California Supreme Court Redefines Family

Tupelo, MS – In three separate cases raising fundamental issues as to what makes a family and who qualifies as a parent, the California Supreme Court today ruled in each case that a child may legally have two mothers.

In Elisa B. v. Superior Court, the court held that a lesbian who had agreed to raise the children born to her partner, but then split up with her partner, was required to pay child support for the children as a parent. In K.M. v. E.G., the court held that the existence of a written waiver of rights was no bar to a lesbian woman who had donated ova to her partner to assist in an in vitro fertilization asserting rights as a parent. And in Kristine H. v. Lisa R., the court found that a stipulation signed by the natural mother conferred a legal right to her lesbian partner to exercise the role of a parent over the child.

“The California Supreme Court is determined not to be outdone in the aggressive fashioning of new social policy under the guise of deciding legal cases,” commented Stephen Crampton, Chief Counsel for the AFA Center for Law & Policy, which has endorsed a proposed state constitutional amendment defining marriage in California. “These cases, read together, demonstrate beyond question the social and political agenda of the court. They have little or nothing to do with law,” Crampton said.

“The arrogance of the California court in attempting to redefine the family by the mere stroke of a pen is nothing short of extraordinary,” Crampton observed. “If the people do not stand up and let their voices be heard, the courts will continue to take over every aspect of our lives. It is time to speak out and rein in this runaway judiciary,” Crampton counseled.

The Center for Law & Policy is the legal arm of the American Family Association, Inc. It specializes in constitutional litigation in state and federal courts throughout the country, including numerous same sex marriage cases.

AFA.Net – Divisions – Center for Law and Policy – Press Release – 8/22/2005