A lesbian ex-wife lost custody of “her” son to the child’s biological parents. Gay-rights activists are in an uproar.
The boy’s mother conceived him while civilly married to another woman. They chose a “gay” donor from a website. Post-birth, the mother left her “wife” and moved in with the child’s biological father. Her ex sued for custody and was denied.
“This case proves that Obergefell v. Hodges, legalizing same-sex ‘marriage,’ was wrongly decided,” said Ruth Institute president, Dr. Jennifer Roback Morse, Ph.D.
“I salute Oklahoma County district Judge Lynne McGuire for defending the right of this little boy to be raised by his mother and father,” Morse said. “The claims of the lesbian former partner should not be allowed to trump the legitimate interest that every child has to a relationship with his or her biological parents.”
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“I appreciate the parents of this child stepping up to do the right thing. Both had been in same-sex relationships prior to their son’s birth. They evidently decided that their relationship with their son and each other is more important than their previous self-identification as gay or lesbian.”
“The couple now have a second child together. I commend their commitment to each other and to their children. I’m sure Ruth Institute followers join me in wishing them every blessing as they nurture their growing family.”
“And yet, despite all of this, we’re supposed to feel sorry for the ex who ‘feels cheated’ over a child who was never legally or biologically hers,” Morse said. “That this case happened at all, demonstrates how Obergefell damaged children’s relationships to their biological parents.”
“Before ‘gay marriage,’ the law presumed the mother’s husband was the father of any children born during their marriage. This presumption almost always attached legal paternity to the biological father.”
“Post Obergefell, the presumption of paternity has been reinterpreted as a gender-neutral ‘presumption of parenthood.’ In 100% of same-sex marriages, this presumption assigns legal parentage to someone not biologically related to the child.”
“The essential purpose of marriage is to attach mothers and fathers to their children and to each other,” Morse said. “Every child has a right to know the identity of, and have a relationship with, his or her parents unless an unavoidable tragedy prevents it.”
“Using a sperm-donor is not an ‘unavoidable tragedy.’ It is a conscious decision that ignores the legitimate rights and needs of children.”
“Obergefell needs to go the way of Roe. The sooner the better.”
Read Morse’s complete commentary in her National Catholic Register article, “Obergefell’s Legacy: Redefining Marriage Redefines Parenthood.”
About the Ruth Institute
The Ruth Institute is a global non-profit organization, leading an international interfaith coalition to defend the family and build a civilization of love.
Jennifer Roback Morse has a Ph.D. in economics and has taught at Yale and George Mason University. She is the author of The Sexual State and Love and Economics – It Takes a Family to Raise a Village.
To schedule an interview with Dr. Morse, contact media@ruthinstitute.org.
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