Home -> Law Blog Directory -> Religion & Law Blogs -> Constitutionally Correct

Religion & Law

: Constitutionally Correct

New York?s Highest Court Recognizes A Lesbian Co-Parent?s Rights, But Affirms an Unpopular Precedent: Part One in a Two-Part Series of Columns

By ADF Alliance Alert

Findlaw: "While this ruling is ultimately supportive of lesbian co-parenting rights, it is narrowly drawn to recognize such rights only when the couple involved is part of a formal, recognized relationship such as a civil union or same-sex marriage. In so limiting the protection its ruling afforded, the court rejected an argument for broader recognition of so-called 'functional parents' ? those who participate in crucial aspects of parenting without the benefit of a formal status vis-à-vis the child's other parent or the child. Instead, the court reaffirmed its unpopular 1991 ruling in Matter of Alison D. v. Virginia M., in which it held that only a child's biological or adoptive parent could seek visitation against the wishes of a fit custodial parent."

Full post as published by Constitutionally Correct on May 12, 2010 (boomark / email).