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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.
Does a person who doesn't exist have legal standing?
This made me laugh, although the case itself is tragic. There seems to be an epidemic of these cases involving lesbians. I first read about it in article on FR that this was becoming a major problem to be dealt with within the lesbian community. Apparently lesbian relationships are not defacto long-term as the homosexual mythology has maintained.
A person who would embrace immorality will embrace further immorality?? Who'd have thought it?
Dan
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You've got the wrong Judge Hanson. Not sure how to include the image so here's the link:
http://www.utcourts.gov/judgesbios/distrgal3.htm
Scroll to Timothy R. Hanson, who actually said in open court "I don't want to hear about Utah code and I don't want to hear about the constitution!"
OOPS.. I'm sorry, turns out Latex just isn't quite the substitute I thought it would be.... Yea, he may be hair and smell bad at times.. but he can parallel park.. and doesn't need add ons to scratch my itch.
what a tangled web we weave.
one would want to be on the lookout for prejudicial treatment of such a heretic as would assert this.
The judges motives need to be examined here.
Is the judge promotoing the ABA's new model divorce code which has provisions for recreational sex partners to claim standing for visitation rights?
Is this judge trying to extablish "second parent" adoption by civil union? MOST states do not provide for the homosexual sex partners to adopt the natural child (or adopted) of a homosexual.
This should not stand sicne civil unions are a statutory construction and should be narrowly defined. Civil unions are just for recreational sex, not producing children.
The ABA's model divorce code specifically intends to establish standing of homosexual sex partners to make such visitation claims.
Only six states restrict all homosexual adoption, HOWEVER 27 states forbid or limit "second parent" (homosexual sex partner) adoption. But for civil union and the ABA model code being pushed, this recreational sex partner would not be screwing up this child's life.
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Mylar - biaxially-oriented polyethylene terephthalate.
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