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Lesbianism 'Unwholesome'
Says Georgia Court Custody Ruling


ACLU Asks Georgia Supreme Court to Examine Judge's Ruling

Lesbian Mother with Female Partner Held in 'Willful Contempt'


Compiled By GayToday

courtnews.gif - 6.72 K Atlanta, Georgia-- The American Civil Liberties Union filed an appeal last week in the Supreme Court of Georgia on behalf of a mother who is being held in "willful contempt" by a Walton County Judge based solely on her shared residence with her same-sex partner.

When Jean Ann Vawter and Douglas Alan Vawter divorced in 1994, Ms. Vawter was granted sole custody of their children. Mr. Vawter was aware of Ms. Vawter's committed, monogamous relationship with her partner, and that the two had participated in a religious commitment ceremony in 1996.

But last year, Mr. Vawter asked a local court to incarcerate his ex-wife in the Walton County jail because she violated their divorce agreement by exposing the couple's children to a "meretricious relationship."

A judge found that Ms. Vawter's long-term, committed relationship was "unwholesome," and ordered that she and her children leave the home they have shared with her partner for more than four years. If she does not leave her home, the judge said Ms. Vawter would be in contempt of court.

"The judge's order tears asunder the secure, nurturing family unit Ms. Vawter has created with her partner and children. We are confident that the appeals court will agree that Ms. Vawter in no way waived her fundamental rights to define the contours of her home life, to raise and educate her children in the manner she sees fit, and to engage in a loving, committed relationship with her partner," said Robert Tsai, staff attorney at the ACLU of Georgia.

"We are asking the appellate courts to remove a wedge driven deeply into the heart of a loving, happy family," said Gerry Weber, Legal Director of the ACLU of Georgia.

The Application for Review filed by the ACLU asserts that Ms. Vawter's relationship is not "meretricious" and that the contempt order requiring her and her children to leave their home is a violation of her constitutional rights.

"Nationwide, more lesbians and gay men are starting families, and courts are increasingly grappling with subsequent custody issues. But this case is beyond the pale," said Jennifer Middleton, the national ACLU Lesbian and Gay Rights attorney assisting in Ms. Vawter's case. "By finding this mother in contempt of court, this judge has shown his own contempt for love, honesty and the true meaning of family. We are confident that this injustice will be rectified."

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Related Sites:
American Civil Liberties Union

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Ms. Vawter and her partner were shocked and upset by the judge's ruling. She said:

"For the last 4 ½ years, we have worked with the children's father to maintain a working relationship with him and allow the children contact with him. He has been aware of our relationship since the beginning and has even stayed in our home. His contempt action was only in response to our efforts to collect unpaid child support.

"The children are happy, well-adjusted kids who are doing well in school and sports and have active social lives -- just what we all want for our children.

"We have taught them about tolerance and the meaning of discrimination. The ruling by the Superior Court of Walton County is very frightening to them and threatens their security. It is unfathomable to all of us that our home could be devastated in this way."

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