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NCLR Applauds California Supreme Court Decisions in
The California Supreme Court made legal
history
today by holding, in three separate decisions, that
children born to same-sex couples must be treated
equally to other children and thus have a legally
protected relationship to both partners.
history
today by holding, in three separate decisions, that
children born to same-sex couples must be treated
equally to other children and thus have a legally
protected relationship to both partners.
NCLR Press Release
National Center for Lesbian Rights Applauds California Supreme Court Decisions in
Groundbreaking Parenting Cases
For Immediate Release
San Francisco, CA - August 22, 2005
“The California Supreme Court made legal
history
today by holding, in three separate decisions, that
children born to same-sex couples must be treated
equally to other children and thus have a legally
protected relationship to both partners. These
decisions are a tremendous victory for children, for
parental responsibility, and for common sense.”
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This morning the California State Supreme Court
issued groundbreaking opinions in three cases
involving the legal status of children born to same-
sex parents. The three cases are Elisa B. v. Superior
Court, K.M. v. E.G., and Kristine H. v. Lisa R. The
National Center for Lesbian Rights (NCLR) was
counsel for Emily B., a mother seeking child support
from her former partner, in the Elisa B. case and filed
amicus briefs in the K.M. and the Kristine H. cases.
In all three cases, the Court held that when a
couple deliberately brings a child into the world
through the use of assisted reproduction, both
partners are legal parents, regardless of their gender
or marital status. The California Supreme Court is the
first state Supreme Court to reach this issue, and its
holding in these three cases inevitably will influence
courts in other states.
“The California Supreme
Court made legal history today by holding, in three
separate decisions, that children born to same-sex
couples must be treated equally to other children and
thus have a legally protected relationship to both
partners,” said Courtney Joslin, NCLR Senior Staff
Attorney who argued one of the case before the
California Supreme Court. “These decisions are a
tremendous victory for children, for parental
responsibility, and for common sense.”
In the
Elisa B. case a same-sex couple – Emily B. and Elisa
B. – had children together using artificial insemination
by an anonymous sperm donor. Emily gave birth to
twins in 1998, one of whom has Down Syndrome.
After the twins’ birth, the couple decided that Emily
would stay home to care for the children and Elisa
would be the family’s breadwinner. When the couple
split up 18 months later, Elisa eventually cut off all
contact and support, prompting Emily to apply for
assistance from the state, which brought a child
support action against Elisa. In today’s ruling, the
California Supreme Court strongly affirmed the trial
court’s ruling that Elisa is a legal parent who cannot
simply walk away from her obligation to support the
two children she agreed to bring into the world.
“I am elated beyond words that the Court
recognized the reality that my children have two
parents,” said Emily B. “This is a tremendous victory
not only for my family but for all children born to
same-sex couples.”
In its decision today, the
Court held: “A person who actively participates in
bringing children into the world, takes the children
into her home and holds them out as her own, and
receives and enjoys the benefits of parenthood,
should be responsible for the support of those
children – regardless of her gender or sexual
orientation.”
In the K.M. v. E.G. case, a fertilized
egg from K.M. was implanted in her partner E.G., who
gave birth to twins in 1996. When the couple broke
up in 2002, E.G. denied K.M. any access to the
children and took the position that she was the
children’s only parent. In its decision today, the
Court held that both women are legal parents.
In
the Kristine H. v. Lisa R. case, a same-sex couple
had a child using assisted reproduction. Before the
child was born, the couple sought and were granted
a court judgment declaring that both women were
the child’s legal parents. After the couple ended their
relationship 2 ½ years later, the birth mother filed an
action seeking to vacate the judgment and have the
court declare that she is the child’s only parent. The
Court held today that the birth mother was stopped
from challenging the judgment and that both women
are legal parents.
The decisions in the three cases can be accessed
here
(http://rs6.net/tn.jsp?t=sb9tgobab.0.8sivgobab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.courtinfo.ca.gov%2Fcourts%2Fsupreme%2F).
