Augusta GA Divorce Attorney - Children can meet dad’s gay friends
Ruling overturns Fayette judge’s ban.Gay-rights activists hail decision, which stems from 2007 divorce case.
By Bill Rankin - The Atlanta Journal-Constitution
The Georgia Supreme Court on Monday threw out a judge’s order that prohibited children in a divorce case from having any contact with their father’s gay and lesbian friends.
The ruling was hailed by gay rights groups who said the decision focuses on the needs of children instead of perpetuating a stigma on the basis of sexual orientation.
The state high court’s decision overturned Fayette County Superior Court Judge Christopher Edwards’ blanket prohibition against exposing the children to their father’s gay partners and friends.
“Such an arbitrary classification based on sexual orientation flies in the face of our public policy that encourages divorced parents to participate in the raising of their children,” Justice Robert Benham wrote.
The Fayette County judge’s prohibition “assumes, without evidentiary support, that the children will suffer harm from any such contact,” Benham wrote. But there is no evidence that any member of the gay and lesbian community has engaged in inappropriate conduct in the presence of the children or that the children would be adversely affected by being exposed to members of that community, he said.
The ruling stems from the 2007 divorce of Eric Duane Mongerson and Sandy Kay Ehlers Mongerson, who had been married 21 years and had four children.
The visitation order prohibited the three youngest children, whose ages ranged from 8 to 16 at the time, from being in contact with their father’s gay and lesbian friends. The oldest child was already an adult.
Hannibal Heredia, an Atlanta lawyer representing Eric Mongerson, called the court’s ruling “the proper decision.”
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.”
Beth Littrell, staff attorney for the Lambda Legal Defense and Education Fund in Atlanta, said the visitation order was the most sweeping of its kind she had seen in Georgia.
“Placing a blanket ban on children’s association with gay people not only hurts this father’s relationship with his children, it is blatant discrimination,” Littrell said. “The court has done the right thing today by focusing on the needs of the children instead of perpetuating stigma on the basis of sexual orientation.”
The ruling, she added, ensures that visitation decisions are “not based on the prejudices of individual judges.”
Includes information from the Associated Press.
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