WV Supreme Court grants custody to deceased mother's lesbian partner

[Charlie Brown]

http://www.sovo.com/thelatest/thelatest.cfm?blog_id=1170

A divided West Virginia Supreme Court has awarded custody of a 5-year-old boy to his dead mother's lesbian partner — ruling that a "psychological parent" can intervene in custody battles.

A "psychological parent" is defined as a person who fulfills a child's psychological and physical needs and provides emotional and financial support.

The American Civil Liberties Union praised the ruling, saying it's the first time the court has recognized a gay person's right to seek such recognition.

[Straight Shooter]

1. All right, West Virginia!

:thumbsup:

[bluestateguy]

2. "Activist judges legislating from the bench"

This will only spur the legislature and anti-gay hate groups to demand that more gay bashing laws be enacted.

[MeDeMax]

3. IMPRESSIVE...wow

imagine that, the WV that everyone puts down steps up to the plate and delivers a home run for a child in need.

while we in Ohio ran to the polls like a dumb flock of sheep to vote yes on issue 1 to hide our insecurity.

[PartyPooper]

4. I'm glad they used the term "psychological" in this decision.

I think they "get it".

West Virginia, :yourock:

<edited for spelling.> :-)

[HeeBGBz]

5. They did something right for a change

How refreshing!

[soothsayer]

6. Wow! Way to go, WV!

Makes me glad I leave all those tax donations for you at your charles town racino!

[Rowdyboy]

W Va. Supreme Court Gives Custody of 5-Year-Old Boy to Dead Mom's Partner"

CHARLESTON, W.Va. (AP) - The state's highest court on Friday gave custody of a 5-year-old boy to his dead mother's lesbian partner, despite the protests of the woman's blood relatives.
Tina Burch had appealed to the West Virginia Supreme Court for custody of the son of her partner, Christina Smarr, who died in a 2002 car accident. Within hours of her death, Smarr's relatives had given the child to his grandparents.

A family court gave custody to Burch, but a circuit court ruled that she didn't have the legal rights to her former partner's child.

Jim Douglas, Burch's attorney, argued that the boy's biological father, who was not involved in the child's life, supported Burch having custody

http://ap.tbo.com/ap/breaking/MGBTJ8KA3AE.html

For the first time in American history a court has recognized a gay parents right to be declared a "psychological" parent.

Maybe its not time to break out the champagne but this is a step in the right diredction.

And in West Virginia, no less. You go you crazy red-staters! :thumbsup:

[Fiona]

7. Can you fix the typo in the headline?

I thought Howard Dean was a lesbian from the way it's written.

[Maddy McCall]

9. LOL! Me, too.

[Rowdyboy]

13. Probably a Freudian slip, if you know what I mean...

"Custody of boy to Dean's mom's partner"

[Rowdyboy]

10. I fixed one and was so proud!

Then I saw the "Dean". Damn, thats what I get for posting when I'm.....uh, sleepy, yeah, thats right, I'm sleepy.

[sasquatch]

8. You've got Dean in place of Dead

Thought I'd let you know.

[Rowdyboy]

12. Obviosusly, I need all the help I can get...Two typos in one headline

is pretty sad. Thanks for the heads-up.

[Erika]

11. Yes! n/t

[deadparrot]

14. Whoo-HOO!

That's great news, as long as the woman is ready, willing, and able to be a good parent to this boy.

Best of luck to both of them...it's a great step for the rights of gay partners in this country.

[Rowdyboy]

15. Hate to kick my own thread but I think this is important, so, dammit

since NOBODY else will!

:kick:

[mom cat]

16. Great post.

[marbuc]

17. This happened in WV?

That's a shocker. Their supreme court is elected, most of those people are socially conservative.

[JerseygirlCT]

18. Great news!

Who'd have thought something like this should even be questioned?

[SW FL Dem]

19. My thoughts exactly!

It's a no-brainer, the boy needs to be with the woman he thinks of as mom.

[MountainLaurel]

20. I'd be interested to know

The relationship between Ms. Smarr and her parents before her death. How much you want to bet they'd kicked her out of their lives for being gay?

And who were these "relatives" who took the child and handed it over to the grandparents to begin with?

Anyway, here are some more details about the case from the Charleston Gazette:

http://www.wvgazette.com/section/News/200506184?pt=10

[benny05]

21. Lauding the judge

there is justice...let's hope it will remain that way.

[napi21]

22. Boy! I'm surprised at W Va!

Maybe there's hope for our country yet!