The briefs in the three cases can be accessed here
(http://rs6.net/tn.jsp?t=sb9tgobab.0.7sivgobab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.nclrights.org%2Fcases%2Flesbprntge_suprct.htm).
Read, listen, & learn more here. -
http://rs6.net/tn.jsp?t=sb9tgobab.0.q4dsgobab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.nclrights.org%2F
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
About the National Center for Lesbian Rights
For twenty-eight years NCLR has been a national
leader on LGBT family issues including adoption, child
custody and visitation, alternative insemination,
partnership protection, domestic partner benefits,
and marriage rights.
NCLR is a national legal
resource center with a primary commitment to
advancing the rights and safety of lesbian, gay,
bisexual, and transgender people and their families
through a program of litigation, public policy
advocacy, and public education.
Website: http://www.nclrights.org
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NCLR Media Contacts
Courtney Joslin
Senior Staff Attorney
email: joslin [at] nclrights.org
phone: 415-902-7981
Kate Kendell
Executive Director
email: kendell [at] nclrights.org
phone: 415-595-2233
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
More About NCLR...
* Our Website -
http://rs6.net/tn.jsp?t=sb9tgobab.0.m7qnvkbab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.nclrights.org
* More Info on Supporting NCLR -
http://rs6.net/tn.jsp?t=sb9tgobab.0.9hgrbmbab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.nclrights.org%2Fdonations.htm
* Make a Gift Today! -
http://rs6.net/tn.jsp?t=sb9tgobab.0.8hgrbmbab.6jpfohbab.5813&p=https%3A%2F%2Fhttp://www.givedirect.org%2Fgive%2Fgivefrm.asp%3FAction%3DGC%26CID%3D820%26Name%3DNational%2BCenter%2Bfor%2BLesbian%2BRights%26FURL%3Dhttp%253A%252F%252Fwww%252Enclrights%252Eorg
* Our Latest Newsletter -
http://rs6.net/tn.jsp?t=sb9tgobab.0.6sivgobab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.nclrights.org%2Fnewsletter%2Fpdf%2Fspring2005.pdf
National Center for Lesbian Rights Applauds California Supreme Court Decisions in
Groundbreaking Parenting Cases
For Immediate Release
San Francisco, CA - August 22, 2005
“The California Supreme Court made legal
history
today by holding, in three separate decisions, that
children born to same-sex couples must be treated
equally to other children and thus have a legally
protected relationship to both partners. These
decisions are a tremendous victory for children, for
parental responsibility, and for common sense.”
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This morning the California State Supreme Court
issued groundbreaking opinions in three cases
involving the legal status of children born to same-
sex parents. The three cases are Elisa B. v. Superior
Court, K.M. v. E.G., and Kristine H. v. Lisa R. The
National Center for Lesbian Rights (NCLR) was
counsel for Emily B., a mother seeking child support
from her former partner, in the Elisa B. case and filed
amicus briefs in the K.M. and the Kristine H. cases.
In all three cases, the Court held that when a
couple deliberately brings a child into the world
through the use of assisted reproduction, both
partners are legal parents, regardless of their gender
or marital status. The California Supreme Court is the
first state Supreme Court to reach this issue, and its
holding in these three cases inevitably will influence
courts in other states.
“The California Supreme
Court made legal history today by holding, in three
separate decisions, that children born to same-sex
couples must be treated equally to other children and
thus have a legally protected relationship to both
partners,” said Courtney Joslin, NCLR Senior Staff
Attorney who argued one of the case before the
California Supreme Court. “These decisions are a
tremendous victory for children, for parental
responsibility, and for common sense.”
In the
Elisa B. case a same-sex couple – Emily B. and Elisa
B. – had children together using artificial insemination
by an anonymous sperm donor. Emily gave birth to
twins in 1998, one of whom has Down Syndrome.
