SACRAMENTO, August 23, 2005 (LifeSiteNews.com) – The California Supreme Court ruled Monday that a child may legally have two mothers, after hearing testimony in three separate cases brought by same-sex lesbian couples. The cases before the court “raised fundamental issues as to what makes a family and who qualifies as a parent,” according to an American Family Association release.
In Elisa B. v. Superior Court, the court held that a lesbian who had agreed to raise the children born to her partner, but then split up with her partner, was required to pay child support for the children as a parent. In K.M. v. E.G., the court held that the existence of a written waiver of rights was no bar to a lesbian woman who had donated ova to her partner to assist in an in vitro fertilization asserting rights as a parent. And in Kristine H. v. Lisa R., the court found that a stipulation signed by the natural mother conferred a legal right to her lesbian partner to exercise the role of a parent over the child.
“The California Supreme Court is determined not to be outdone in the aggressive fashioning of new social policy under the guise of deciding legal cases,” said Stephen Crampton, Chief Counsel for the American Family Association Center for Law & Policy, which has endorsed a proposed state constitutional amendment defining marriage in California. “These cases, read together, demonstrate beyond question the social and political agenda of the court. They have little or nothing to do with law,” he said.
“The arrogance of the California court in attempting to redefine the family by the mere stroke of a pen is nothing short of extraordinary,” Crampton observed. “If the people do not stand up and let their voices be heard, the courts will continue to take over every aspect of our lives. It is time to speak out and rein in this runaway judiciary,” he said.
Liberty Counsel filed amicus briefs in all three of the cases, urging the court to protect the right of a biological mother to direct the upbringing of her children without interference from a non-parent, former same-sex partner.
“Today’s ruling defies logic and common sense,” emphasized Mathew D. Staver, President and General Counsel of Liberty Counsel. “By saying that children can have two moms, the court has undermined the family. This ruling establishes a policy that essentially says moms and dads are mere surplus. Thousands of studies conclude that children need moms and dads, not two moms and two dads, but one of each. Gender does matter to children. Today’s ruling underscores the importance of amending California’s constitution to preserve marriage as one man and one woman. The people of California will not put up with such nonsense.”
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