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June 23, 2005

West Virginia judge awards custody of child to deceased mother's former homosexual partner!

From AgapePress:

West Virginia's Supreme Court of Appeals has granted custody of a minor to his deceased mother's former lesbian partner, leading one attorney in the case to accuse the court of making state law rather than ruling from it.

The minor child has lived with his grandparents for three years since his mother's fatal accident. Despite that, the court ruled that his mother's former lesbian partner, Tina B., had a stronger connection -- and entitlement -- as a "psychological parent." Steve Crampton, chief counsel for the American Family Association's Center for Law & Policy, wrote a friend-of-the-court brief in the case. Crampton says there was no will or written agreement on custody, and there was no state law that explicitly authorized the ruling.

"For a three-year period, the child has been with his grandparents. So if you just weigh timelines, I think the grandparents should win," Crampton offers. "But the court blew through the grandparents' interests and their rights, frankly, in order to establish this lesbian partner as the so-called 'psychological parent' here."

In his opinion, Crampton feels the court really made its own law instead of interpreting West Virginia's existing law. And since there was no will, the attorney believes the judges took advantage of a loophole that leaves the matter of same-sex parenting as an open question for case-by-case interpretation.

"This court took the opportunity to drive their truck through the loophole which the legislature left, and [to] establish new law that I believe decimates the traditional family and elevates same-sex parenting and custody to a new level previously unknown in that state," he states.

Another reason these activist judges need to be put under some control. Too often these judges impose their own personal opinion as law, ignoring what they were hired to do.

...meanwhile...

From USA Today via Yahoo:

Two women in El Dorado County, Calif., Elisa Maria B. and her domestic partner Emily B., decided they wanted a family.

So when Emily became pregnant by means of a sperm donor and gave birth to twins in 1998, the lesbian couple faced a lifestyle choice. Emily, the couple decided, would stay home with the kids, one of whom had Down syndrome and required constant care. Elisa would be the breadwinner.

Court papers omit the women's last names as standard procedure to protect minors in cases about parenthood.

The couple split up 18 months later. Elisa cut off financial support, prompting Emily and her children to go on welfare. El Dorado County sued Elisa for child support, and she refused to pay. Her argument: I'm not the children's father.

The trial court sided with Elisa, but the appeals court reversed the decision. The California Supreme Court gets it next.

Hat tip (the California stuff): WizBang

Posted by Danny Carlton at June 23, 2005 08:39 AM

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