Case Law

Wood & Associates PLLC

A. Court combined 4 cases from the states of Michigan, Kentucky, Ohio and Tennessee. All 4 staees had constitutional amendments that defined marriage as being between 1 mand and 1 woman.
B. Questions presented to the Court:

  • FIRST: Can the state by constitutional amendment limit marriage to 1 man and 1 woman.
  • SECOND: 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.

Court of Appeals originally denied the motion for custody based on Equitable Parenting Doctrine. However, the matter was remanded back to Trial court after the passing of Obergefell v. Hodges – Upon review the court found that the Equitable Parenting Doctrine did apply based on Obergefell v. Hodges.

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.
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 Doctorine –

Van v Zahorik 460 Michh 320, 330; 597 NW2s 15 (1999) as well as extensive others.