BILLIE MICHELLE ROSE V ROBERT JOHN STOKELY
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STATE OF MICHIGAN
COURT OF APPEALS
BILLIE MICHELLE ROSE,
FOR PUBLICATION
August 28, 2003
9:10 a.m.
Plaintiff,
and
No. 241029
Calhoun Circuit Court
Family Division
LC No. 00-001802-DP
COUNTY OF CALHOUN,
Appellant,
v
ROBERT JOHN STOKELY,
Updated Copy
October 24, 2003
Defendant-Appellee.
Before: Whitbeck, C.J., and Griffin, Neff, White, Markey, Meter, and Cooper, JJ.
WHITE, J. (concurring).
I agree that the statutory classification is based on a real and immutable distinction
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.
/s/ Helene N. White
-1-
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