The Utah Supreme Court ruled Friday a lesbian has no parental rights over her former partner's biological child.
Keri Jones and Cheryl Barlow ended their civil union in 2003, but have been in a custody battle ever since over Barlow's 5-year-old daughter. Barlow is now a Christian and has left homosexuality.
The high court reversed lower court decisions in favor of Jones.
"We recognize that mutual bonds of affection can be formed between a child and an adult who does not fit within the traditional definition of a parent," the majority opinion stated. "However, in carving out a permanent role in the child's life for a surrogate parent, this court would necessarily subtract from the legal parent's right to direct the upbringing of her child."
Joe Infranco, senior counsel for the Alliance Defense Fund, which was affiliated with the case, said the lower courts had attempted to create a new "right" for non-marital relationships.
"Protecting the well-being of a small child trumps the desire of a legal stranger to usurp the care and protection of that child's mom," he said. "The Utah Supreme Court ruled correctly in affirming Cheryl Barlow's right as a natural parent and putting an end to visitation with a woman who has no legitimate legal relationship to the child."
