By Peter J. Smith
SAN FRANCISCO – The US Supreme Court has rejected the appeal of a Texas mother challenging her former lesbian partner’s claim to be the second parent of her daughter, reports the San Francisco Chronicle.
Kristina S. had conceived her now six-year-old daughter Amalia through artificial insemination during her domestic partnership with lesbian Charisma R. However, Kristina left the partnership three months after her daughter’s birth.
The former partner initiated a legal challenge to gain visitation rights, but her case was not considered by state judges until the California Supreme Court ruled in 2005 that homosexual partners involved in the process of conceiving and raising their partner’s child had legal rights as “co-parents.”
Charisma had not seen the little girl for five years when an Alameda County judge in California ordered that visits commence based on the state high court’s ruling.
Since the US Supreme Court refused to review the case, the decision of California’s First District Court of Appeal will stand that Christina is the legal “co-parent” and has visitation rights.
Kristina S. was represented by the civil advocacy group, Liberty Counsel, which argued to the high court that the California judiciary was replacing the natural family with a judicial definition. Click here to continue reading.