georgia court says VT civil union NOT equal to marriage

[Banshee]

from CNN.com

ATLANTA, Georgia (AP) -- A Georgia appeals court has ruled that
Vermont's civil unions law does not create a partnership equal to marriage,
the first test of the landmark law that gives some marriage rights to
same-sex couples.

The Georgia Court of Appeals ruled that Susan Freer and her lesbian partner could
not seek child-visitation rights because they are not married. The couple established
a civil union in Vermont in 2000.

Freer has three sons from a marriage that ended in 1995. A visitation agreement
with her ex-husband, Darian Burns, forbids the children to stay overnight with a
parent who is living with someone to whom they are not married or related.

A judge severed her visitation rights in January 2001.

Mathew Staver, attorney for Burns, said Friday his client was elated by the ruling.

"He doesn't believe that lesbianism or h omosexuality is appropriate to be displayed
in an overnight setting in front of his children," Staver said.

Freer had argued that the women consider themselves married and should be
protected by Georgia's right-to-privacy law. Her attorney could not be reached
Friday.

The case could still be appealed to the state supreme court.

Vermont's same-sex unions extend the rights and responsibilities of marriage to
same-sex couples, but are not recognized as legal marriages in any state. The
Georgia Legislature has barred recognition of same-sex marriage.

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"Believe me I don't want to go,
And it'll grieve me 'cause I love you so
But we both know..."

[ScoobySnack]

I knew I hated living here for a reason.

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Tara: I am, you know.
Willow: What?
Tara: Yours.

[Krystin]

Strange to think that Atlanta has the largest per capita homosexual population in the United States...

I've lived in Georgia my entire life, and while I'm not the least suprised by this ruling I hate it all the same.

[Kalita]

Hm, figured as much.

Even if the couple in question had been, say, Dutch citizens, and had a fully legal marriage in the Netherlands, it's up to whatever other jurisdiction they may end up in as to whether that's legally binding or not.

More's the pity.

[RomanceJunky]

quote:

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Originally posted by Krystin:
Strange to think that Atlanta has the largest per capita homosexual population in the United States...

I've lived in Georgia my entire life, and while I'm not the least suprised by this ruling I hate it all the same.

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As much as it pains me to say it... You took the word right out of my mouth.

RJ...typical...just frickin' typical.

[This message has been edited by RomanceJunky (edited January 28, 2002).]quote:

[drlloyd11]

Georgia court can kiss my !@#!#!#!@# and then #$@$@ and @#$@#$@ with with ever orrifces are left over..
So much for "full faith and credit"
What next, not recognizing second marriages, or interracial ones?

[Banshee]

quote:

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Originally posted by drlloyd11:
Georgia court can kiss my !@#!#!#!@# and then #$@$@ and @#$@#$@ with with ever orrifces are left over..
So much for "full faith and credit"
What next, not recognizing second marriages, or interracial ones?

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Well, just think, it wasn't until 1968 that the supreme court overturned a Maryland(or was it virginia?) law that did not recognize interracial marriages. This, unfortunately, is the first public challange of DOMA laws(notice THEY use the word 'marriage' in the title!) and could set a prescedent. With something like this, there needs to be a federal, across the board, ruling that recognizes it. But, again, DOMA comes into play, which we can thank Bill Clinton for

-Shannon

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"Believe me I don't want to go,
And it'll grieve me 'cause I love you so
But we both know..."quote:

[Dazey]

quote:

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Originally posted by drlloyd11:
So much for "full faith and credit"

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I guess they're trying to get around that by ruling not that the union doesn't exist, but that it is "not...equal to marriage," and in fact it's not, much as we would all like it to be. Therefore this couple is technically in violation of the visitation agreement. And man do I hate the word "technically" and people who use it in defense of crap like this.

It was inevitable that something like this would happen. I wonder if it will make it to the Supreme Court? I wouldn't exactly have high hopes if it did, but at least we'd know where we stand.quote:

[Wiccagrrl]

*sigh* So depressing.

[jitterbug]

I hope they do go to the Supreme Court; it may be a long shot,but they at least have a chance. In this case,its the kids i feel bad for,being deprived of their mother,and for the mother being deprived of her children.

[maudmac]

Okay, so who's up for setting up a Kitty colony on Mars? I'm packed already.

This stuff drives me bonkers. DOMA is undeniably unconstitutional and I'm just going to keep telling myself that when/if a challenge ever makes it to the US Supreme Court, DOMA will be dust.

It pisses me off to no end that my gf and I had to spend hundreds of dollars in legal fees to have wills, living wills, and powers-of-attorney when straight couples can just show up at the courthouse with twenty bucks, sign a paper, and instantly have more rights than a million pages of legal documents could ever give us.

...(sigh)...

On the other hand, of course, we have made a tremendous amount of progress. It hasn't been that long ago that the only queers anyone saw were sitting behind ferns in disguises on talk shows telling America how many times they'd tried to kill themselves because they were such filthy, disgusting perverts.

Goddess, I'm so glad I'm gay. And I know the only way we can make things better is to stick around, but I swear, stuff like this GA case really makes me long for a respite on another PLANET. Mars Kitty Fantastico? Who's ready? I'll bring mochas!

[Blixxt]

Well nyeh.

[willow420]

Great. Another thing to add to my growing list of why I hate living in Georgia.

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A.K.A. Liz

"Did you try looking in the sofa in hell?" Willow in Dopplegangland.

Ya know there is more then one use for jello.
-Liz

[Krystin]

quote:

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Originally posted by willow420:
Great. Another thing to add to my growing list of why I hate living in Georgia.

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But, there's the beautiful landscape, the warm weather, and all the beautiful women. At least in the Atlanta metropolitan area.quote:

[drlloyd11]

One postive thing to add, the country really is changing for the better(slowly), even though the courts and legistature may be behind the times. Case in point is polls show this is the first year a majorty of college freshmen (57%) favour full marriage rights for Gays and Lesbians. This is a much more substantial statistic, because it means its going much harder in 10-12 years for the far right to make these things happen.
Even in Georgia, the head of the Atlanta city council is an out Lesbian and it was not an issue inn her camapaign at all.
I guess my point is time is on the side of sanity on this one. This is really near the end for the right on this one..

[hypergirl]

Yup and I just have to live here right? LoL

[Pixie-Muso]

I just find this depressing

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"...the hardest thing in this world is to live in it..."
~Buffy, The Gift.

[Anakin1218]

woah that bites and its a slap in the face to the Vermont ruling; here's hoping things change. Of course it's going to be awhile and an uphill battle but one can't ever lose hope.

Im too young to remember anything but growing up in the late 80's and 90's with gay rights and seeing whats come down the pipe and am very very thankfull for the rights that have been passed.

The ppl that should be applauded and remebered are those that in the early years had the guts to stand up and help make the change,even if it meant going through hell. All of us are now reaping their benefits and in turn we are now paving the way for the future generations.

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"My heart doesn't stutter" -Tara

[nika]

What really amazes me is that most North Americans pride themselves with the notion that the U.S is a completely free country, a democracy that protects its citizens individual rights, yet issues such as these prove that notion to be at least partially wrong. I live in a country that's defined as third world, where corruption is high in the goverment, where the church still has its say in politics, where higher education is limited to a few..etc...ect and yet a law was passed since the reform of the constitution that allows for same sex civil unions to be legal, as a matter of fact even if you don't marry your partner any one who lives with you for more than 2 years may have legal claim to all the benefits that any married person would have.
These kind of news make me angry, North America is suppossed to be all for the freedom of choice.

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"Eat lot's of applesauce, preferably fed to you by attractive young lesbians." Amber Benson