The Montana Supreme Court, in a 6-1 opinion issued today, held that the non-biological parent in a same-sex relationship can be found to have a “parental interest in the minor children.”
The case, Kulstad v. Maniaci (pdf), contains a striking concurring opinion from Judge James C. Nelson, who notes:
Maniaci and her defense team attempt to avoid the one issue that makes this case uniquely important—the elephant in the room: whether homosexuals in an intimate domestic relationship each have the right to parent the children they mutually agree that one party will adopt (or, presumably, conceive). The District Court and this Court have properly answered that question in the affirmative based on the facts of this case and on the statutory scheme discussed. I agree with the District Court’s decision, and I concur with this Court’s decision.
It is a great day for equality in Montana.
Important to note that the Alliance Defense Fund was arguing, albeit unsuccessfully, against the recognition of the non-biological parent.
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Chris Geidner is the award-winning senior political editor at D.C.'s Metro Weekly and has written for The Atlantic Online, The American Prospect, Advocate.com, Salon and other publications, as well as at his blog, Law Dork. In 2011, he received the Excellence in News Writing Award from the National Lesbian and Gay Journalists Association for his coverage of "Don't Ask, Don't Tell" repeal. Prior to moving to D.C. in 2009, he served as an attorney on the senior staff at the Ohio Attorney General's Office and had earlier worked for a leading Columbus law firm. An extended biography can be found
I don’t think the most important parts of JUSTICE Nelson’s concurring opinion are quoted in the article.
Apologies to the justice. Thanks for the snark.
It’s the “non-legal” parent, not “non-biological.” One of the two women legally adopted the child, while the other did not. Both women raised the child for 3 years.
Could be relevant to other states that don’t let gay couples adopt, but do let them adopt as single parent.