A Michigan appeals court finds that the state's dower statute does not violate the Equal Protection Clause. In Re Estate of Miltenberger (Mich. Ct. App., No. 270716, March 27, 2007).
James Miltenberger's will left nothing to his wife, Sharon. After he died, she elected to take her statutory dower interest instead of taking under the will. Mr. Miltenberger's daughter challenged the dower statute under the equal protection clauses of the U.S. and Michigan constitutions, arguing that the statute discriminated against men because it applied only to women. The probate court rejected the challenge, and she appealed.
The Michigan Court of Appeals affirms, finding that the statute does not violate the Equal Protection Clause. According to the court, the statute is substantially related to an important government objective because the state "has a legitimate interest in protecting the economic interests of widows and protecting them from becoming impoverished."
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