(Missoula, Montana) A Montana district court judge has ruled that a woman’s former same-sex partner has equal parenting rights to two children she helped raise.

The ruling recognizes Michelle Kulstad as a parent to the two children she raised together with Barbara Maniaci, granting Kulstad time with her children and ordering that she and Kulstad have joint decision-making authority for matters significantly affecting the children, including their “education, activities, health care and spiritual upbringing.”

Kulstad and Maniaci, both from the Missoula area, ended their relationship in 2006. Maniaci, as the “legally adoptive” parent, claimed that Kulstad had no custodial rights to their children, that she should not be granted visitation rights, and that she was a “legal stranger” to the children.

The court rejected those arguments and ruled that it was in the best interest of the children for their parent-child relationship with Kulstad to continue, finding that Kulstad was a parent to the children and that the children had a constitutional right to have that relationship continue.

“To discriminate further against Ms. Kulstad because of her sexual preference in this day and age is no different than telling a person to go to the back of the bus because of her skin color,” District Judge Ed McLean wrote.

McLean noted in his 48-page ruling that Kulstad provided for the children and raised them with Maniaci, and the children recognized her as a parent.

The ruling said, “. . . the evidence shows that rupture of the children’s relationship with Ms. Kulstad would be not only contrary to their best interests, but severely detrimental to their well-being.”

A court appointed psychologist who conducted an evaluation of the women’s parenting abilities testified that the children have an important attachment to both Kulstad and Maniaci.

The psychologist cited American Psychological Association studies showing there are no significant differences  between children raised by same-sex parents and those raised by heterosexual parents.

Maniaci, who said she is no longer gay and is married argued through her lawyer that she is a “fit, natural parent,” and that she is being “prevented from raising her children with her husband in the way they see fit.”

McLean’s ruling disputes that assertion.

“By acknowledging Kulstad as a parent, the court today recognized that it would be both cruel and against established Montana law for her children to be denied the parental love and support Kulstad has shown them since they entered her home,” said Kulstad’s attorney Susan Ridgeway.

The decision is a victory for the rights of Montana families and the best interests of Montana children, said Betsy Griffing, ACLU of Montana Legal Director.

The conservative Alliance Defend Fund which represented Maniaci has not said if it will appeal.