The maliciousness of child custody cases becomes clearer to society when a lesbian couple breaks up. When a mother and father separate, the mother in her quest to keep the father out of her child’s life is seen as normal, since he probably deserved it. However, when one lesbian partner tries to take away the child, even using anti-gay laws to get their way, the truth of unkindness is shown. Is this fair that is heterosexual male partners are given less influence in child custody cases than a lesbian woman partner? 

In a recent Ohio case, a lesbian couple who had split was playing this truth out. The biological mother of the child, through artificial insemination, argued that since Ohio’s had a ban on same-sex marriage, the custody agreement was unconstitutional. This argument failed at the Franklin County Court of Appeals, but is expected to be appealed to the state’s Supreme Court. 

The judges from the Ohio court acknowledged that a marriage under Ohio law may only be entered into by one man and one woman, but they also said a more relevant section of state law gives the juvenile court jurisdiction over the custody of a child. Should this custody agreement be unconstitutional? Are the anti-gay marriage laws moot when other laws overrule their practicality? What are your thoughts? 

http://blogwonks.com/2008/06/18/court-rules-against-vindictive-mother-in-lesbian-custody-case/ 

http://www.columbusdispatch.com/live/content/local_news/stories/2008/06/17/gaymom.html?sid=101

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