The residents of Michigan passed a gay marriage ban in 2004, but that doesn't mean the courts can't weigh in on a lesbian couple's custody dispute.
A court ruled last week that the legal adoption of three children by two gay Michigan residents - while they were living in Illinois - must not only be recognized by the Michigan courts but addressed as the now estranged couple attempts to navigate a custody arrangement.
Diane Giancaspro and Lisa Congleton have three children between them, adopted in 1998, 1999 and 2002, while the couple was living in Illinois, a state that recognizes both parents in a homosexual relationship and allows for joint adoption. The women broke up in 2007 - after moving to Michigan.
But when Giancaspro sued for custody under Michigan law, her former partner called for the case's dismissal. Congleton was attempting to use the state's refusal to recognize domestic partnerships in her favor, stating that neither parent has rights in the state of Michigan. As depressing as it is that a lesbian had to make use of the laws that are set up AGAINST her to retain a connection with her children, it worked. The judge in the case said she recognized the "validity" of the adoption but couldn't enfore either woman's parental rights.
Giancaspro, with the help of the ACLU, took the case to an appeals court. Last week, a two to one decision from the court mandated the issue be put back before a Michigan court, ruling that the U.S. Constitution protects the adoption and therefore allows for a custody dispute to be mediated in a family court setting.
The decision has, of course, prompted suggestions by family values advocates that it's time for a gay adoption ban in Michigan (really guys? as if the gay marriage ban didn't prove you can't pull your heads from your you-know-whats?). But it's a victory for gay parents, who are finally getting access to a right afforded every other parent in the state - the right to their day in court.
I still can't help but come back to Congleton's argument, however. I understand she was grasping at the same straws any parent would to keep their children, but there's something deeply saddening about a mother forced to embrace the very laws that denied her rights that should be granted her as a member of the human race in order to be there for her kids.
Would you compromise your values in this kind of situation?
Image: Wikipedia
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