LGBT Court Order Against 'Homophobic' Comments To Child

Discussion in 'Lifestyle' started by CoCo, Jun 2, 2004.

  1. CoCo

    CoCo ...is a Queer Don!! OT Supporter

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    Woman Challenges Court Order Against 'Homophobic' Comments
    State Appeals Court Asked To Overturn Judge's Ruling

    DENVER -- A court order barring a woman from exposing her adoptive daughter to anything homophobic after the woman left a lesbian relationship should be overturned because it is so vague it could require her to black out portions of the bible, her lawyer argued in court Tuesday.

    The order unfairly limits Cheryl Clark's parental right to raise her 9-year-old daughter as a Christian, attorney James Rouse told a three-judge panel of the state appeals court.

    The judges did not immediately issue a ruling.

    Clark, a psychiatrist, raised her daughter with her former partner Elsey McLeod, a psychologist, until converting to Christianity and leaving the relationship 2 1/2 years later.

    After the couple split up, Denver District Judge John W. Coughlin ordered Clark to share custody with McLeod because the girl saw both women as parents.

    He gave Clark sole responsibility for the girl's upbringing, including religious instruction, but told her not to expose her to anything "homophobic."

    McLeod's lawyer, Gina Weitzenkorn, said the order was designed only to protect McLeod's relationship with the child. Weitzenkorn said divorcing husbands and wives are told not to disparage each other in front of their children.

    But Rouse said the order can be interpreted as anything from not saying anything bad about homosexuals -- something Clark insists she won't do -- to teaching against homosexuality.

    He said McLeod could object and take Clark to court if she allowed the girl to read the Biblical story of Sodom and Gomorra or sent her to summer camp where a counselor spoke out against homosexuality.

    "There is nothing mutual about it. It applies only to Dr. Clark," Rouse said. "There is nothing to prevent Dr. McLeod from saying Dr. Clark's religion is a crock."

    Clark has gotten the backing of the Alliance Defense Fund of Scottsdale, Ariz., a Christian legal group which challenged San Francisco's decision to allow gay marriage.

    Weitzenkorn said reading the Bible wouldn't violate the court order and Clark couldn't be held responsible for what her daughter might hear on the playground or anywhere else.

    Coughlin's order led to an unsuccessful attempt to impeach him in the Legislature. State lawmakers said the judge apparently ruled in the best interests of the girl in an unusual case.

    Clark and McLeod were living together when they agreed to adopt a baby from China. Because both Chinese and Colorado law bars same-sex couples from adopting, only Clark was listed as the legal parent. McLeod posed as her roommate.

    The women sent out an "arrival announcement" listing them both as mothers and encouraged the girl to call Clark "momma" and McLeod "mommy." Clark added McLeod's name to her daughter's and changed her will to make sure McLeod would get custody upon her death.

    According Coughlin's order, Clark later began to feel that McLeod had bonded so strongly with their daughter that she was being excluded.
     
  2. Har-Megiddo

    Har-Megiddo Guest

    I'm pretty sure limiting what a kid can have said in front of them by their parent goes against the privacy and (another amendment i can't remember, it has to do with rights not given to the state are for the people) clauses. I would like nothing better for people to keep that shit to themselves and it's even worse when she's trying to put the shield of religion over it, but I don't think it's legally proper.
     
  3. CoCo

    CoCo ...is a Queer Don!! OT Supporter

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    ...given, but I can also see the whole nondisparaging point of view too.
     

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