Partners Jayne Rowse and April DeBoer fight MI's same-sex marriage and adoption laws for their family

Jacob, 3, Jayne Rowse, Nolan, 4, April DeBoer, Ryanne, 3, at their home in Hazel Park, MI on March 8, 2013. The family is is in a federal court case challenging Michigan's constitutional ban on same-sex marriage. Michigan's current adoption law prevents same-sex couples from both adopting the children. Currently, Jayne is the legal guardian of Nolan and Jacob, while April is the legal guardian of Ryanne. the lawsuit is arguing MichiganAC/AAs ban on same-sex marriages violates childrenAC/AAs and parentsAC/AA rights under the U.S. ConstitutionAC/AAs Equal Protection Clause.

(Tanya Moutzalias | MLive.com)

LANSING, MI -- Clerks in at least ten of Michigan's 83 counties are prepared to issue marriage licenses this week if a federal judge strikes down the state's voter-approved ban.

U.S. District Court Judge Bernard Friedman is scheduled to hear testimony Wednesday afternoon in Detroit as part of a lawsuit filed by two Hazel Park nurses, who originally sued to win joint custody of their adopted children and later expanded the case to involve the same-sex marriage ban.

Friedman may issue a ruling the same day. If he lifts the ban and declines to issue a stay pending appeal from Attorney General Bill Schuette, same-sex marriage would be legal in Michigan until a higher court says otherwise, which could be only a matter of hours or days.

Ingham County Clerk Barb Byrum, a Democrat who previously served in the state House, is among a handful of elected officials preparing for that possibility. She has plans to personally perform a same-sex marriage this week if the ban is lifted.

"We're prepared to follow the law like we always have, and you know, quite frankly, I look forward to the time when all couples, regardless of whether they're same-sex or not, are able to marry," Byrum said, noting that couples can only apply in a county where one of them lives.

Equality Michigan, a Lansing-based gay rights advocacy group, contacted clerks around the state to ask how they would handle same-sex marriage requests if the ban is deemed unconstitutional.

The group posted the results in an online database, along with instructions for same-sex couples interested in tying the knot during what they acknowledge would likely be a "short window" before an appeal.

"If marriage equality happens in Michigan, even for an hour, it won't merely be about a piece of paper that grants legal access to equal rights and opportunities," said Emily Dievendorf, Equality Michigan's managing director. "A historic decision this week would be an acknowledgement of the humanity of Michigan's LGBT families."

Clerks in Bay, Clare, Delta, Ingham, Isabella, Lapeer, Midland, Oakland, Tuscola and Washtenaw counties told Equality Michigan that they are ready to begin issuing licenses immediately after a ruling. Many county clerks have not yet responded, and others said they would wait for a directive from the state.

Angela Minicuci, a spokesperson for the Michigan Department of Community Health, said officials are looking at revising the marriage license application form in case the ban is lifted but have not completed the work.

"We notified local clerks that we will provide guidance on next steps if and when a ruling is available but we do not have a new application prepared at this time," Minicuci said.

Gary Glenn, who co-authored the same-sex marriage ban approved by 59 percent of Michigan voters in 2004, is urging state and county officials to "take whatever action is possible" to stop clerks from issuing marriage licenses if the ban is temporarily lifted.

"One Detroit lawyer in a black robe doesn't have the legitimate Constitutional or moral authority to overturn the will of millions of Michigan voters, and even more certain, a county clerk does not," said Glenn, who is running for the state House out of Midland.

Friedman is expected to hear oral arguments in the case on Wednesday beginning at 2:30 p.m. Plaintiffs April DeBoer and Jayne Rowse contend that Michigan's ban on same-sex marriage violates the federal guarantee of due process in the 14th Amendment to the U.S. Constitution.

The Attorney General's office, representing Gov. Rick Snyder and the state of Michigan, has argued the merits of "traditional marriage" and said that any attempt to overturn the ban should be done so by voters, not courts.

Update: This post was updated at 4:25 p.m. with the latest county count from Equality Michigan, which will continue to post incoming responses online.

Jonathan Oosting is a Capitol reporter for MLive Media Group. Email him, find him on Google+ or follow him on Twitter.