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TOP6NEWS - September 8, 2004 1-NEWS: Another WA judge strikes down state DOMA 2-NEWS: UT high court rejects bigamy case 3-NEWS: WV Supreme Court will hear lesbian custody petition 4-NEWS: Lesbian custody dispute in IN 5-OP-ED: More gay parents sparking discussion in schools 6-OP-ED: HI man files federal suit over public-property access ________________________________________________________ 1-NEWS: Another WA judge strikes down state DOMA Decision at: Second judge rules against state's gay marriage ban A second judge struck down the state's ban on same-sex marriage yesterday, finding that it doesn't serve a valid purpose and may instead weaken families who are trying to make stable homes for children. Thurston County Superior Court Judge Richard Hicks also took the unusual step of ruling that gays and lesbians are a "suspect class," meaning that any law treating them differently must be looked at extra carefully, as is the case with classifications based on race. The issue is headed for the state Supreme Court and will almost certainly emerge in the Legislature next year -- possibly in the form of a proposed constitutional amendment that would ensure people of the same sex can't marry. Hicks declined to give any guidance yesterday on whether lawmakers could choose to create "different kinds of domestic unions or partnerships" called something other than marriage, as a state attorney urged last week. ... ________________________________________________________ 2-NEWS: UT high court rejects bigamy case Utah high court rejects challenge to state's anti-bigamy law Attorney John Bucher had argued polygamy was part of Tom Green’s religion, and that Utah’s laws for cohabitation were so vague that Green had no way to know he was in violation. A unanimous Supreme Court disagreed, however, noting Utah’s bigamy statute “does not attempt to target only religiously motivated bigamy. Any individual who violates the statute, whether for religious or secular reasons, is subject to prosecution.” ... ________________________________________________________ 3-NEWS: WV Supreme Court will hear lesbian custody petition West Virginia Supreme Court to hear lesbian custody petition Tina Burch is appealing for custody of the 4-year-old son of her lesbian partner, Christina D. Smarr, who died in a 2002 car accident. Within hours of Smarr's death, Smarr's brothers-in-law took the child from Burch and handed him over to his grandparents. A lower court ruled in December that state law does not give a homosexual the right to win legal guardianship of a former partner's child; Burch appealed. ... ________________________________________________________ 4-NEWS: Lesbian custody dispute in IN Same-Sex Couple's Breakup Sparks Custody Battle On Friday, a judge ruled that a 4-year-old boy who moved to Georgia in July with his adoptive mother must return to Indiana, where his biological mother is jailed. Nancy Lafferty, who adopted the boy while she was in a romantic relationship with the biological mother, Jill Wihebrink, must either move back to Indiana or allow the child to temporarily live with Wihebrink's Indiana family. The boy must return to the state in a week. ... ________________________________________________________ 5-OP-ED: More gay parents sparking discussion in schools Posted on Wed, Sep. 08, 2004 Nationwide, about 250,000 children have same-sex parents - a trend not limited to cities with large gay populations, according to census data culled by Gary Gates at the nonpartisan Urban Institute. "The highest portions of same-sex couples with children are in the South," said Gates. The reason: He surmises that gays who grew up in the conservative Sunbelt value family and want to start their own. Gay issues have stirred conflict and parental concerns for years, as students have pushed cultural boundaries by forming gay-straight clubs, bringing same-sex dates to proms and resisting harassment and bullying. Now, as gay parents send their kids off to school, new concerns are being raised, reflecting anxiety about premature questions from children regarding human sexuality. "It is amazing how inquisitive 5- and 6-year-olds can be when they are exposed to someone with two moms who are lesbians," said Tony Perkins, president of the Family Research Council, a conservative advocacy group. "This is a very good example of how homosexual marriage impacts other families." Educators said they have to be sensitive to those concerns but said they do not reflect what happens at school. Ellen Herbert, who teaches at Longview High School in East Texas, added: "I would never suggest that we go into any classroom and promote homosexuality. That is a non-issue." Even so, gay issues and schools create conflict – especially because children and human sexuality are involved. ... ________________________________________________________ 6-OP-ED: HI man files federal suit over public-property access Hawaii sued over public-property access The law prohibits people from entering a public place for up to one year after a written warning or request to leave the premises has been issued. It was aimed at removing squatters from public campgrounds, parks and beaches. The American Civil Liberties Union of Hawaii, filing on behalf of Carlos Hernandez, said people or groups could be thrown off public property for no reason and said the law could be used to keep voters out of polling places or to bar groups such as native Hawaiians from the grounds of the state Capitol. ... |
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