November 20th, 2009
 

365 Gay: News

Montana Supreme Court affirms lesbian parental rights


Last week Tuesday, the Billing Gazette reported that the Montana Supreme Court upheld Michelle Kulstad’s petition for parental rights of the two adopted children she raised with her female partner of 10 years.

Most notably, in a special concurrence, Justice James Nelson argued against discrimination:

“Naming it for the evil it is, discrimination on the basis of sexual orientation is an expression of bigotry.

“Lesbian and gay Montanans must not be forced to fight to marry, to raise their children and to live with the same dignity that is accorded heterosexuals…

“I remain absolutely convinced that homosexuals are entitled to enjoy precisely the same civil and natural rights as heterosexuals, as a matter of constitutional law.”

Montana state law, however, still does not allow both members of a same-sex partnership to adopt.

Barbara Maniaci, Kulstad’s partner of 10 years, adopted the children while the two were in a relationship. After they broke up in 2006, Kulstad filed for parenting rights.

In April, Kulstad received joint custody of the kids but Maniaci, now married to a man, appealed the judge’s decision to the higher court.

Justice Brian Morris said:

“Maniaci cannot rewrite the history of the fact that she and Kulstad lived together for more than 10 years and jointly raised the minor children in the same household.”

The Supreme Court decision, 6-1, affirms Kulstad’s rights as a parent.

Kulstad spoke at a News conference outside of the Supreme Court last week stating:

“I want what every parent wants. I want to love my children and care for them. I am looking forward to being in their lives for the rest of my life, to see them graduate from high school, get married and have children of their own.”

According the Billing Gazette, the boy, 9, and the girl, 6, live with Maniaci and her husband.


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  • Leeanne Menses Henry Said: October 15th, 2009 at 8:53 am
    • RIGHT ON!

  • gayactivist101 Said: October 14th, 2009 at 9:25 pm
    • About f__king time!!!

      Just 10 years ago in 1999 same-sex sexual activity was only legalized in Montana!!!!

 
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