Tennessee appeals court says
you can't treat gay people differently in deciding child custody and
visitationMarch 25, 2004
[posted here 3-29-04]
From Hedy Weinberg, Executive Director,
American Civil Liberties Union of Tennessee
NASHVILLE - The Tennessee Court of Appeals
this evening struck down a court order that told a gay parent not to do
anything which "exposes" his son to "the gay lifestyle," according to the
American Civil Liberties Union which represented the parent. The court went
on to say that "[n]either gay parents nor heterosexual parents have special
rights," and that courts should follow the same principles in placing limits
on visitation and custody for both gay and straight parents.
The decision came in the case of Joseph
Hogue, who was sentenced to two days in jail in September 2002 for telling
his son that he is gay. The judge who imposed the sentence ruled that Hogue
had violated an earlier order the judge had made prohibiting him from
"exposing the child to...his gay lifestyle." Today, the Court of Appeals
said that the order was so unspecific that it could not be enforced.
In January, the appeals court cleared Hogue
of contempt because telling his son that he is gay was not part of the
restraining order. However, the court went on to say that the restraining
order itself was valid. Following a request by the ACLU, the court reversed
that decision today.
"One of the great things about this
decision is that it makes it clear there are no double standards," said ACLU
of Tennessee cooperating attorney Sam Felker of Bass, Berry & Sims. "Courts
will have to follow the same principles for child custody and visitation for
gay parents as they do for straight parents. The fact that a parent is gay
will no longer be an issue."
