March 18th, 2010
 

365 Gay: News

Ga. court tosses gay ban in divorce case


(Atlanta) The Georgia Supreme Court on Monday tossed out a trial judge’s order that banned children in a divorce case from having any contact with their father’s gay and lesbian friends and partners, and added strong language calling the restriction an abuse of the judge’s discretion.

The court’s unanimous opinion, written by Justice Robert Benham, concluded that the Fayette County judge’s order “flies in the face of our public policy that encourages divorced parents to participate in the raising of their children.”

It was applauded by gay rights advocates in Georgia who viewed the ruling as a commonsense answer to a decision they say was rooted in decades-old misconceptions about gays and lesbians.

The top court’s stern language seemed to surprise the father’s attorney, who said he was encouraged the justices didn’t take an easier route by simply ruling that they wouldn’t interfere with a parent’s rights.

“That’s a strong message. That was more than I expected,” said the attorney, Hannibal Heredia. “It made me feel that they wanted to have that out there — they’re putting their necks on the line.”

The ruling stems from the bitter 2007 divorce of Eric Duane Mongerson and Sandy Kay Ehlers Mongerson, who were married 21 years and had four children.

In court arguments, Sandy Mongerson’s attorney claimed the father subjected the children to an “array of violent, sexual, abusive and wholly inappropriate conduct” during a trip to Arkansas and contended the father was in a series of affairs with other men while still married.

Fayette County Superior Court Judge Christopher Edwards awarded Sandy Mongerson custody of the couple’s three minor children in the final divorce decree, and her ex-husband was granted limited visitation.

The judge also issued a blanket order banning Eric Mongerson from “exposing the children to his homosexual partners and friends.”

Edwards said in his ruling that he was not judging the father based on his sexual orientation, but that his decision was meant to reflect “the trauma inflicted upon the children” during the trip to Arkansas.

The Georgia Supreme Court, though, flatly disagreed. The 10-page ruling concluded Edwards had no evidence that the ban was needed, and that his ruling assumed the children would suffer harm from contact with gays and lesbians associated with their father.

Without such evidence, Benham wrote, “the trial court abused its discretion when it imposed such a restriction on (the) husband’s visitation rights.”

Sandy Mongerson’s attorney, Lance McMillian, said the mother does not plan to appeal.

“My client is interested in putting it behind her,” he said. “Other than that, we don’t have anything to say about it.”

Georgia’s gay rights groups, meanwhile, were more effusive. Jeff Graham of Georgia Equality praised the top court’s ruling as a dose of “common sense and fair mindedness.”

“It clearly does show that if justice is to rule in what’s in the best interest of the child, rulings based upon prejudice and bias are not in the best interest of the child,” he said.


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  • Greg Said: June 16th, 2009 at 2:47 pm
    • As a Georgia resident, I am shocked by the decision. Could it be the good ol’ boy network has been cracked? I can only hope.
      (Fayette county is south of Atlanta. The majority of the population is white, christian, and heterosexual. The judge’s divorce ruling reflected the attitude of the community)

  • Lee Said: June 16th, 2009 at 3:46 pm
    • Proud of our GA Supreme Court for once!

  • James M. Martin Said: June 16th, 2009 at 9:57 pm
    • Being an attorney, I hope readers realize the importance of such a case as setting a precedent for the sexual minorities in a way that is sub rosa but no less real. What the judge did in dissolving the order prohibiting contact with a parent’s gay or lesbian friends and associates strikes a blow against the stereotype that we “choose” or orientation (with its concomitant that we have some sort of plan to “recruit” — Harvey Milk’s term, not mine — young people into our “lifestyle”). As more and more of these stereotypes tumble, we win rights taken granted by non-queer people. What a courageous decision by a state’s highest court of law!

  • Travis of WA Said: June 17th, 2009 at 2:10 am
    • Ahh Georgia – the racist, sodomy laws on the books still, slavery, wife-beating, dirty infested south!!!!!

      The south SUCKS and reakes of sewage!!!!!

      Get with the times Georgia!!!!!

      It really is a shame and disgrace because some of those bigots from Georgia, Texas and Utah are up here with their plan of proposition 71 – (the plan to REPEAL domestic partnerships here in WA).

      DO NOT SIGN – DO NOT SIGN!!!!!!

  • Jimmy Said: June 17th, 2009 at 2:42 am
    • Travis, don’t be a dipshit. You’re stereotyping the *entire* south as bad as the right-wing extremists due to us gays as a whole. Get a grip on yourself.

  • SteveMD2 Said: June 17th, 2009 at 7:19 am
    • There is some enlightenment down there. No kidding. The taliban hasn’t gotten to everyone.

      Someday, the so. baptist churches and those of like minded churches will lie in ruins. A few will be saved as an example to future generations of Mans inhumanity to Man. In the name of God, no less.

  • warren Said: June 17th, 2009 at 10:32 am
    • Another big step for civil rights! This is great news.

  • Gerry Fisher Said: June 17th, 2009 at 3:19 pm
    • It’s nice to win one like this. Yay! :-)

 
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