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"Splitter!" |
Posted on 12/08/2004 12:54:48 AM PST by JohnHuang2
A woman who gave birth to a child months before entering a same-sex civil union in Vermont is appealing a court ruling that granted parental standing to her former partner.
Cheryl Barlow, who says she no longer is a lesbian, was united with Keri Jones, both residents of Utah, five months after Barlow became pregnant by artificial insemination in 2001.
But the relationship ended in 2003 after Barlow discovered Jones was seeing another woman.
Jones then sued for parental visitation rights to Barlow's child and was granted favor by Judge Timothy Hanson in Utah's 3rd District Court in Salt Lake City after a brief, three-day trial.
Barlow wants the Utah Court of Appeals to overturn the decision.
Her attorney, Frank Mylar, who is allied with the Arizona-based Alliance Defense Fund, argues Jones has had no relationship with the now 3-year-old child for over a year and has no legal right to visitation.
"Enforced visitation will only promote confusion and conflict in this child's life and upbringing," he said.
Mylar points out the civil union is not valid in Utah, where the law ensures Jones could never have any legal right to Barlow's child during their relationship.
"We do not believe the court sufficiently evaluated the child's well-being," Mylar said. "The decision to grant Jones visitation with the child defies Barlow's constitutional rights, Utah law and local public policy."
The appeals court will hear the case even though an appellate judge decided Friday not to stay the order of the lower court, forcing the child to spend 10-hour visitations with Jones during the proceedings.
"It is unconstitutional for the court to award parental standing to an unrelated third party over the objections of a fit natural parent who has never been deprived of custody," Mylar contended.
"Granting parental standing to a legal stranger in a non-marital relationship pushes Utah law to where it's never been," he said.
Actually, one of the funniest scenes I have witnessed was when lesbian activists protested against a male homosexual activist who was giving a speech about how he didn't choose his sexual preference.
Evidently, this is quite a debate in many homosexual groups. Many lesbians claim to make a concious choice to shun men for feminist reasons. I also think the appearance of AIDS in the early 80s stopped many men from claiming it was a choice.
So much for the "We're born homosexual, so we can't become normal citizens" argument.
ping!
The most under reported domestic abuse in the country.
That's part of the gay agenda. So what else is new?
Ping
Cheryl clearly is wrong, since there people right here on FreeRepublic who will tell you homosexuality is genetic. Cheryl just lacks insight. She THINKS she is no longer a lesbian, but she really is.
Don't the courts almost always (in any case) rule in favor of the bio relative?
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"Splitter!" |
"Custody battles for the queers ... as if our courts weren't already clogged."
Then add to that the millions of divorces that will come from Gay Marriages if legalized. No wonder the left wing trial lawyers are grinning and supporting Gay Marriage all the way to the bank, big time.
Hm, this is going to be difficult.
There are no ex-homosexuals, we are often told; so this lady cannot exist.
Does a person who doesn't exist have legal standing?
Maybe that will be Jones' defense.
Dan
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Sickness destroys unless it is cured.
These two lesbians should have sought help rather than union.
The fertility clinic should not have artifically inseminated one of them so they could pretend to be two mommies since that only encouraged their sickness.
One has received healing, but now the child must suffer because nobody had the courage to simply say, "No! That's sick."
Shalom.
You mean, "like thinking she has two mothers won't?"
Nobody has two mothers. All the homosexual hue and cry won't change that. It takes a father and a mother to be born. Two mothers won't do it.
That's how we know homosexuality is a mental illness. There simply aren't any homosexual bodies around. Homosexuals are people who are denying reality.
Shalom.
I am referring to the habit of gays, and liberals in general for that matter, pushing the law were it's never been.
Judge Timothy Hansen Magistrate Judge
Chambers Room 4148
200 W. Front Street
Boise, ID 83702
(208)287-7483
Un-freakin'-believable! That poor child!
My guess is the court would deny the biological father any visitation rights.
what a tangled web...
The problem is Timothy Hanson. The solution is to impeach and remove him from office. He should never have authority over another human being again. The jury is still out on pets.
Homosexual Agenda Ping.
Anyone remember this case? It hasn't resolved yet. I'm surprised that a Utah judge ruled so badly. (I shouldn't be surprised at anything a judge does...)
I hope justice and reason are served soon.
Let me and ItsOurTimeNow know if anyone wants on/off this pinglist.
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