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Schuette: Affirmative Action ruling should guide marriage case

CINCINATTI (WKZO) -- Michigan Attorney General Bill Schuette wants the federal appeals court deciding the fate of the state's ban on same sex marriage to use the U.S. Supreme Court's affirmative action ruling as a guide.

Schuette filed a brief with the 6th U.S. Circuit Court of Appeals Wednesday night and referenced the voter-approved ban on affirmative action being used for college admissions being upheld. The attorney general wants the appeals court to use the same reasoning and uphold what voters passed in 2004.

U.S. District Judge Bernard Friedman in Detroit ruled in March that the ban violated the Equal Protection Clause of the U.S. Constitution.