Focus on Family demands records re. Colorado judge who ruled against "homophobic" teaching

Denver Mountain News ^ | May, 04 | Peggy Lowe

[churchillbuff]

Focus on the Family is forcing lawmakers who voted against the impeachment of a Denver judge to turn over all their correspondence in the case.

The Colorado Springs conservative group, citing the state's Open Records Law in letters to each member of the House Judiciary Committee, demanded e-mails, letters, cell phone bills and notes from the hearing on the effort to impeach Judge John Coughlin.

Focus on the Family lobbied in favor of impeaching Coughlin because of a decision he made in a lesbian custody case. But the impeachment effort failed when three Republicans joined five Democrats on the committee to vote 8-3 against the effort.

The group is "very, very troubled" that Coughlin, as part of the custody order, said a Christian woman mustn't teach her child anything "considered homophobic," said Tom Minnery, Focus on the Family's vice president for public policy.

Homophobic is an offensive word to people with sincerely held religious beliefs, he said.

"We really, really thought our elected representatives would step up and look into this matter," Minnery said. "They have not done so. So we want to look into the matter and see if we can find out if we're missing something or if there was some particular reason this thing was just dropped or what."

Rep. Anne McGihon of Denver, who led the Democrats in fighting the impeachment, said she is compiling records in complicance with request - but not happily.

"I want everybody to know that we are being targeted because we voted to uphold the law. Period. I just think it's ugly," McGihon said. "It's meant to intimidate us. It's meant to make my Republican colleagues think they will be targeted in a primary (election)."

Rep. Matt Smith, a Republican who voted against the impeachment and vice chairman of the Judiciary Committee, said legislative lawyers will help compile the documents.

"We had the constitutional obligation to review the record and make that determination and move on. I'm trying to understand why this group really kinda cares. I think they're behind most of the e-mails that were sent out in the first place," Smith said.

"But regardless of how much pressure they try to put on us, we still have a constitutional obligation as legislators to review the facts in front of us."

The custody battle Coughlin brokered has become a cause celebre for conservatives.

Cheryl Clark and Elsey McLeod, two Denver women, were in a lesbian relationship for 12 years and adopted a girl from China in 1995. Clark was the official adoptive parent because two-parent, same-gender adoptions are not allowed in Colorado. The women broke up in 2001 when McLeod decided to leave the relationship. Clark later became an evangelical Christian.Coughlin awarded joint custody in April 2003 and gave equal parenting time to each woman. Coughlin ruled that Clark would have sole decision-making authority over the child's religious upbringing, and he wrote that Clark must not teach the child anything that would be "considered homophobic."

Clark, with the help of a conservative legal group, has filed an appeal with the Colorado Court of Appeals challenging the prohibition on homophobic teachings and McLeod's legal status as a parent.

Smith and Rep. Joe Stengel, R-Littleton, pointed out during the impeachment hearing that Coughlin didn't come up with the "homophobic" term out of the blue. In reading the more than 400 pages of court transcript, Stengel and Smith said Coughlin was quoting what Clark had requested, that she didn't want her daughter taught anything "considered homophobic" as part of her religious training.

The judge still shouldn't have put it in the record, Minnery said. Coughlin is an officer of the court and the term shouldn't be used in a legal opinion, he said.

"I'm sure his opinion will be read by other jurists in the future and they might borrow that word. Gay activists use that word against anyone who is exercising religious freedom in this country," Minnery said.

Focus on the Family also sent the open records demands to Gov. Bill Owens, an outspoken critic of the impeachment effort brought by Rep. Greg Brophy, R-Wray. Owens' office will comply with the request, said Dan Hopkins, Owens' spokesman.

[churchillbuff]

"It's meant to intimidate us. It's meant to make my Republican colleagues think they will be targeted in a primary (election)."

Damn straight.

[The Ghost of FReepers Past]

WTG Focus on the Family! I think it's about time I send them another donation.

[churchillbuff]

Focus on the Family also sent the open records demands to Gov. Bill Owens, an outspoken critic of the impeachment effort

[richmwill]

I know this'll get me yelled at and flamed, but- is this really a necessary step, or just a whining response because Focus didn't get their way? I thought only liberals did this type of thing.

