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Same-Sex Couple Can't Bar Paternity Test Bid, Court Says
New York Law Journal ^ | 11.12.14 issue | Joel Stashenko

Posted on 11/10/2014 7:39:04 PM PST by Behind Liberal Lines

A married same-sex couple cannot use a marital statute to block a man's paternity petition for the child he fathered with one of the spouses during the women's marriage, a Family Court judge has determined.

Monroe County Family Court Judge Joan Kohout (See Profile) said that while state Domestic Relations Law prohibits discrimination against same-sex married couples, it does not require the court to "ignore the obvious biological differences between husbands and wives."

Neither spouse in a male-male marriage can biologically give birth to a baby, and neither spouse in a female-female marriage can be the biological "father," Kohout wrote in Q.M. v. B.C. and J.S.

Applying that logic about the "essential biology" of the sexes and their roles in the birth process, Kohout said the same-sex couple in the case before her cannot invoke the presumption of legitimacy to stop the biological father identified by the court as "J.C." from seeking a determination that he fathered the baby.

(Excerpt) Read more at newyorklawjournal.com ...


TOPICS: Culture/Society; US: New York
KEYWORDS: biology; essentialbiology; homosexualagenda; naturalmarriage; paternity
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1 posted on 11/10/2014 7:39:04 PM PST by Behind Liberal Lines
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To: Behind Liberal Lines

Good judge for slapping down the f***** who have been kidnapping babies since the early NAMBLA years


2 posted on 11/10/2014 7:41:18 PM PST by Viennacon (Obola is a muslim terrorist & his viral illegals need to be deported NOW!)
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To: Behind Liberal Lines

A court invoking biological reality ?
Shocking!


3 posted on 11/10/2014 7:42:00 PM PST by Kozak ("It may be dangerous to be America's enemy, but to be America's friend is fatal" Henry Kissinger)
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To: Behind Liberal Lines
A married same-sex couple cannot use a marital statute to block a man's paternity petition for the child he fathered with one of the spouses during the women's marriage, a Family Court judge has determined.

I'm not even going to try to understand that sentence. I just accept that we've gone down the rabbit hole. I'm just trying to remember how Alice got out. Or did she?

4 posted on 11/10/2014 7:42:33 PM PST by Texas Eagle
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To: Behind Liberal Lines

Despite a nearly incomprehensible opening sentence, it sounds as if this was one of the few recent court decisions that is halfway sane.


5 posted on 11/10/2014 7:42:44 PM PST by RegulatorCountry
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To: Behind Liberal Lines

You mean you can’t just wish upon a star and make all your perverse dreams come true? There is an actual reality to the world of biology and gender and reproduction?


6 posted on 11/10/2014 7:42:57 PM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Behind Liberal Lines

No problem. Kennedy will save them.


7 posted on 11/10/2014 7:44:56 PM PST by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: Behind Liberal Lines

Biology101 wins


8 posted on 11/10/2014 7:45:25 PM PST by smokingfrog ( sleep with one eye open (<o> ---)
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To: Behind Liberal Lines

Why any man would agree to father a baby with a lesbian couple is beyond me.


9 posted on 11/10/2014 7:46:06 PM PST by Blood of Tyrants (The cure has become worse than the disease. Support an end to the WOD now.)
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To: Behind Liberal Lines

This is going to piss off the Left to no end. In their warped minds, the “supplier” of the sperm for a baby does not have any rights to it. Whether husband, boyfriend, sperm donor.


10 posted on 11/10/2014 7:48:03 PM PST by CatOwner
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To: Behind Liberal Lines

I love it.....just wish more would do this...seek paternity that is....


11 posted on 11/10/2014 7:48:29 PM PST by cherry
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To: Texas Eagle
I'm just trying to remember how Alice got out. Or did she?

she woke up...

12 posted on 11/10/2014 7:49:27 PM PST by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: Blood of Tyrants
Why any man would agree to father a baby with a lesbian couple is beyond me.

He was married to one of them before she left him and got "married" to another women.

13 posted on 11/10/2014 7:49:38 PM PST by Petrosius
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To: Kozak
"A court invoking biological reality ?"

Isn't that like Darwinian Evolution?

14 posted on 11/10/2014 7:51:25 PM PST by Paladin2
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To: Behind Liberal Lines

Call it what they will, biology is the reality and does not change. Reproduction requires a male and a female.


15 posted on 11/10/2014 7:52:16 PM PST by kalee
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To: Behind Liberal Lines

Gays are going to start demanding that they have babies out their rear ends.


16 posted on 11/10/2014 7:54:22 PM PST by Telepathic Intruder (The only thing the Left has learned from the failures of socialism is not to call it that)
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To: Behind Liberal Lines

He is just going to end up paying child support.


17 posted on 11/10/2014 7:56:54 PM PST by mylife
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To: latina4dubya

Oh. Right. Thanks for the reminder. I wish it was that easy.


18 posted on 11/10/2014 7:57:52 PM PST by Texas Eagle
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To: mylife

True, but he will be saving his child from an extremely harmful childhood.


19 posted on 11/10/2014 8:03:30 PM PST by txrefugee
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To: Texas Eagle

I think we have to shake them until they turn into kittens.


20 posted on 11/10/2014 8:03:49 PM PST by Harmless Teddy Bear (Proud Infidel, Gun Nut, Religious Fanatic and Freedom Fiend)
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