Ohio Supreme Court Allows Custody Decision to Stand in Lambda Legal Case Representing Lesbian Mother

‘The Court has expressly shut down arguments that Ohio’s antigay amendment impacts parenting and child custody relationships, rights, and responsibilities’

(Columbus, OH, January 5, 2009) –The Supreme Court of Ohio last week let stand an appeals court ruling affirming the enforceability of a court-approved child custody agreement in a case involving lesbian mothers.

“The Court has expressly shut down arguments that Ohio’s antigay amendment impacts parenting and child custody relationships, rights, and responsibilities,”said Camilla Taylor, Senior Staff Attorney in Lambda Legal’s Midwest Regional Office in Chicago. “The Court correctly declined an invitation to treat gay and lesbian Ohio parents differently from other families, and to deprive the children of these families of the protections and support other children receive.”

Lambda Legal represents Therese Leach in her fight to uphold a court-approved joint custody agreement signed by both her and her former partner, Denise Fairchild, in 2001. After their son was born in 1996, both women parented him. In order to ensure that Therese had a protected legal relationship with the child, the two women signed a joint custody agreement. Such agreements were approved by the Ohio Supreme Court in the 2001 In re Bonfield case in which Lambda Legal participated.

The Supreme Court decision comes after Fairchild argued, at a trial court, and the Ohio Court of Appeals for the Tenth District, that Ohio’s antigay constitutional amendment limiting marriage to a man and a woman invalidated the court approved custody agreement she originally sought with Leach. All three courts brushed aside Fairchild’s arguments, ruling that court-approved custody agreements cannot be ignored or unilaterally undone by one of the parents. In July 2008, Fairchild asked the Ohio Supreme Court to hear her case, and Lambda Legal urged the Court to refuse. Today’s order from the high court is the final word on the matter.

The case is In re J.D.F.

Camilla Taylor, Senior Attorney in Lambda Legal’s Midwest Regional office in Chicago is lead counsel on the appeal. She is joined by co-counsel LeeAnn Massucci of Massucci & Kline LLC and Thomas Schmidt of Gahanna, Ohio.

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Erin Baer 212-809-8585 ext 267; Cell: 646-752-3251

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.

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Black gay activists: Ebenezer should dump Warren as MLK Day speaker

The Atlanta Black LGBT Coalition last week called on Ebenezer Baptist Church, the historic church where Dr. Martin Luther King served as pastor, to remove Pastor Rick Warren as the keynote speaker for its upcoming MLK Day service.

“Rev. Warren’s hateful opposition to civil rights for lesbian, gay, bisexual and transgender people and reproductive rights for women, and his intolerance of diversity contradict the values of freedom and equality that this day represents,” the group said in a Dec. 24 press release.

The coalition called on Ebenezer’s pastor, Rev. Raphael G. Warnock, to rescind the invitation to Warren to speak at the Jan. 19 service.

The church did not respond to an interview request by press time.

“Bestowing Rev. Warren such a prominent role does not foster greater understanding between divided communities. Instead it drives more wedges between disenfranchised communities that are continually pitted against each other by the agents of racism and homophobia,” the gay coalition said.
See Black gay activists: Ebenezer should dump Warren as MLK Day speaker
Southern Voice, GA

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Calif. Gay rights leader rejects inauguration invite

(San Francisco, California) The head of California’s largest gay civil rights organization has declined an invitation to attend the inauguration of President-elect Barack Obama because Rev. Rick Warren will deliver the invocation.

“It is extremely disappointing and hurtful that President-elect Obama has chosen California Rev. Rick Warren, who actively supported Prop …

Vanasco: Tammy Baldwin named honorary inaugural co-chair

President-Obama is nothing if not politically savvy.

Perhaps as a bone to gays upset over Rick Warren’s invitation to give the opening prayer during the inaugural ceremony, the openly lesbian Rep. Tammy Baldwin (D-Wisc.) has been named one of 15 honorary co-chairs of the inaugural committee.

Of course, honorary co-chairs are just …

Calif. Gay rights leader rejects inauguration invite

“It is extremely disappointing and hurtful that President-elect Obama has chosen California Rev. Rick Warren, who actively supported Prop …

CONGRESSMAN FRANK BASTS OBAMA’s CHOICE OF RICK WARREN TO GIVE INAUGURATION INVOCATION

“I am very disappointed by President-elect Barack Obama’s decision to honor Reverend Rick Warren with a prominent role in his inauguration. Religious leaders obviously have every right to speak out in opposition to anti-discrimination measures, even in the degrading terms that Rev. Warren has used with regard to same-sex marriage. But that does not confer upon them the right to a place of honor in the inauguration ceremony of a president whose stated commitment to LGBT rights won him the strong support of the great majority of those who support that cause.
“It is irrelevant that Rev. Warren invited Senator Obama to address his congregation, since he extended an equal invitation to Senator McCain. Furthermore, the President-Elect has not simply invited Rev. Warren to give a speech as part of a series in which various views are presented. The selection of a member of the clergy to occupy this uniquely elevated position has always been considered a mark of respect and approval by those who are being inaugurated.”
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