[StonyBurk]

I have no problems with the release of records.But I need
to say Matt Smith has always been straightup with me. And
I have questioned him about this Impeachment. Matt Smith
is a Christian And moral. And was as angry at the order
as reported in the "already captured press" As I. I believe
what he has told me. And I would have voted as he did --under these circumstances. The Judges order was based upon
dialogue that Clark and her former lover (when they were
both lesbians and decided to defraud the Chinese and the
State of Colorado with the adoption. Clark said in court
she has "no problem"with the link between "homophobe"and
"Christian teaching" Say what you will about the others I
will stand by what Matt Smith has said.

[Rytwyng]

I know this'll get me yelled at and flamed, but- is this really a necessary step, or just a whining response because Focus didn't get their way? I thought only liberals did this type of thing

Which is why liberals keep winning. We've got to start playing hardball.

[alancarp]

Call it "using the existing law -- and IMHO a welcomed law -- to make sure that the process wasn't corrupted." If there's nothing to fear, then FOTF will find nothing. If however, there's a certain common email or phone call from certain people that suggests a conspiracy, then.... so how else are you to find out?

It's simply a call to accountability for public representatives.

[lilylangtree]

Good for Focus on the Family. I listen to the radio program at least 2-3 times a week. Good conservative program!

[NC28203]

>>> If there's nothing to fear, then FOTF will find nothing. If however, there's a certain common email or phone call from certain people that suggests a conspiracy, then.... so how else are you to find out?
It's simply a call to accountability for public representatives.

Do you feel the same way about the Vice President and the Energy Task Force?

[weegee]

So there can be an abridgement of free speech regarding homosexuals (the protected class)?

Custodial parents can tell all sorts of ugly things about the spouse (or unmarried ex-partner) except that homosexuality is wrong?

If you could stop someone from saying things to their kids because it was hateful, there would be no children wearing KKK garb. The ACLU even defends the KKK. Imagine no muslim children taunting Jews.

This is in opposition to the Constitution whether you agree with this woman's viewpoint or not.

[robowombat]

Your response is fascinating but presumes we all know more about the case than is in this article. For instance where do the Chinese come in and how were they going to be defrauded?

[ColoradoSlim]

Focus is one of major driving forces that has kept Colorado Springs from going completely to the homosexuals. It's been bad enough with a previous ultra liberal lady mayor and gay councilman. We have to put up with a gay pride tinkerbell parade every year. Gay advertisements in the Independent(a local liberal rag), gay advertisements on the public and college radio stations. It's sickening what's happened to this town. God bless, guide and protect Focus on the Family!

[talleyman]

Bump!

[ModelBreaker]

Which Republicans voted against the impeachment?

[alancarp]

A fair question, and the answer is "kinda, yes." HOWEVER -- and this is a big 'however' -- there is a bit of a problem with the Constitution (separation of powers) and the fact that there is no equivalent law here about open records at the Federal Level. I also whole-heartedly support the government's desire to keep some things secret, though I personally think that an 'Energy Task Force' necessarily constitutes something of a national secret.

In this case, too, the DEMs ONLY aim here was to attempt to tie Cheney politically with the Enron people -- if Enron hadn't been a scandal, then nobody would have even cared.

[ColoradoSlim]

I don't know, but I sure as heck would like to find out. I've been poking around at LexisNexis http://lexisnexis.com/ to see what I could find, but I don't have the house bill and date. My brotherinlaw's mom is a very conservative former Colorado State Senator (retired on term limits) I might give him a call to see what he knows.

[Prime Choice]

"I want everybody to know that we are being targeted because we voted to uphold the law. Period. I just think it's ugly," McGihon said.

No. What's ugly is that some idiot politicians thought it was appropriate to put special interests ahead of the First Amendment's freedom of religion protections.

I look forward to seeing each of those idiots voted out of office in the next election.

[Elsie]

CNN ignored torture & murder in Saddam's Iraq to keep their Baghdad Bureau.)

I should think that he SAME idea just may occur to them; someday......

[ModelBreaker]

I'm making some inquiries. I'll let you know if I find out anything.