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Lesbian’s Ex-Partner Declared “De-Facto Parent” by Washington State Court

Mother now married to child’s biological father must give previous lesbian partner access

By Terry Vanderheyden

OLYMPIA, Washington, November 4, 2005 (LifeSiteNews.com) – A Washington State Supreme Court judge ruled Thursday that the former lesbian partner of a child’s biological mother can be considered the “de facto parent” of the ten-year-old girl the mother conceived by artificial insemination. The girl’s mother, Page Britain, is now married to the girl’s biological father after separating from her lesbian lover.

Sue Ellen Carvin sued Britain in 2002 after she was denied visitation of the girl conceived in 1995. Chief Justice Bobbe J. Bridge, writing for the majority, said that “in the face of advancing technologies and evolving notions of what comprises a family unit, this case causes us to confront the manner in which our state . . . defines the terms ‘parents’ and ‘families.’” The ruling, approved by seven of nine Supreme Court judges, means that Carvin can now sue for custody and visitation rights.

“Imagine the Pandora's box that opens,” said one of Britain’s attorneys, Erica Krikorian, according to an AP report. “Anytime somebody comes along and cohabitates – in a heterosexual or homosexual relationship – all of a sudden, add water and you’re creating these rights. You have to be careful who you're letting your kids hang out with.” Britain’s attorneys are recommending an appeal to the Supreme Court.

Britain’s co-counsel, Brian Krikorian, said, “This decision puts every single parent on notice: Anytime you allow another adult to assist in raising your child, you could potentially be giving that person 50-percent authority over your child.”

Justice James Johnson, dissenting from the majority opinion, condemned the court for its “judicial decree” that brought in a new method for determining who a child’s parent is. “Regardless of the various sexual orientation claims, the outcome must be that a mother has a fundamental right to make decisions for her child,” he stated. “The majority’s ruling fails to provide any protection for Britain's fundamental constitutional right as a fit mother to make decisions concerning the upbringing of her own daughter. Worse, in my view, the majority here looks beyond a detailed and complete statutory scheme adopted by the Washington Legislature and creates by judicial decree a new method for determining parentage.”

Rev. Joseph Fuiten, chairman of the Faith and Freedom Network, a Washington group campaigning against legalization of same-sex “marriage,” condemned the ruling. “They’ve changed the definition of parents today; they'll change the definition of marriage tomorrow. Who do these people think they are?”

To respectfully contact:
Bobbe Bridge, Justice
Washington State Supreme Court
415 12th Ave SW
PO Box 40929
Olympia, WA 98504-0929
Tel  360-357-2049
email
supreme@courts.wa.gov
attn Justice Bobbe Bridge



To contact Washington Governor Christine Gregoire by email
http://www.governor.wa.gov/contact/govemail.htm   or

U.S. MAIL
Governor Christine Gregoire
Office of the Governor
PO Box 40002
Olympia, WA 98504-0002

TELEPHONE
Governor’s Office (360) 902-4111
Fax (360) 753-4110
To contact relay operators for the deaf or hearing impaired, please dial 7-1-1.

 

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