California court decision protects children of same-sex parents

By Dawn Wolfe Gutterman
SAN FRANCISCO – The California Supreme Court has ruled that custody and child support laws that hold absent fathers accountable also apply to estranged gay and lesbian couples who use reproductive science to conceive.
Ruling in three different lesbian parenting cases on Aug. 22, the state's highest court said that same-sex couples who raise children are lawful parents, and just like heterosexual couples.
"The California Supreme Court made legal history today by holding, in three separate decisions, that children born to same-sex couples must be treated equally to other children and thus have a legally protected relationship to both partners," said Courtney Joslin, the National Center for Lesbian Rights senior staff Attorney who argued one of the case before the California Supreme Court. "These decisions are a tremendous victory for children, for parental responsibility, and for common sense."
One of the cases addressed child support, while the other two addressed parental visitation rights. The precedent-setting decisions put former gay and lesbian couples on equal ground with unmarried heterosexual couples.
"Hallelujah! I think my partner and I should be moving to California," said Beverly Davidson, president of Michigan's Coalition for Adoption Rights Equality. "The fact that California is recognizing couples who are deliberately bringing children into the world and is granting them legal rights is the right decision, because that's in the best interests of the child."
"There are a lot of men and women who procreate [without deliberation] yet they immediately have full legal rights," Davidson added.
Davidson said that the California decision will be useful when the second parent adoption bill which is currently pending in Michigan is introduced in the House this fall.
"It certainly will help other states, I hope," she said.
The three cases are Elisa B. v. Superior Court, K.M. v. E.G., and Kristine H. v. Lisa R. NCLR was counsel for Emily B., a mother seeking child support from her former partner, in the Elisa B. case and also filed amicus briefs in the K.M. and the Kristine H. cases.
In the Elisa B. case a same-sex couple – Emily B. and Elisa B. – had children together using artificial insemination by an anonymous sperm donor. Emily gave birth to twins in 1998, one of which has Down syndrome. After the twins' birth, the couple decided that Emily would stay home to care for the children and Elisa would be the family's breadwinner. When the couple split up 18 months later, Elisa eventually cut off all contact and support, prompting Emily to apply for assistance from the state, which brought a child support action against Elisa. In today's ruling, the California Supreme Court strongly affirmed the trial court's ruling that Elisa is a legal parent who cannot simply walk away from her obligation to support the two children she agreed to bring into the world.
"I am elated beyond words that the Court recognized the reality that my children have two parents," said Emily B. "This is a tremendous victory not only for my family but for all children born to same-sex couples."
In its decision the Court held: "A person who actively participates in bringing children into the world, takes the children into her home and holds them out as her own, and receives and enjoys the benefits of parenthood, should be responsible for the support of those children – regardless of her gender or sexual orientation."
In the other cases, an El Dorado County lesbian was ordered to pay child support for her former partner's biological children, and a woman from Los Angeles was told she could not go to court to terminate the parental rights of her former lesbian lover, years after obtaining a court order stipulating they were both parents.
Despite the fact that one of the rulings specifically protects the economic security of children, self-described pro-family organizations were against all three.
"The California Supreme Court is determined not to be outdone in the aggressive fashioning of new social policy under the guise of deciding legal cases," commented Stephen Crampton, chief counsel for the American Family Association Center for Law & Policy.
"Today's ruling defies logic and common sense by saying that children can have two moms," said attorney Mathew Staver of the Liberty Counsel. "That policy establishes that moms and dads as a unit are irrelevant when it comes to raising children." The Liberty Counsel filed amicus briefs against all three of the lesbian plaintiffs.
Additional reporting by the Associated Press.