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Michigan Supreme Court Refuses To Hear Custody Case Of Two Lesbians

26 July 2011
by Bridgette P. LaVictoire

This past Friday, the Michigan Supreme Court declined to review the case of Renee Harmon and Tammy Davis. The two women split in 2008. That left a bit of a problem. Davis is the biological mother of their three children, but Harmon was granted, initially, visitation rights, but that was then denied. A Wayne County judge ruled last year that Harmon had legal standing to sue for joint custody of the children she helped to raise, but the Michigan Court of Appeals then reversed that.

The court decided by a 4-3 majority to deny the appeal request. The split was based on party lines with the Democratic justices- Michael F. Cavanagh, Diane M. Hathaway and Marilyn J. Kelly- dissenting.

According to the EQMI press release:

This case brings into question the scope of Michigan’s “equitable parent” doctrine and whether Harmon’s constitutional rights were violated when the Court of Appeals ruled that she lacked standing as a parent. The equitable parent doctrine recognizes a legal relationship between a de facto parent and child when the parent desires such recognition and is willing to support the child.

Harmon now plans to take her case to federal courts.

Denise Brogan-Kator, the Executive Director of Equality Michigan, stated:

“I find it tragic that the justices in the majority party are unwilling to grant these three children access to one of the only two parents they’ve ever known. These children are also denied the financial and emotional support that comes from recognizing both parents. Cases like this should not be decided based on the relationship of the adults to one another, but rather based on the relationship of the adult to the children. We hope that a federal court will examine the constitutional questions and consider the best interests of the children. It’s sad that the Michigan Supreme Court has refused to do so.”

“This court action continues the systematic attacks that prevent lesbian and gay parents from creating and maintaining strong families in Michigan. The case underscores the need for more pro-equality candidates to run for judicial positions throughout the state. Legal recognition of families headed by lesbian and gay parents is long overdue – we have fallen far behind other states.”