Lesbian couple can keep baby, Utah judge says in reversal

Utah State Courts released the judge’s order Friday, crossing out the mandate from 7th District Juvenile Judge Scott Johansen, which said, “The court believes that it is not in the best interest of children to be raised by same-sex couples”.

Fortunately, Johansen seems to have come to his senses and on Friday signed an order allowing the baby to remain with her foster parents for the time being.

A judge placed on hold his order removing a child from a same-sex household. “And she’s just going to be taken away in seven days to another probably good loving home, but it’s not fair, and it’s not right, and it just hurts me really badly because I haven’t done anything wrong”.

Married couple April Hoagland and Beckie Peirce became foster parents shortly after same-sex marriage was declared legal last summer, according to the L.A. Times. She and Peirce planned to raise the foster child in the city of Price with two biological children born to each of the women. The decision ignited a firestorm of criticism from social media, gay activist organizations, and the office of Utah Gov. Gary Herbert, who said Johansen should follow the law and not let his personal beliefs influence his decision. “We don’t want to have activism of the bench in any way, shape or form”. The pair were moving toward adopting the child, with the blessing of her birth mother, agency officials said.

“We’re very happy to see movement on this issue, and we’re looking forward to a swift and happy resolution to this case”, he said.

A Utah judge on Friday amended a controversial ruling that would have forced a married lesbian couple to surrender custody of their infant foster daughter within a week, instead scheduling another hearing for next month, the couple’s lawyer and a court spokeswoman said.

In 2012, he ordered a mother cut her own 13-year-old’s hair in court as punishment.

It comes after Johansen said in court Tuesday that the baby was would be removed from the couple’s home. “So we have filed a motion with this court to ask him to reconsider his decision”. He said the research indicates they will do better in a home with heterosexual parents.

“The ruling now strikes any requirement to remove the foster child from the current placement”, Utah DHS spokesperson Allie Jurkatis said.

This order was contrary to our recommendation to the judge, and all parties objected to the order on record.

A judge has reversed an order that a foster child should be taken way from a lesbian couple. It stated that unless the judge vacates his order, the DCFS will proceed with their petition to the court of appeals.

Daniel Woodruff contributed to this story.