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Lesbian Mother Seeks to Reunite Her Family

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Georgia Court of Appeals to hear argument Wednesday, October 10, 10:00 a.m.
October 9, 2001

(ATLANTA, October 9, 2001) — Lambda Legal Defense and Education Fund announced Tuesday that it has filed a brief in support of a lesbian mother’s challenge to a Georgia court’s order barring her from visiting her three sons while living with her partner.


On Wednesday, October 10, at 10:00 a.m., a three-judge panel of the Georgia Court of Appeals will hear argument in Burns v. Burns, a child visitation case that has received national attention. Staff Attorney Stephen R. Scarborough of Lambda’s Southern Regional Office, principal author of Lambda’s brief, will be available for comment after the hearing.

In its friend-of-the-court brief, Lambda explains that the court should be guided by the best interests of the children and the reality of each family rather than rigid formulas when determining custody and visitation.

“What matters most is getting this family back together and making sure that these children are allowed to maintain a loving and supportive relationship with their mother,” said Scarborough. He added, “These children need their mother’s guidance and support.”

After Susan Burns and her husband divorced, the court in 1998 issued an order prohibiting either parent from spending time with the children “during any time where one cohabits with or has overnight stays with any adult” to whom they are not married or related. Susan initially agreed to the order but does not believe it should apply to her relationship with her life partner.

Last year Susan and her partner entered into a civil union in Vermont, and Susan adopted her partner’s last name. She took the position that her civil union should be treated as a marriage and she could live with her partner and still visit her children. Her former husband took her to court, and the trial judge ruled against her.

In its brief, Lambda argues that the court must focus on the Burns children’s interests, and how they are affected by their mother’s relationship, not whether she is married to her partner. Lambda further argues that there is no evidence that the children are harmed in any way by Susan’s committed relationship.

Lambda is the oldest and largest legal organization dedicated to the civil rights of lesbians, gay men, and people with HIV and AIDS. Lambda has its headquarters in New York and regional offices in Los Angeles, Chicago, and Atlanta. Lambda will open an office in Dallas in 2002.

WHAT: Oral argument in Burns v. Burns WHO: Lambda Staff Attorney Stephen R. Scarborough will be available for comment after the hearing WHERE: Georgia Court of Appeals, 334 State Judicial Building, 40 Capital Square, 6th Floor Courtroom, Atlanta WHEN: Wednesday, October 10, 10:00 a.m. EST


(Burns v. Burns, No. 01A1827) — 30
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