Posted on 06/07/2006 1:12:57 PM PDT by doc30
Two mothers should be allowed on birth document, judge says Found in breach of Charter, Ontario told to alter rules to include lesbian parents KIRK MAKIN
From Wednesday's Globe and Mail
An Ontario judge struck down a birth registry provision yesterday that prevents lesbian couples from being registered as parents of babies conceived through artificial insemination, saying that the regulation causes them unjustified "pain and hardship."
Mr. Justice Paul Rivard of the Ontario Superior Court ruled that the province violated the litigants' right to equality by stopping them from adding their names to the Statement of Live Births after their babies are born.
Lesbian mothers live in an atmosphere of homophobia that only is exacerbated when rules and conventions leave an impression that "there is something wrong or unnatural about their families,'' Judge Rivard said.
"Likewise, for children of lesbian mothers -- who are even more vulnerable than their parents to the lack of symbols of their families in popular culture -- exclusion of their parents from birth registration furthers this vulnerability."
Lawyers Martha McCarthy and Joanna Radbord, who represented the applicants, said yesterday that the case held enormous symbolic value for the gay and lesbian community.
"Although the case addresses one of the very last issues of discrimination against gays and lesbians in Ontario law, it is also probably the most important of all to lesbian mothers," Ms. McCarthy said in an interview.
"Indeed, I venture to say that our applicant couples would have traded all of their employment benefits, spousal support rights -- even marriage rights -- in exchange for the basic recognition that they are parents to their children. It is, in many ways, like we left the most important issue to the last."
The legal clash stemmed from the fact that the province's Vital Statistics Act specifies the terms "father" and "mother" when it comes to filling out a Statement of Live Birth.
The government insisted that the "father" has to be a biological father, and that it would be illegal to include both members of a lesbian couple on a Statement of Live Birth, since that would be tantamount to including two mothers.
About 4,500 non-biological parents are listed in Ontario each year. Judge Rivard noted in his judgment that non-biological fathers are not impeded when they attempt to register their names, yet efforts are routinely made to "target lesbian co-mothers."
Evidently moved by many of the litigants' accounts of suffering discrimination and being made to feel that their relationships and families could not measure up to those of heterosexual families, Judge Rivard said this amounted to unacceptably unequal treatment.
He noted that in the case of one couple, the birth mother was diagnosed with breast cancer shortly after having her child.
The couple feared that if the mother were to die before they could get a proper declaration of parentage, the child "would be left without any certainty as to parentage."
Judge Rivard suspended the effect of his ruling for one year to allow the province time to legislate a solution to the Charter breach.
Okay. Reality is in recession in Canada.............Time to close the borders before it seeps into our country.........
Tom & Mary Turkeybaster ?
But the child doesn't have that problem with an anonymous father, anyway?
No doubt coming soon to MA, thanks to our activist judges. Too bad the constitutional amendment regarding marriage failed.
Cold comfort to see that the US is not the only country with gibbering idiots for judges.
"Mother" is a biological FACT...not a social construct.
Hmmm. How about if I want three mothers? How about a commune as "polyparents"?
I thought a birth certificate helped identify genetic anomolies in children.
I guess it's just a piece of paper in Canada.
The freak show continues as long as you have freaks. Looks like Canada has imported some crummy American legal theory and it grew big on Canadian home cooking.
Imagine when the kid learns from biology class that one of his mothers actually isn't. And then finds out that his father was a turkey baster and lives in the utensils drawer.
d.o.l.
Criminal Number 18F
The last issue of discrimination against Gays and Lesbians...."Reality".
They wouldn't fail if We The People were allowed to vote on it.
A wise decision, since his "decision" makes no sense.
It would have been no more bizarre that, instead of devising a solution where there are two "mothers" (an unavoidable ambiguity), the lesbian who did not actually carry the baby to term and delivered it be called the "father".
That would be no more nonsensical and infinitely clearer.
So is "father", but let's not quibble...
If we must drift into the realm of fantasy, both legal and real, calling a butch lesbian the "father" is a lot less confusing.
Judge, you need to realize that for the certificate of live birth, there is a male and a female. The male provides the material tofertilize the ovum. The female carries a fertilized ovum to term.
Judge, here is the fact you need to figure this one out: a child comes from one ovum. Just for the record, the ovum determines the single individual who is the real mother. Got it? E-mail me and I'll tell you what a man is, your honor.
*************
Exactly. We have a long way to go here in MA, but there are more of us than the Left will admit.
They cannot and never will "measure up" to REAL families.
"The couple feared that if the mother were to die before they could get a proper declaration of parentage, the child 'would be left without any certainty as to parentage.'" Simply saying, "Your Mother died of
breast cancer shortly after you were born" is too
complicated and grievous for the child to hear?
Oh sure. The double MUM birth certificate
clarifies THAT uncertainty for the kid!
We're going to have to see just how many of
these kids involved in "experimental adoptions"
are going to feel comfortable and open as
they speak to their school chums about their
"parents." I'm more confident we're going
to have a whole new slew of psychotic teens
rambling through school and beyond.
the kids DNA will always prove the certificate to be fraudulent
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