Equality news round-up: Utah judge removes child from same-sex parents, and more
November 12, 2015
Adoption LGBT Legal Cases Marriage equality Marriage Equality Trials
– A judge in Utah has ordered the removal of a child from a home because the child has same-sex parents.
– In Arkansas, a former state Supreme Court justice claimed that the court was ready to strike the same-sex marriage ban before Obergefell came down.
If anything else breaks, we’ll cover it.
35 Comments
1.
weaverbear | November 12, 2015 at 8:50 am
This judge's actions should send ice water through the veins of any of us who've been parents, whether those children were ours biologically or not. It must be fought with everything we've got or none of our parental rights are safe. The message here is we are still lesser than, and that cannot be allowed to stand.
2.
guitaristbl | November 12, 2015 at 10:26 am
What a heinous judge in Utah. An ethics complain must be filed against him immediately – the new (limited) anti discrimination law there may be put in good use in this case as well.
3.
FredDorner | November 12, 2015 at 1:55 pm
I love how the judge refuses to cite the (Regnerus) nonsense on which he based his ruling…….debunked nonsense which the state of Utah itself backed away from in their appeal of Kitchen v Herbert.
No surprise at all that the judge is a Mormon.
4.
JayJonson | November 12, 2015 at 2:20 pm
Even the Governor and Attorney General of Utah seem unhappy with the obvious unfairness of this judge.
http://www.towleroad.com/2015/11/utah-governor-ju…
5.
FredDorner | November 12, 2015 at 3:37 pm
That's pretty good news and likely indicates the AG will challenge the ruling. There's pretty much zero chance the ruling will stand on appeal.
Hopefully this increases the level of blowback against the LDS cult.
6.
David_Las_Cruces_NM | November 12, 2015 at 6:02 pm
Mormonism and the mainstream LDS club (I suppose technically one could call it a “church”—Mormons themselves call it “The Church”. . . notice the explicit emphasis) does not exhibit all of the traditional, scholarly characteristics of a “cult”—just enough of the behaviors to qualify for the scholarly definition of a “cult-like organization.” Utahns get really, really upset and start throwing themselves a perfectly pretty pity party whenever their club is called a cult. . . not that anyone really cares that the difference between a “cult” and a “cult-like organization” is a collection of scholarly definitions that only a full professor of abnormal psychology would understand.
Snicker.
(The author formerly was known as David_Midvale_UT.)
7.
VIRick | November 12, 2015 at 7:44 pm
David, in Mexico, in Spanish, on the one hand, we have "la iglesia católica."
And on the other, for everything else, we have "los otros cultos."
It's embedded in the every-day language, and constantly pisses off the LDSs, the JWs, el culto apostólico y todos los otros cultos.
I don't know how else to express it. There is no other word available.
8.
jcmeiners | November 13, 2015 at 8:53 am
According to catholic church doctrine, only churches that are in the apostolic succession are churches. That rules out all evangelicals, etc. And churches that have the apostolic succession, but do not recognize the pope, like orthodox churches, are considered flawed churches.
9.
VIRick | November 14, 2015 at 11:50 am
Thanks JC, that appears to be the underlying message that has penetrated down into ordinary, every-day speech.
In fact, it also explains why in Brasil, in Portuguese, in ordinary, every-day language, they basically say the same thing.
There, on the one hand, we have "a igreja católica," and on the other, "a adoração apostólica e todos os outros cultos, com a excepção de ortodoxo."
Also, that word, "apostolic," becomes a bit tricky when switching languages. I see now why the evangelicals in Latin America prefer to call themselves "apostólicos," rather than "evangelistas," as self-declared "proof" of their "legitimacy" when going against "la iglesia católica."
10.
Eric | November 13, 2015 at 10:20 am
A cult is any religion with fewer members than one's own.
11.
Shmoozo | November 13, 2015 at 2:24 pm
Or more.
12.
