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Friday, October 31, 2003
A Colorado mother is appealing a child custody decision in which
a court barred her from teaching homosexuality is wrong.
Cheryl Clark, who says she is a Christian, has been ordered by
Denver County Circuit Judge John W. Coughlin to "make sure that
there is nothing in the religious upbringing or teaching that the
minor child is exposed to that can be considered homophobic."
The directive arose from the decision to award joint parenting
responsibilities for her daughter to a practicing homosexual.
"Forbidding the raising of children in the parent's Christian
beliefs is an anathema to parental rights and religious freedom,"
said Mathew D. Staver, president and general counsel of
Florida-based Liberty Counsel. "Must the mother rip out pages of the
Bible that say homosexuality is against nature, or must she cover
her child's ears if her pastor preaches about sexual purity?"
Staver explained to WorldNetDaily Clark and Elsey McLeod were in
a lesbian relationship that broke up after Clark became a Christian
and concluded homosexual behavior was wrong.
The Denver court gave McLeod joint custody of Clark's adopted
daughter, Emma, even though McLeod had no legal relationship to the
girl. It also, in conjunction with the ruling in favor of McLeod,
said Clark cannot raise her child with any religious teaching or
upbringing that is "homophobic."
Staver said courts cannot "give parents a no-win decision of
either abandoning their Christian beliefs or abandoning their
children."
The definition of "homophobic," Staver noted, is "all across the
board," from being fearful of homosexuals to disagreeing with their
lifestyle.
"It takes no stretch of the imagination to envision a judge
finding the mother in contempt of court for merely teaching her
daughter about the Biblical truths on homosexuality," he said.
Liberty Counsel filed a friend-of-the-court brief on behalf of
the mother in her case before the Colorado Court of Appeals.
Staver notes the U.S. Supreme Court has long held that the
Constitution guarantees the freedom to "worship God according to the
dictates of his own conscience." Similarly, he said, the high court
has acknowledged "the values of parental direction of the religious
upbringing and education of our children in their early and
formative years have a high place in our society."
Another troubling aspect of this case, he said, is the award of
visitation and joint parenting responsibilities to a third-party who
has no legal relationship to the daughter or the mother.
The decision, according to Staver, stands in direct conflict with
precedent throughout the country that denies visitation to a third
party based solely on that person's prior sexual relationship with
the legal parent.
Staver told WND he is not aware of any similar cases in the U.S.,
although there have been some in which a judge has told a parent not
to say anything degrading about the other parent's lifestyle.
None, to his knowledge, however, have gone to the extent of
Coughlin, issuing a directive that restricts a parent's religious
practice.
To view this item online, visit
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=35365
LAW OF THE LAND
Judge to Christian mom: No 'homophobic'
teaching
In custody case orders child's
religious upbringing must not expose her to idea homosexuality wrong
Posted: October 31, 2003
1:00 a.m.
Eastern
© 2003 WorldNetDaily.com
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