Case Law

Wood & Associates PLLC

Procedure:
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.

Procedure:
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.