Mike_Baltimore | November 14, 2015 at 2:34 pm
There are about 15 million Mormons in the world. Compare that with the 8.2 million Jehovah's Witnesses worldwide, which is more than the Church of Christ [2,034,338 worldwide]; Presbyterian [less than 2,000,000 worldwide; Congregationalist – about 5,000,000 worldwide; etc.). Most, even most Mormons, would say Jehovah's Witnesses, Church of Christ, Presbyterian, Congregationalist, etc. are NOT cults.
Most actual religious cults number in the dozins at most, some in the hundreds or very low thousands.
And some believe Xianity, in it's early days, was nothing but a breakaway cult of Judaism that became more than a cult only when the number of Xians in the world numbered more than the low hundreds of thousands. Some think of it still as nothing but a cult.
13.
FredDorner | November 13, 2015 at 7:45 pm
They're all cults by definition, some just have more members than others.
"Mine is a denomination, yours is a sect, theirs is a cult."
14.
VIRick | November 12, 2015 at 4:25 pm
UTAH: Anti-Gay Gov. Gary Herbert Says Judge Should “Follow The Law” In Gay Foster Parents Case
Shortly after same-sex marriage was first legalized in Utah in late 2013, Gov. Gary Herbert ordered state agencies to deny benefits to LGBT couples. Herbert was sued and lost. Therefore, today, 12 November 2015, he grudgingly said that the judge should “follow the law” when it comes to the lesbian couple ordered yesterday to surrender their baby to heterosexual parents. Ben Winslow reports at Salt Lake City’s Fox affiliate:
April Hoagland and Beckie Pierce are challenging 7th District Juvenile Court Judge Scott Johansen’s decision to have the foster child removed within seven days, claiming the judge said research he’d done showed the girl would do better in a heterosexual household. The decision has brought condemnation from LGBT rights groups. The couple has met with attorneys to appeal Judge Johansen’s decision.
Governor Herbert said Utah’s Division of Child and Family Services' top priority is to protect the safety and welfare of the child, putting them in a home that has been vetted. “I expect the court and the judge to follow the law. He may not like the law, but he should follow the law. We don’t want to have activism on the bench in any way, shape or form. Laws, sometimes people don’t like, but the judge should not interject his own personal beliefs and feelings and supersede the law,” Herbert said. http://www.joemygod.com/2015/11/12/utahbabycase/
15.
David_Las_Cruces_NM | November 12, 2015 at 6:04 pm
Another link worth considering: http://abcnews.go.com/US/wireStory/governor-puzzl…
16.
allan120102 | November 12, 2015 at 6:02 pm
News from Colombia in terms of adoption not marriage .http://www.elnuevoherald.com/noticias/mundo/america-latina/colombia-es/article44549769.html
17.
VIRick | November 12, 2015 at 9:11 pm
Here's a corrected link to Allan's reference: http://www.elnuevoherald.com/noticias/mundo/ameri…
The tail-end of this article neatly summarizes the early rulings of Colombia's Constitutional Court on the subject of same-sex spousal rights:
In 2007, the high court accepted de facto unions between same-sex couples (without considering marriage) and granted health care rights to same-sex spouses; the following year, they guaranteed pension rights for gay couples, and in 2009, they included other economic rights (like property and inheritance). And now, adoption.
18.
allan120102 | November 12, 2015 at 6:32 pm
Interesting . There have been 40 same sex marriages in Colombia since the court ruling in 2011. Gay groups are asking the court to give a veredict that all notaries and judges should follow. As some are allowing marriages and other civil unions. https://www.rcnradio.com/nacional/colombia-divers…
19.
VIRick | November 12, 2015 at 8:43 pm
Here's a further article (in Spanish) about one of those 40 or so marriages which have taken place in Colombia over the past two years. In this instance, the marriage took place in Medellín this past August between a transgender woman and a gay man. From the pictures, it would seem that María Paula and Juan Iván Arango put on quite a splashy affair, as they were married before a notary, with about 200 friends, family, and media in attendance, including a senator from the Liberal Party, Juan Manuel Galán. https://www.rcnradio.com/locales/pareja-lgbti-con…
20.