After the twins’ birth, the couple decided that Emily
would stay home to care for the children and Elisa
would be the family’s breadwinner. When the couple
split up 18 months later, Elisa eventually cut off all
contact and support, prompting Emily to apply for
assistance from the state, which brought a child
support action against Elisa. In today’s ruling, the
California Supreme Court strongly affirmed the trial
court’s ruling that Elisa is a legal parent who cannot
simply walk away from her obligation to support the
two children she agreed to bring into the world.
“I am elated beyond words that the Court
recognized the reality that my children have two
parents,” said Emily B. “This is a tremendous victory
not only for my family but for all children born to
same-sex couples.”
In its decision today, the
Court held: “A person who actively participates in
bringing children into the world, takes the children
into her home and holds them out as her own, and
receives and enjoys the benefits of parenthood,
should be responsible for the support of those
children – regardless of her gender or sexual
orientation.”
In the K.M. v. E.G. case, a fertilized
egg from K.M. was implanted in her partner E.G., who
gave birth to twins in 1996. When the couple broke
up in 2002, E.G. denied K.M. any access to the
children and took the position that she was the
children’s only parent. In its decision today, the
Court held that both women are legal parents.
In
the Kristine H. v. Lisa R. case, a same-sex couple
had a child using assisted reproduction. Before the
child was born, the couple sought and were granted
a court judgment declaring that both women were
the child’s legal parents. After the couple ended their
relationship 2 ½ years later, the birth mother filed an
action seeking to vacate the judgment and have the
court declare that she is the child’s only parent. The
Court held today that the birth mother was stopped
from challenging the judgment and that both women
are legal parents.
The decisions in the three cases can be accessed
here
(http://rs6.net/tn.jsp?t=sb9tgobab.0.8sivgobab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.courtinfo.ca.gov%2Fcourts%2Fsupreme%2F).
The briefs in the three cases can be accessed here
(http://rs6.net/tn.jsp?t=sb9tgobab.0.7sivgobab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.nclrights.org%2Fcases%2Flesbprntge_suprct.htm).
Read, listen, & learn more here. -
http://rs6.net/tn.jsp?t=sb9tgobab.0.q4dsgobab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.nclrights.org%2F
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
About the National Center for Lesbian Rights
For twenty-eight years NCLR has been a national
leader on LGBT family issues including adoption, child
custody and visitation, alternative insemination,
partnership protection, domestic partner benefits,
and marriage rights.
NCLR is a national legal
resource center with a primary commitment to
advancing the rights and safety of lesbian, gay,
bisexual, and transgender people and their families
through a program of litigation, public policy
advocacy, and public education.
Website: http://www.nclrights.org
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NCLR Media Contacts
Courtney Joslin
Senior Staff Attorney
email: joslin [at] nclrights.org
phone: 415-902-7981
Kate Kendell
Executive Director
email: kendell [at] nclrights.org
phone: 415-595-2233
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
More About NCLR...
* Our Website -
http://rs6.net/tn.jsp?t=sb9tgobab.0.m7qnvkbab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.nclrights.org
* More Info on Supporting NCLR -
http://rs6.net/tn.jsp?t=sb9tgobab.0.9hgrbmbab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.nclrights.org%2Fdonations.htm
* Make a Gift Today! -
http://rs6.net/tn.jsp?t=sb9tgobab.0.8hgrbmbab.6jpfohbab.5813&p=https%3A%2F%2Fhttp://www.givedirect.org%2Fgive%2Fgivefrm.asp%3FAction%3DGC%26CID%3D820%26Name%3DNational%2BCenter%2Bfor%2BLesbian%2BRights%26FURL%3Dhttp%253A%252F%252Fwww%252Enclrights%252Eorg
* Our Latest Newsletter -
http://rs6.net/tn.jsp?t=sb9tgobab.0.6sivgobab.6jpfohbab.5813&p=http%3A%2F%2Fhttp://www.nclrights.org%2Fnewsletter%2Fpdf%2Fspring2005.pdf
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