.)

In a court filing, the state attorney general’s office said Friedman should defer to the judgment of Michigan lawmakers and dismiss the case.

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