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258 Mich. App. 283

673 N.W.2d 413

Rose v. Stokely

Michigan Court of Appeals

Decided October 29, 2003

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Michigan Court of Appeals · decided 2003-10-29

Cited by 2 later decisions — most recently May 2018

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2003-10-29

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White, J.

¶1(concurring). I agree that the statutory classification is based on a real and immutable dis*318tinction between the mother and father, and that the guarantee of equal protection does not require that things that are in fact different be treated as though they are the same. As noted in the conclusion of the lead opinion, the immutable differences between men and women have allocated the physical burden of confinement and childbirth to the mother. In light of this reality, the Legislature does not violate the equal protection guarantee by allocating the financial burden to the father.

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