Utah Judge Reverses His Decision, Lets Lesbian Couple Keep Foster Child

[sunstoned]

From the NY times:

A Utah judge on Friday reversed, at least temporarily, his order that a foster child be taken away from a lesbian couple because of their sexual orientation, but he continued to question the placement of children with same-sex parents.

 

 

http://www.nytimes.com/2015/11/14/us/utah-lesbian-couple-foster-child-ruling.html

 

I believe this judge has finally done the right thing, but I believe it was reversed because of a national outcry.  

[bluebell]

Good. It should have been reversed.

[Calm]

And Gov. Gary R. Herbert weighed in, saying on Thursday that he was “a little puzzled” by the judge’s action. “He may not like the law,” Mr. Herbert said, “but he should follow the law.”

 

I don't see how with the SC's decision that the judge thought it was appropriate to take her out of the home.  If the government is doing the fostering assignments, it needs to abide by the law.

[sunstoned]

The judge has now asked to be removed from the case.

[Deborah]

They are also trying to impeach him.

[cursor]

The judge seems like a bit of an odd fellow. Follow the law. If one doesn't, then one deserves to be removed from the bench.

 

Some judges frequently do strange things, based on either their personal life viewpoints, on their prejudices, or on their misinformed life interpretations of those standing before them. To assume that all judges know what the hell they're doing, is to assume that all policemen are honorable.

 

Decades ago, my uncle (Gerald L. Richards, now deceased), [renowned North American] ornithologist, was convicted of a felony for "gathering and fathering" several golden eagles' offspring (who where left alone after the killing of their parents by trophy-seekers). That cost him his BYU career. I believe that the judge was later removed.

[KevinG]

What is the rest of the story on this couple?  I agree that the decision was strange and frankly sounds illegal to me...  However why was the couple in family court in the first place?  

[rpn]

The Supreme Court decision does not have any impact on this decision.   Whether a custody arrangement is in the best interest of the child is the standard for foster children placement.    There is as yet little unbiased and truly scientific research on the effect of growing up with sme gender parents.  And there is research that both men and women bring importnat things to parenthood.   The jduge should not have made this decision without a hearing to determine i it was in the childd's best interestw in this particular case.   The problem is that the bio parents, the foster parents, the state all agreed to the fp placement (which will shortly lead to adoption).  So how would the evidence about whether being placed with same gender parents was in the best interest  of this chidl come from.   

 

I find myself wondering whether in 20 years we will have former foster chidlren suing the state for being placed in same gender families, and being adopted into them.   After all, isn't it negligent for the state to make these decisions for a fc on the sole basis of love and whether someone is perceived as being a "good parent"?   Particularly when the research about children needing both men and women as parents exists?

[jaberwocky]

I don't have a problem with people being gay and getting married and having kids.  I do have a problem when people don't recognize that it's not a good thing for society or for kids.  Admit that it's an alternative and less ideal way to go through life.  Then the debate is over.

[Saint Sinner]

The Supreme Court decision does not have any impact on this decision. Whether a custody arrangement is in the best interest of the child is the standard for foster children placement. There is as yet little unbiased and truly scientific research on the effect of growing up with sme gender parents. And there is research that both men and women bring importnat things to parenthood. The jduge should not have made this decision without a hearing to determine i it was in the childd's best interestw in this particular case. The problem is that the bio parents, the foster parents, the state all agreed to the fp placement (which will shortly lead to adoption). So how would the evidence about whether being placed with same gender parents was in the best interest of this chidl come from.

I find myself wondering whether in 20 years we will have former foster chidlren suing the state for being placed in same gender families, and being adopted into them. After all, isn't it negligent for the state to make these decisions for a fc on the sole basis of love and whether someone is perceived as being a "good parent"? Particularly when the research about children needing both men and women as parents exists?

In 20 years, is it also possible a child will sue the state for placement in an opposite gender home and have sincere reason for the lawsuit? Or will such a hypothetical case be dismissed because it was known all along that the opposite gender family was the best option despite the child's feelings? I sincerely hope not. Edited November 18, 2015 by Saint Sinner

[sjdawg]

What is the rest of the story on this couple?  I agree that the decision was strange and frankly sounds illegal to me...  However why was the couple in family court in the first place?  

I'm not sure.  I wonder if it was a routine matter with the foster family situation.  It can't have been anything bad that the couple did since the government agency opposed the judges decision and started the appeal process themselves.

 

Edited to Add:  I went and read some of the new articles.  It appears that the court appearance was regarding the termination of parental rights of the birth parents with no reunification rights in the future due to some type of abuse that took place in the home.  the child was going to be placed permanently in the foster system until adopted.

Edited November 18, 2015 by sjdawg

[Calm]

In 20 years, is it also possible a child will sue the state for placement in an opposite gender home and have sincere reason for the lawsuit? Or will such a hypothetical case be dismissed because it was known all along that the opposite gender family was the best option despite the child's feelings? I sincerely hope not.

I can imagine a child who identifies as gay early on might decide to sue later on because they felt their foster/adopted parents weren't supportive towards his choices.

[rpn]

Foster children do sue the state when they can prove the state was negligent in placement or in not interrupting placements now.