Lesbian Mother’s Reunion with Daughter Draws Parallels in Same-Sex
& Hetero Break-ups
A heartwarming victory in a Pennsylvania appeals court has re-united a
non-biological lesbian mother who has been estranged from her daughter.
The two have been unable to carry on any kind of a relationship because
the child’s biological mother has worked to keep her daughter and former
partner apart ever since the two women split.
On a personal level, this is a touching victory for the non-biological
mother who, thanks to a Pennsylvania Superior Court ruling, will now get
to see the daughter she helped raise for three years, but whom she has
been denied contact with since 1997.
But in addition to the immense personal relationships at stake, this
case is important because of the strong wording of the court in favor of
the non-biological mother.
The ruling makes strong parallels for between the now divided lesbian
mothers, and a spousal relationship that involved kids but that ended in
divorce.
It is another signal that while gay and lesbian families may not be
winning the public relations or political campaigns to be recognized
equally with that of heterosexuals, we are often getting astounding
recognition in the courts.
And while any state court ruling only has an immediate impact on the
residents of that particular state, it’s true that state judicial
rulings affect each other, both directly and indirectly.
Today, a large number of states, including almost all the northeast and
west coast ones, treat gay and lesbian families with the same rules as
they treat heterosexual families when it comes to children and parental
break-ups.
Ironic as it may sound, when the courts treat gay parents who are
breaking up and fighting over children the same way they treat
heterosexual parents who are breaking up and fighting over children, it is
a huge step in the right direction toward recognizing same-sex
relationships.
In this particular case, the two women—who were identified only as
T.B. and L.R.M. in court documents, in order to protect the identity and
privacy of the child—were in a long-term relationship, during which time
they raised their daughter together.
L.R.M. is the biological mother of the daughter.
For three years. T.B. took on the full responsibilities of any parent,
helping raise their daughter in every aspect of daily life.
But when the two women split in 1996, L.R.M. refused to allow T.B. to
visit their daughter.
In fact, she did everything she could to alienate T.B. from the
daughter.
And then she tried to use the fact that the two had been alienated as
legal reasoning to keep them apart.
Until the Superior Court ruling in late March, L.R.M.’s tactics had
been successful.
A lower court had astonishingly ruled that because L.R.M. had been so
successful in keeping the daughter and T.B. apart for so long, it was now
in the child’s best interest to remain separated from T.B.
But the three-judge panel of the appeals court emphatically rejected
that line of reasoning as having any legal basis.
"Imagine a scenario where the same premise is applied to
spouses," wrote Judge Michael T. Joyce in the court’s uplifting
ruling.
"It is inconceivable that an embittered spouse who successfully
estranges the children from the other spouse, to the point where the other
spouse is unknown to the children, should be rewarded by a determination
that it shall be in the best interest of the children not to have any
relationship at all with the alienated spouse because of the custodial
spouse’s feelings," Judge Joyce continued. "The
preposterousness of this scenario is equally applicable to the case at
bar, despite [the non-biological lesbian mother’s] non-traditional
status."
The appeals court chided a lower court, saying it "abused its
discretion" by denying visitation rights to T.B. on the basis of this
argument.
The lower court had kept T.B. from seeing her daughter since 1997. It
also had prohibited T.B. from seeing the little girl until the matter was
fully resolved.
The appeals court rescinded that specious ruling, and now T.B. will be
allowed to visit her daughter immediately, in a guided setting.
The impact of the ruling on a personal level for T.B. and her daughter
are immense.
It means that T.B. will no longer be kept away from the little girl she
loves, simply because of the bitterness of her former partner.
The broader impact of the ruling can be found in the strong wording of
the decision.
The court said a lesbian or gay parent can seek visitation rights or
custody of a child even if that parent is not the biological mother or
father of the child, so long as, over time, he or she has acted as a
parent and performed all the duties associated with parenthood, with the
consent of the legal parent.
While it is not uncommon for the family courts of many states to
recognize "non-traditional" families, the wording in this case
draws bold parallels between the separated lesbian couple and divorced
heterosexual spouses.
And that can only help us as we inch our way to more and more legal
recognition of our relationships.