Ohio
Supreme Court Case 2001-0625. In re Bonfield, 2002-Ohio-4182.
Hamilton App. Nos. C-000436 and C-000437.
Custody "Pursuant
to its authority under R.C. 2151.23(A)(2), a juvenile court
may determine whether a shared custody agreement between
partners in a same-sex relationship is in the best interests
of the children.
Judgment
reversed in part, affirmed in part and cause remanded.
How the Justices decided. This is good news for the traditional
family.
Moyer,
Douglas, Resnick and Sweeney concur. Pfeifer, concurs separately.
Cook and Lundberg Stratton, concur in part and dissent
in part.
From
PlanetOut News a homosexual news source"
Ohio court: Lesbian partner isn't parent Ann Rostow, Gay.com / PlanetOut.com
Network
Wednesday, August 28, 2002 / 04:52 PM
SUMMARY:
In a 5-2 decision announced Wednesday, the Ohio Supreme
Court ruled that a lesbian mother could not be considered
a parent to her partner's children. In a 5-2 decision announced
Wednesday, the Ohio Supreme Court ruled that a lesbian
mother could not be considered a parent to her partner's
children under state law.
The
couple in the case, Shelly Zachritz and Teri Bonfield,
have been together 14 years and have six children, the
Associated Press reports. The court opinion revolved around
the relationship between Zachritz and five of the children
-- two boys adopted under Bonfield's name, and three other
children subsequently born to Bonfield.
Although
both mothers have shared equally in raising the kids,
a lower court rejected their petition for allocated parental
rights and responsibilities, a status that would let
two willing parents assume joint legal care of their children.
Although the law in question does not define "parent," the
lower court determined that the shared parenting status
was reserved for biological or adoptive parents only.
In
a seven-page ruling, the Ohio majority said that the women
could not qualify for shared parenting, but could possibly
win joint custody of the children, sending the matter back
to lower court for a determination. But although the couple's
lawyer had kind words for the opinion, family advocates
were not so pleased.
For
one thing, the justices took the opportunity to expound
on the subject of second-parent adoptions, an issue that
was not brought before the court and not briefed. The
opinion called second-parent adoptions "an option in other
states," that "is not available in Ohio," effectively
putting the high court's stamp of disapproval on a major
question of same-sex family law that had yet to be presented
to the Ohio justices.
According
to Shannon Minter of the National Center for Lesbian Rights,
advocates may ask the court to strike that language from
the published opinion.
Second,
by relegating the women to joint custody at best, the court
left the status of same-sex parents unclear.
"What
happens to two partners with joint custody if they separate?" asked
Minter. The ruling, he continued, "could have been
worse, because the court left open one avenue for people
to secure a type of legal relationship," but "it
leaves a lot of questions unanswered, and that's not
good when children are involved."
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