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Legal Opinion · Dissent

Mabry v. Mabry

Michigan Supreme Court

Decided August 2, 2016No. 153082; Court of Appeals 329786PublishedCited by 4 opinions

1DissentMcCormack, J.

I respectfully dissent from this Court’s order denying leave to appeal. I would grant leave to appeal to address whether Obergefell v Hodges, 576 US _; 135 S Ct 2584 (2015), compels us to apply our equitable-parent doctrine to custody disputes between same-sex couples who were unconstitutionally prohibited from becoming legally married.

Until 2015, same-sex couples were not permitted to marry in Michigan. See MCL 551.1. Nor did Michigan recognize a legal marriage between a same-sex couple solemnized in another jurisdiction. See MCL 551.271; Const 1963, art 1, § 25. Michigan also prohibited…

2Cases cited10 opinions

  1. Troxel v. GranvilleSupreme Court of the United States · 2000
  2. Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
  3. Obergefell v. HodgesSupreme Court of the United States · 2015
  4. Clark v. JeterSupreme Court of the United States · 1988
  5. New Jersey Welfare Rights Organization v. CahillSupreme Court of the United States · 1973

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3Cited by4 opinions

  1. Anita L Sheardown v. Janine GuastellaMichigan Court of Appeals · 2018
  2. Anita L Sheardown v. Janine GuastellaMichigan Court of Appeals · 2018
  3. Carrie Pueblo v. Rachel HaasMichigan Supreme Court · 2023
  4. Kolailat v. MckennettMichigan Supreme Court · 2016

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