Lawmakers Abandon Bill to Limit Rights of Gay Parents

None by KCPW

(KCPW News) The Utah Supreme Court has ruled in the case of Jones v. Barlow that an estranged lesbian partner does not have visitation rights of her ex-lover's child simply because the two shared parenting duties while they were together. The ruling does precisely what conservative lawmakers hoped to accomplish with a measure of their own. KCPW's Julie Rose reports:

 

State Senator Curt Bramble has dropped plans for a bill that would restrict gay couples from using the legal doctrine of "in loco parentis" to gain custody or visitation of a child. He says last week's State Supreme Court ruling in the case of Jones v. Barlow establishes legal precedent that makes his bill unnecessary.

The Court ruled that an estranged lesbian partner does not have rights to visit her ex-lover's child simply because the two shared parenting duties while they were together.

State Senator Scott McCoy says gay and lesbian couples in Utah have turned to common law doctrines like "in loco parentis" because they lack the legal support structure afforded traditional families.

Senator Bramble says lawmakers will continue to study the possible need to restrict use of the doctrine in divorce and custody cases.

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