Supreme Court lets stand lesbian co-parent’s rights
Supreme Court lets stand lesbian co-parent’s rights
By Louis Weisberg
Copyright by The Chicago Free Press
The U.S. Supreme Court dealt an important victory to gay and lesbian parents last week in letting stand a Washington state ruling permitting a lesbian to seek parental rights to a child she helped raise with her longtime partner.
The justices declined to review a decision by Washington’s highest court that recognized Sue Ellen “Mian” Carvin as a “de facto parent” of the 11-year-old biological daughter of her former partner Page Britain.
The couple had lived together for five years before deciding to become parents. Britain gave birth to the child in 1995 after being artificially inseminated. The girl called Carvin “Mama” and Britain “Mommy.”
The couple broke up in 2001 and the following year Britan barred Carvin from seeing the girl, prompting her to file a lawsuit.
The case had been closely watched because the Washington Supreme Court decision applied common-law parenting rights to same-sex couples. More and more state courts are using this approach to resolve parenting disputes between same-sex couples, and the High Court’s refusal to intervene gives it greater standing.
“This is an important victory,” said Jenny Pizer, senior counsel with the western regional office of Lambda Legal, which filed an amicus brief in the Washington case.
“For a long time, biological parents had full parental rights and nonbiological parents were seen as strangers under the law,” Pizer said. “There has been good forward progress over the past 10 years with state courts realizing that they should apply longstanding common law rules (regarding parenting) to same-sex couples.”
The High Court seldom intervenes in family law matters, which fall under state jurisdiction. In 2004, the justices declined to review a California Supreme Court ruling upholding second-parent adoption rights. In 2000, the U.S. Supreme Court refused to hear a challenge to a New Jersey ruling that gave legal standing to a non-biological mother who broke up with the biological mother of twins they were raising together.
But same-sex family advocates were concerned about this case due to a 2000 U.S. Supreme Court ruling striking down a Washington state law that gave grandparents court-protected access to children, even if their parents objected.
Child welfare advocates support the rights of de-facto parents, because studies show that “children suffer terribly when they lose a relationship with one of their parents through divorce or death,” Pizer said.
By Louis Weisberg
Copyright by The Chicago Free Press
The U.S. Supreme Court dealt an important victory to gay and lesbian parents last week in letting stand a Washington state ruling permitting a lesbian to seek parental rights to a child she helped raise with her longtime partner.
The justices declined to review a decision by Washington’s highest court that recognized Sue Ellen “Mian” Carvin as a “de facto parent” of the 11-year-old biological daughter of her former partner Page Britain.
The couple had lived together for five years before deciding to become parents. Britain gave birth to the child in 1995 after being artificially inseminated. The girl called Carvin “Mama” and Britain “Mommy.”
The couple broke up in 2001 and the following year Britan barred Carvin from seeing the girl, prompting her to file a lawsuit.
The case had been closely watched because the Washington Supreme Court decision applied common-law parenting rights to same-sex couples. More and more state courts are using this approach to resolve parenting disputes between same-sex couples, and the High Court’s refusal to intervene gives it greater standing.
“This is an important victory,” said Jenny Pizer, senior counsel with the western regional office of Lambda Legal, which filed an amicus brief in the Washington case.
“For a long time, biological parents had full parental rights and nonbiological parents were seen as strangers under the law,” Pizer said. “There has been good forward progress over the past 10 years with state courts realizing that they should apply longstanding common law rules (regarding parenting) to same-sex couples.”
The High Court seldom intervenes in family law matters, which fall under state jurisdiction. In 2004, the justices declined to review a California Supreme Court ruling upholding second-parent adoption rights. In 2000, the U.S. Supreme Court refused to hear a challenge to a New Jersey ruling that gave legal standing to a non-biological mother who broke up with the biological mother of twins they were raising together.
But same-sex family advocates were concerned about this case due to a 2000 U.S. Supreme Court ruling striking down a Washington state law that gave grandparents court-protected access to children, even if their parents objected.
Child welfare advocates support the rights of de-facto parents, because studies show that “children suffer terribly when they lose a relationship with one of their parents through divorce or death,” Pizer said.
posted by Carlos T Mock at 7:44 AM
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