Parentage: Carvin v. Page
November 3, 2005
Court's Opinion
Authored by Bobbe J Bridge
Concurring: Barbara A. Madsen, Charles W. Johnson, Gerry L Alexander, Susan Owens, Tom Chambers, Mary Fairhurst
Dissenting: James Johnson, Richard B. Sanders |
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 VanderheydenOLYMPIA, 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?” |