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Mon Feb 25, 2013, 08:34 PM

Kansas Supreme Court Rules In Favor Of Same-Sex Adoption

On Friday, the Kansas Supreme Court issued a ruling protecting the rights of same-sex couples to both be recognized as the legal parents of the children they are raising together. The case involved two women, Marci Frazier and Kelly Goudschaal, who had been raising children together, but then faced a custody dispute after they separated. The Court ruled that the coparenting contract the couple had signed is valid and should be recognized, because their children are better off having two parents than just one:

To summarize, the coparenting agreement before us cannot be construed as a prohibited sale of the children because the biological mother retains her parental duties and responsibilities. The agreement is not injurious to the public because it provides the children with the resources of two persons, rather than leaving them as the fatherless children of an artificially inseminated mother. No societal interest has been harmed; no mischief has been done. Like the contract in Shirk, the coparenting agreement here contains “no element of immorality or illegality and did not violate public policy,” but rather “the contract was for the advantage and welfare of the child.”


The decision remands the case back to the district court with this guidance to work out the details for the couple.

The conclusion in this case is simple and poignant: a child’s parents are the people that have legally committed to caring for them, not necessarily who they are biologically connected to. Interestingly, the justices do not even address the question of same-sex marriage, recognizing that protecting the interests of children is what takes priority. In this case, the children deserve to enjoy the continued support of both of their moms, and nothing in Kansas law prevents that.


http://thinkprogress.org/lgbt/2013/02/25/1633621/kansas-supreme-court-rules-in-favor-of-same-sex-adoption/

8 replies, 818 views

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Reply Kansas Supreme Court Rules In Favor Of Same-Sex Adoption (Original post)
UrbScotty Feb 2013 OP
Skittles Feb 2013 #1
JeffHead Feb 2013 #2
RKP5637 Feb 2013 #3
Tagish_Charlie Feb 2013 #4
rurallib Feb 2013 #6
xchrom Feb 2013 #5
Jim Lane Feb 2013 #7
Zoeisright Feb 2013 #8

Response to UrbScotty (Original post)

Mon Feb 25, 2013, 08:45 PM

1. “the contract was for the advantage and welfare of the child.”

CORRECT

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Response to UrbScotty (Original post)

Mon Feb 25, 2013, 08:56 PM

2. I imagine the whole Phelps family are doing this...

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Response to JeffHead (Reply #2)

Mon Feb 25, 2013, 09:07 PM

3. Couldn't think of a better group of misfits than the Phelps!

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Response to JeffHead (Reply #2)

Mon Feb 25, 2013, 09:10 PM

4. Westboro hell!

 

Supreme Mullah, Taliban Sam, Ruler of Brownbackistan has to be drooling in his shoes over this one

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Response to JeffHead (Reply #2)

Mon Feb 25, 2013, 09:57 PM

6. brownback also!

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Response to UrbScotty (Original post)

Mon Feb 25, 2013, 09:37 PM

5. Du rec. Nt

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Response to UrbScotty (Original post)

Tue Feb 26, 2013, 01:04 AM

7. Heather has two mommies... plus a damn good lawyer.

The legal reasoning is clear, but I imagine the lawyer had to work some to help the judges get past the fact that it was a same-sex couple.

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Response to UrbScotty (Original post)

Tue Feb 26, 2013, 01:10 AM

8. Well, this is one of maybe two times a year Kansas is right about something

Just like a stopped clock.

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