As discussed in a previous blog, in July the United States Supreme Court legalized same sex marriage nationwide, giving homosexual couples equal rights and benefits under the law. Despite the sweeping ruling, opposition to same sex marriage has continued around the country. A Utah judge recently sparked criticism and outrage by removing a foster child from a lesbian couple and denying an adoption, saying that the child would be better off with heterosexual parents. Judge recuses himself in lesbian foster child case, by Ana Cabrera, Greg Botelho, Chandrika Narayan, and Tiffany AP, cnn.com, November 17, 2015.
In that case, parents April Hoagland and Beckie Peirce were legally married and already raising Peirce's two children when they began fostering the baby at issue. The parents had already passed the stringent background checks, home inspections and interviews required by the Utah Division of Child and Family Services and the baby's biological mother supported the adoption. Despite these facts, Juvenile Court Judge Scott Johansen held that the adoption by a same sex couple was not in the child's best interest, citing "belief that research has shown that children are more emotionally and mentally stable when raised by a mother and father in the same home…" The Judge further ordered that the Utah Division of Child and Family Services "place the child with a duly married, heterosexual foster-adoptive couple within one week."
After facing intense backlash from his decision, Judge Johansen reversed his order and recused himself from the case. A different Judge will conduct the adoption hearing and the child will stay with Hoaglund and Peirce in the interim. Judge Johansen was clearly imposing his personal views and beliefs on this case, which, in his role as a Judge, he is not allowed to do. After the Supreme Court's July ruling, same sex couples have equal rights under the law and cannot be denied an adoption (or any other right) based on their homosexuality alone. Assuming the fact that they were a homosexual couple was the only reason the adoption was denied and there were no other issues that would make the next Judge believe that the adoption is not in the child's best interest, the adoption will most likely be granted at the next hearing.