Loading
California court weighs three cases of parental rights of homosexual couples

.- California’s Supreme Court is expected to decide this summer what criteria makes a person a parent in a homosexual relationship and if that criteria is based on biology, legal standards or the role a person lived in that relationship, that is, if a person acted like a parent. The state Supreme Court in San Francisco heard three cases May 24, all involving the parental rights of homosexals once the couple has split up. A ruling is expected in the coming months.

With heterosexual couples, decisions regarding custody and child support are generally simple because the biological criteria is usually present. This is not the case with homosexual couples.

A report in USA Today described the three cases. In one case, Elisa Maria B. and Emily B. decided they wanted children. Emily became pregnant by a sperm donor and gave birth to twins in 1998; one had Down Syndrome. The couple decided Emily would stay home and care for the children while Elisa Maria worked to support them.

The couple split 18 months later, and Elisa cut off financial support, arguing that she was not the children’s biological father. The case made its way to the Supreme Court, with lower courts once ruling in favor of Emily and once ruling in favor of Elisa Maria.

In the second case, K.M. v. E.G., a fertilized egg from K.M. was implanted in E.G., who had twins in 1996. The couple split in 2002, and E.G. denied K.M. access to the children. She cited a waiver of parental rights K.M. signed when she donated her egg. At the state Supreme Court, however, K.M.'s lawyers argued that how the couple lived — both acting as parents for six years — should trump the waiver.

In the third case, Kristine H. v. Lisa R., Kristine had a daughter through artificial insemination. Before the girl was born, she received a court judgment that Lisa was the legal “father” and that both partners were the parents.

The couple split nearly three years later, and Kristine asked the court to void the judgment and rule that Lisa had no visitation rights. An appeals court agreed with her. But Lisa’s attorney’s argued before the state Supreme Court that Lisa's behavior as a parent entitled her to visitation.

Family law professor Ed Stein of Cardozo Law School in New York City said these cases underscore that the law is increasingly defining relationships according to their functionality, or the roles people take on in relationships. “That's a direction in which the law, generally speaking, is headed,” he told USA Today.

Similar legal cases are being heard in Utah, Georgia and Washington state. Courts in New York, Vermont and Pennsylvania have already ruled that both partners of same-sex couples who split may be considered parents.


Ads by AdsLiveMedia(What's this?)

* The number of messages that can be online is limited. CNA reserves the right to edit messages for content and tone. Comments and opinions expressed by users do not necessarily reflect the opinions or beliefs of CNA. CNA will not publish comments with abusive language, insults or links to other pages

RESOURCES »

Ads by Google (What's this?)
Ads by Google (What's this?)

Featured Videos

Pope Francis celebrates the closing Mass and announces site of next World Youth Day
Pope Francis celebrates the closing Mass and announces site of next World Youth Day
Pope Francis visits poor neighborhood and meets with young people from Argentina
Pope Francis celebrates Mass at the National Shrine of Our Lady of Aparecida
Denver rally draws hundreds in support of religious freedom
Pope Francis prays over a sick man in St Peter's Square
Denver women's clinic will offer natural, Catholic care
Interview Clips: Barbara Nicolosi speaks to CNA
US Cardinals press conference at North American College
Pope Benedict to retire to monastery inside Vatican City
Pope cites waning strength as reason for resignation
Hundreds convene in Denver to urge respect for life
New Orange bishop encourages Catholic unity in diversity
Chinese pro-life activist calls for reform, international attention
At Lincoln installation, Bishop Conley says holiness is success
Mother Cabrini shrine reopens in Chicago after a decade
Ordination of 33 deacons fills St. Peter's with joy
Cardinal says "Charity is the mother of all the virtues"
Augustine Institute expands evangelization effort with new campus
Bishops recall 'Way of St. James' as chance to trust in God
Los Angeles cathedral's newest chapel houses Guadalupe relic
Apr
23

Liturgical Calendar

April 23, 2014

Wednesday within the Octa ve of Easter

All readings:
Today »
This year »

Catholic Daily

Gospel of the Day

Mt 28:8-15

Gospel
Date
04/22/14
04/21/14
04/20/14

Daily Readings


First Reading:: Acts 3:1-10
Gospel:: Lk 24:13-35

Saint of the Day

St. Adalbert of Prague »

Saint
Date
04/21/14
04/20/14

Homily of the Day

Mt 28:8-15

Homily
Date
04/22/14
04/21/14
04/20/14

Ads by AdsLiveMedia.com

Ads by AdsLiveMedia.com
     HTML
Text only
Headlines
  

Follow us: