Lambda Legal Statement Regarding California High Courtss Positive Decisions Concerning Children of Gay and Lesbian Parents

(Los Angeles, August 22, 2005) — Lambda Legal issued the following statement regarding the decision by the California Supreme Court in three cases involving lesbian parents.

Jennifer C. Pizer, Senior Counsel in Lambda Legal’s Western Regional Office in Los Angeles said:

“Today’s decisions build on a solid foundation of California statutory and common law intended to protect California’s children, regardless of the sexual orientation of their parents. These cases highlight the need for a Family Code that protects all families—all kids—equally.

“Though the court issued positive rulings, the rights of lesbian and gay parents in California are under attack. With today’s rulings, the Supreme Court has cast a bright light on why the proposed constitutional amendment initiatives to permanently withhold marriage from same-sex couples and to eliminate most legal protections for domestic partners are discriminatory, antifamily and entirely wrong-headed.

“The cases decided today are fully consistent with parenting decisions concerning gay people in parts of the country with fewer protections for same-sex couples. A court in Pennsylvania, for example, recently issued a strong ruling granting a lesbian mom visitation with her daughter that had been denied solely because her ex-partner (the child’s biological mother) had worked to alienate the child from her. And in Maryland, a court recently agreed that a gay father should be allowed to object to a custody restriction barring his partner from living with him and his son.”

The cases that were ruled on today (Elisa B. v. Superior Court, K. M. v. E. G. and Kristine H. v. Superior Court) all concern the rights and responsibilities of non-biological parents of children born to same-sex couples.

Lambda Legal and the National Center for Lesbian Rights argued in friend-of-the-court papers in these cases that the California Family Code protections for children with unmarried parents apply the same way to children whose lesbian or gay parents are not registered with the state as domestic partners. AB 205, California’s comprehensive domestic partnership law, took effect on January 1, 2005 and provides presumed parentage for couples who register and have children born into the relationship. Lambda Legal and the National Center for Lesbian Rights’ briefs explained there are many thousands of children whose same-sex parents are not registered, or who were born before AB 205 became effective. Constitutional amendment language being proposed now appears to target both the domestic partnership law and court rulings like today’s that protect children equally even if they have lesbian or gay parents.

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Contact: Mark Roy at 212-809-8585 x267

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.