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By Steve Neavling
DETROIT | Wed Oct 16, 2013 4:51pm EDT
DETROIT (Reuters) - A federal judge in Detroit on Wednesday said a lawsuit brought by a lesbian couple who want to marry and adopt each other's children will go to trial in a case expected to test the constitutionality of Michigan's same-sex marriage ban.
U.S. District Judge Bernard Friedman had been expected to rule as early as Wednesday on the case brought by April DeBoer and Jayne Rowse, a lesbian couple from suburban Detroit who want to jointly adopt each other's children.
After hearing from both sides Wednesday, Friedman instead scheduled a trial date for February 25.
"I'm in the middle," Friedman said. "I have to decide this as a matter of law and I intend to do so."
As the arguments were being presented in court, the state's Republican attorney general, Bill Schuette, confirmed that he had instructed county clerks that they should not issue same-sex marriage licenses until the case reaches a final decision.
There had been media reports that some Michigan county clerks were preparing to start marrying gay couples as soon as a ruling was issued.
DeBoer has adopted a girl and Rowse two boys. The couple has lived together for more than six years. They are not allowed to adopt each other's children because the state of Michigan bans same sex marriage and they are considered two single adults living together.
(Reporting By Steve Neavling and Joseph Lichterman; Writing by Mary Wisniewski; Editing by Greg McCune and Andrew Hay)
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