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Calif. Court Protects Kids of Gay Couples

More whining from Jerry Falwell’s legal boy Matt Staver over this ruling, ha ha ha.

In the latest ruling to recognize rights of same-sex couples, the California Supreme Court has said gay and lesbian couples who raise children are lawful parents and must provide for their children if they break up.

The state’s custody and child support laws that hold absent parents accountable also apply to estranged gay and lesbian couples who used reproductive science to conceive, the high court ruled Monday.

Being a legal parent “brings with it the benefits as well as the responsibilities,” said Justice Joyce Kennard.

The decision comes a month after the justices ruled that a California domestic partner law grants gays and lesbians who register with the state many of the same rights as married couples, but does not allow them to marry.

“The court is now protecting the children of same sex parents in gay families in the same way children are protected with heterosexual couples in heterosexual families,” said Jill Hersh, who argued the case of a Marin County woman who was granted the right to be the second mother of twins after the birth mother moved out of state.

However, groups opposing gay marriage decried the justices’ actions.

Today’s ruling defies logic and common sense by saying that children can have two moms,” said attorney Mathew Staver of Liberty Counsel. “That policy establishes that moms and dads as a unit are irrelevant when it comes to raising children.”

The ruling stemmed from three cases involving lesbian parents.

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Pam Spaulding

Pam Spaulding