Fortguy | November 12, 2015 at 9:11 pm
Jordan Rudner, The Texas Tribune: No Evidence Yet of Backlash to Houston HERO Vote
21.
Fortguy | November 12, 2015 at 9:56 pm
Meanwhile, moving on up to the north end of I-45 in Dallas,
Robert Wilonsky, The Dallas Morning News: Mayor to Dan Patrick: Dallas’ LGBT protections are not ‘about where people relieve themselves’
This represents a change of heart for Mayor Rawlings.
The article then re-posts a 2002 DMN article about the passage of the original 2002 ordinance. Of note is the prominence given to Fort Worth in both the DMN article and the Tribune article I posted above about Houston. Yes, you have to have lived there before to understand how, in so many ways in the bipolar DFW metro, Cowtown is more progressive than Big D.
22.
scream4ever | November 12, 2015 at 11:01 pm
The judge in Arkansas refused to stay Fayettville's anti-discrimination ordinance despite the statewide law, so I don't see such laws having much force in the future.
Houston really needs to pass the identical bill ASAP, citing the mistake made by certifying it early, and the fraudulent signatures collected by the opposition. Put them on the spot and make them do it right this time.
23.
Fortguy | November 12, 2015 at 11:33 pm
Unfortunately, SCOTX set a very different legal precedent in Texas explicitly showing that hate counts more than municipal charter rules regarding valid ballots even if those rules were upheld by, not only a trial court, but even a jury. Therefore, we have a very unfavorable climate compared to Arkansas.
I agree that we need to push HERO again, but do it much smarter and more inclusively the next time. Let's cross our fingers that Sylvester Turner will be the new mayor and that he makes this his priority. Otherwise, we're SOL until the next mayoral election cycle.
24.
JayJonson | November 13, 2015 at 7:39 am
We have to do it honestly. The pretense that the ordinance was not about gay and trans rights made it appear that our side was dishonest. And, of course, we must reach out to Hispanic and African American voters. And we have to be willing to attack the extremists directly, letting them know that bigotry in the name of religion is still bigotry.
25.
scream4ever | November 12, 2015 at 11:53 pm
Well it would be in federal court, and out of the jurisdiction of the Texas Supreme Court.
26.
jcmeiners | November 13, 2015 at 10:40 am
The Utah judge has reversed himself:
http://www.nytimes.com/2015/11/14/us/utah-lesbian…
I guess he saw the backlash…
27.
VIRick | November 13, 2015 at 2:07 pm
In regard to this matter, and the original decision, this comment has been posted on Equality Case Files by an attorney:
A judge has zero authority to "do his own research" and reach his own factual conclusions, let alone without giving the parties a chance to cross-examine those conclusions — in which case he is an expert witness, not a judge. This was not only a gross violation of "Obergefell," it was an even worse violation of the most fundamental principles of due process in an American court of law. Irrespective of whether Utah's judicial disciplinary body takes note (it should), it is impossible to imagine a more patently illegal type of judicial disposition than this.
28.
aiislander | November 13, 2015 at 2:22 pm
Absolutely correct! This D-bag should be removed from the bench pronto!
29.
VIRick | November 13, 2015 at 2:21 pm
Utah Judge Backs Off Order to Remove Foster Child from Same-Sex Couple’s Home
Per Fox News 13, Salt Lake City:
Price UT — A juvenile court judge has backed off his order that a foster child be removed from a same-sex couple's home to be placed with a heterosexual couple. In an order issued Friday, 13 November 2015, the 7th District Juvenile Court Judge, Scott Johansen, scratched out his original decision to remove the 9-month-old girl from April Hoagland and Beckie Pierce's home.
The couple, who married in August, were approved to be foster parents after a vetting by Utah's Division of Child and Family Services. But during a recent hearing, Judge Johansen ordered the child removed from their home, indicating that he had seen research that showed a child did better if raised by a heterosexual couple. All parties involved in the case, including the Guardian ad Litem, DCFS, and the foster parents, objected.
