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Mich. court recognizes IL lesbian adoption

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WillParkinson Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-23-09 10:28 AM
Original message
Mich. court recognizes IL lesbian adoption
Source: 365gay.com and Associated Press

(Lansing, Michigan) Michigan courts can oversee a custody dispute between lesbian parents who adopted in Illinois even though Michigan doesn’t formally recognize gay relationships, the state Court of Appeals has ruled.

The court ruled 2-1 on Friday that the U.S. Constitution requires state courts to recognize Diane Giancaspro and Lisa Congleton as adoptive parents. It reversed a trial judge who said Michigan’s 2004 voter-approved gay marriage ban kept her from enforcing the women’s parental rights.

“The only relevant consideration in this matter is each individual party’s established relationship as an adoptive parent with the children, not their relationship with each other,” Judges Alton Davis and Stephen Borrello wrote.

Judge Kurtis Wilder dissented because he said Giancaspro didn’t show documents authenticating the Illinois adoption.

<snip>

The ruling Friday prompted American Family Association of Michigan President Gary Glenn to call for a ballot measure that would ban gay adoptions in the state.

Read more: http://www.365gay.com/news/mich-court-recognizes-il-lesbian-adoption/



Hate is ugly. VERY ugly.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-23-09 10:32 AM
Response to Original message
1. Very important ruling on comity
By extension, this should technically eman that MI should also recognize civil unions and marriages from other states. Someone needs to take this to the MI Supreme Court.
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-23-09 11:30 AM
Response to Reply #1
2. Not likely
In 2004 voters in Michigan voted to ban gay marriage, so I'm not sure that that is likely anytime soon.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-23-09 12:42 PM
Response to Reply #2
4. I know -- but this wouldn't be a voter issue, though
Edited on Mon Feb-23-09 12:43 PM by LostinVA
Very interesting ruling.
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sarcasmo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-23-09 11:56 AM
Response to Original message
3. Good for my State.
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