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Same Sex Case Law in Michigan
There Are Several Notable Cases
Obergefess v. Hodges
June 26, 2015
Court combined 4 cases from the states of Michigan, Kentucky, Ohio and Tennessee. All 4 states had constitutional amendments that defined marriage as being between 1 man and 1 woman.
Court combined 4 cases from the states of Michigan, Kentucky, Ohio and Tennessee. All 4 states had constitutional amendments that defined marriage as being between 1 man and 1 woman.
Questions presented to the courts:
Can the state by constitutional amendment limit marriage to 1 man and 1 woman? Does a state that does not recognize same sex marriage have to honor and recognize a valid same sex marriage that occurred in a different state?
Can the state by constitutional amendment limit marriage to 1 man and 1 woman? Does a state that does not recognize same sex marriage have to honor and recognize a valid same sex marriage that occurred in a different state?
Ruling: No, a state cannot limit marriage to be between 1 man and 1 woman. Yes, a state must recognize the validity of a same sex marriage that occurred in another state.
Lake v. Putman
July 5, 2016
Ruling: Same sex couple, together for 14 years, 8 year old child. Separated, Never Married. Equitable parenting Doctrine clearly written to only apply to married couples.
Ruling: Same sex couple, together for 14 years, 8 year old child. Separated, Never Married. Equitable parenting Doctrine clearly written to only apply to married couples.
Aside: This applies to any couple—heterosexual or homosexual—thus treating both the same without any distinction based on the sex of the parties.
Equitable Parenting Doctrine
VAN V ZAHORIK 460 MICHH 320, 330; 597 NW2S 15 (1999) AS WELL AS EXTENSIVE OTHERS.
I can't say enough about how above and beyond Brigette Booser went for our family when we were in need of her legal counsel. She was very professional, compassionate, attentive, and incredibly intelligent."
Questions you may be asking:
If the Supreme Court overturns its decision on same sex marriage, how will that affect me in the State of Michigan?
This is uncertain. It is standard judicial policy that court decisions are NOT retroactive. Meaning that the changes will only apply going forward but not backwards. If the Supreme Court overturns same sex marriage, it is likely that all current same sex marriage will remain valid marriages. The ban would only be on future marriages. However, until this happens, any answer here is purely speculative.
In Michigan, do I hold the same rights in my same sex marriage as people in a heterosexual marriage?
Absolutely. There is still more to do, but Michigan has come a long way in implementing and updating all laws so that they are gender neutral.
Is a divorce process different for a same sex marriage?
No. The process is the same.Â
Battle Creek
- New Location as of November 1, 2023
2943 W Dickman Road
Battle Creek, MI 49037 - 269.841.5426
- 517.827.4950 (Fax)
- 888.209.7348 (Toll-free)
Lansing
- 901 N. Washington Ave.
Lansing, MI 48906 - 517.481.4023
- 517.827.4950 (Fax)
- 888.209.7348 (Toll-free)
New Office Opens 11/1/23
Our Battle Creek Office is on the Move!
We're still here to serve you while transitioning to our new and improved location. After November 1st, you can find us at:
2943 W Dickman Road
Battle Creek, MI 49037
Battle Creek, MI 49037
Until then (before November 1st), you can find us at our temporary satellite office located on the lower level of Cherry Pointe Suites located at:
71 S. 20th St., Suite 102
Battle Creek, MI 49015
Don't worry; our Lansing location isn't going anywhere and continues to operate as usual.