In today's ruling, Judge Johansen also scratched out his "belief" and instead wrote he had "a concern."
The Utah Attorney-General's Office, which represents DCFS, filed a motion late Thursday, 12 November 2015, asking Judge Johansen to reconsider his ruling. On Friday morning, the judge allowed the child to remain with the lesbian couple, and set a December hearing for an update.
"I'm really happy," DCFS Director Brent Platt stated on Friday. "It's not over yet, but at least we don't have the Tuesday (17 November 2015) deadline. The child can stay with the foster parents. That's exactly what we want to have happen, and hopefully, we'll be better prepared at court to even justify our reasoning even more." Platt called the couple "a good family," and said DCFS caseworkers felt the child was "a good fit." "We have no reason to change our minds," he said. http://fox13now.com/2015/11/13/utah-judge-backs-o…
30.
FredDorner | November 13, 2015 at 7:48 pm
I hope the family files for a change of judge before the adoption hearing. There's no way this LDS bishop should be sitting on any case involving gays due to his anti-gay bias.
31.
davepCA | November 13, 2015 at 8:27 pm
"The Utah judge has reversed himself"……..
This judge still ought to, um, go do something else with himself.
What a miserable jerk. I hope this guy gets absolutely crushed by every kind of legal action that could possibly be applied to this situation.
32.
VIRick | November 13, 2015 at 2:47 pm
And just for shits and giggles, we have this earth-shattering ruling:
Pastafarian Strikes Blow For Religious Liberty
A Massachusetts woman has won the right to wear her Holy Headgear in her driver’s license photo. The "Boston Globe" reports:
Lindsay Miller claims the spaghetti strainer is a sign of her devotion to the “Church of the Flying Spaghetti Monster.” Miller was originally denied by the Massachusetts Registry of Motor Vehicles the right to wear the colander, her lawyer said. According to the RMV’s website, drivers are not allowed to wear hats or head covers in their photos, unless they are worn “for medical or religious reasons.”
Miller fought the RMV’s decision, and enlisted the help of Patty DeJuneas, a member of the Secular Legal Society, which is the network of lawyers that assist the American Humanist Association. “The First Amendment applies to every person and every religion, so I was dismayed to hear that Lindsay had been ridiculed for simply seeking the same freedoms and protections afforded to people who belong to more traditional or theistic religions,” DeJuneas said in a statement.
Pastafarians have won similar battles in New York, Utah, and Texas. See triumphant photo/article here: http://www.joemygod.com/2015/11/13/pastafarian-st…
33.
Fortguy | November 13, 2015 at 8:24 pm
Meet the Luciferians, who just opened up the Greater Church of Lucifer on Main Street in the Houston suburb of Spring.
Leif Reigstad, Houston Press: In Lucifer’s Name: Michael Ford’s Invented Religion Comes to Old Town Spring
The church is located in the "Old Town Spring" downtown district where early 20th Century buildings preserve a small town commercial ambiance in what has grown into a metropolitan suburb. The church has received a lot of push-back, but most of the protesters had to be bused in from elsewhere.
So, there you have it. A community that professes open-mindedness and rejects dogmatism is being protested by sheeple from much larger cults who can't imagine how to live their lives without others spoon-feeding them beliefs from books of ancient magic spells.
34.
Sagesse | November 14, 2015 at 4:33 am
Just listened to this (wearing headphones… it truly is NSFW). I have no idea how much of the language is in the original letter, but this is one astute young ex-Morman.
Watch: Comedian Lewis Black Reads 18 Year Old's Awesome Resignation Letter To The Mormon Church [NCRM]
http://www.thenewcivilrightsmovement.com/davidbad…
35.
davepCA | November 14, 2015 at 2:39 pm
I cannot think of a better person to be reading that letter out loud than Lewis Black. That was quite cathartic!