The Latest: Arizona high court mulls same-sex parent rights
PHOENIX (AP) — The Latest on Arizona Supreme Court arguments in a case involving custody of a lesbian couple's child (all times local):
Arizona's highest court is weighing how to balance U.S. Supreme Court rulings requiring equal treatment for married gay couples with a state law that doesn't recognize the parental rights of a lesbian woman who is divorcing her spouse.
A lower court decided in October that that Suzan McLaughlin is entitled to the same parental rights as if she were a man to the couple's now 7-year-old son. He was born through artificial insemination.
Kimberly McLaughlin is appealing. Her attorney says Arizona law doesn't establish any rights in artificial insemination cases for the non-biological parent of the same sex.
Arizona Supreme Court justices struggled with that in arguments on Tuesday. Justice Clint Bolick noted that the U.S. Supreme Court on Monday ruled in an Arkansas case that equal treatment for gay and straight parents is required by the Constitution.
The Arizona Supreme Court is set to hear arguments in a case involving a same-sex spouse who was granted parental rights over her ex-wife's biological child.
Tuesday's scheduled hearing comes after the state Court of Appeals ruled in October that Suzan McLaughlin is entitled to the same parental rights as if she were a man. Kimberly McLaughlin is appealing.
The couple entered into a joint parenting agreement and declared they were equal parents. But when their son was nearly 2, Kimberly moved out of their home, taking the boy with her and cutting off contact with Suzan.
She filed for divorce and parenting time, and a trial judge cleared the case to proceed. But Kimberly McLaughlin appealed, arguing Suzan McLaughlin was not a "parent" as defined by state law.
Copyright Associated Press. The Gayly - 6/27/2017 @ 2:22 p.m. CST