Brody's Notes... Equality Michigan Condemns Michigan Supreme Court Decision To Turn Down Child Custody Case

Michigan Supreme Court 

By Michael Gregor | LANSING, MICHIGAN -- On Friday, the Michigan Supreme Court declined to review a case that could have given gay, lesbian, and unmarried heterosexual couples legal standing to obtain joint custody of their children.

A 4-3 court majority denied Renee Harmon’s appeal request along party lines. The three Democratic justices on the court, Michael F. Cavanagh, Diane M. Hathaway and Marilyn J. Kelly, dissented.

The case involves Renee Harmon and Tammy Davis. The couple’s 19-year relationship ended in 2008. Davis is the biological mother (via artificial insemination) to their three children. After the relationship ended, Harmon was initially given, then denied, visitation and she sued for parenting time. A Wayne County judge ruled in April 2010 that Harmon had legal standing to try to pursue joint custody of the children she helped raise, but the Michigan Court of Appeals reversed that decision.

Renee Harmon
Photo via The Detroit Free Press 

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, Executive Director, Equality Michigan said in a statement:

“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.”

In an interview with The Advocate, Harmon told the magazine:

"I find it very important that nationally, gays and lesbians seem to be going forwards," she said Tuesday, "but in Michigan, we're going backwards when it comes to gay rights."