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Judge takes foster child away from LGBT couple citing fake evidence that kids in hetero homes do better

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Judge takes foster child away from LGBT couple citing fake evidence that kids in hetero homes do better Empty Judge takes foster child away from LGBT couple citing fake evidence that kids in hetero homes do better

Post by Guest Thu Nov 12, 2015 2:10 pm

Utah judge has ordered a baby to be removed from the foster home of her potential adoptive parents because the couple caring for her is gay, the New Civil Rights Movement reports. April Hoagland and Beckie Peirce were shocked when Judge Scott Johansen ruled the little girl could not stay with them because he had seem some research indicating children with LGBT parents don’t do as well as those with heterosexual parents.
Hoagland called it “heartbreaking.” “We’ve been told to care for this child like a mother would and I am her mother,” she told KUTV. “That’s who she knows, and she’s just going to be taken away in seven days… It’s just not fair, and it’s not right and it just hurts me really badly, because I haven’t done anything wrong.”

Though Johansen chalked the decision up to his own research, Peirce said she doesn’t buy it. “I believe it’s a religious belief,” she told the station. The couple already has two children, aged 12 and 14 and wanted to adopt the baby. The child’s biological mother also wants the baby to stay with the couple and has appealed the judge’s ruling.
The women, who are legally married and state-approved foster parents, said the judge refused to produce the evidence he cited, when asked.

In fact, research does not support the judge’s claim.

According to the Washington Post, studies show children with same-sex parents actually fare better in some ways than those with heterosexual parents. In other measures, children of same-sex couples are no different than their peers. “It’s often suggested that children with same-sex parents have poorer outcomes because they’re missing a parent of a particular sex. But research my colleagues and I published in the journal BMC Public Health shows this isn’t the case,” lead researcher Simon Crouch wrote.

He suggested the higher degree of well being in children of same sex couples in physical and social health because these couples share responsibilities more equally than heterosexual couples. “It is liberating for parents to take on roles that suit their skills rather than defaulting to gender stereotypes, where mum is the primary care giver and dad the primary breadwinner,” he wrote.

http://www.rawstory.com/2015/11/judge-takes-foster-child-away-from-lgbt-couple-citing-fake-evidence-that-kids-in-hetero-homes-do-better/

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Post by eddie Thu Nov 12, 2015 2:52 pm

So.....

The child is happy with the adoptive parents

The adoptive parents are happy with the adopted child

The biological mother is happy with the adoptive
parents



The judge isn't happy so he gets to decide the happiness of three other people and a child?

Sack the bastard; he's not making a fair decison, he's making a biased decision.
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Post by Eilzel Thu Nov 12, 2015 2:54 pm

Absolutely agree Eds. This is one ignoramus letting his own personal prejudice destroy the lives of multiple people. Fortunately I don't expect something like this would happen in the UK but it shouldn't be happening in America either.
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Post by Guest Thu Nov 12, 2015 2:55 pm

That is what really shocked me Eddie
Everyone was happy with the situation.
This is blatant discrmination and the claim to evidence is nothing more than unfounded when many studies show that gay parents make for excellent parents.

He should certainly face some sort of investigation if he has not be honest.

Am sure Quill could shed some light on the legality of this?


Hope the appeal started by the biological mother wins

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Post by Original Quill Thu Nov 12, 2015 3:17 pm

eddie wrote:So.....

The child is happy with the adoptive parents

The adoptive parents are happy with the adopted child

The biological mother is happy with the adoptive
parents

The judge isn't happy so he gets to decide the happiness of three other people and a child?

Sack the bastard; he's not making a fair decison, he's making a biased decision.

Absolutely!  The judge is also legally wrong, in that he has allowed into evidence studies not properly before the court.  A judge is supposed to be an impartial mediator of the rules of evidence, not a participant in the proceedings.  He cannot unilaterally proffer evidence not introduced or urged by the litigants.  The point is that the proceeding is supposed to be adversarial, and the judge is not one of the adversaries.

But, it's Utah.  This is the country where they believe in having sex with children, and marrying your first cousin...along with her aunt and six of her sisters. Rolling Eyes

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Post by Raggamuffin Thu Nov 12, 2015 7:33 pm

Original Quill wrote:
eddie wrote:So.....

The child is happy with the adoptive parents

The adoptive parents are happy with the adopted child

The biological mother is happy with the adoptive
parents

The judge isn't happy so he gets to decide the happiness of three other people and a child?

Sack the bastard; he's not making a fair decison, he's making a biased decision.

Absolutely!  The judge is also legally wrong, in that he has allowed into evidence studies not properly before the court.  A judge is supposed to be an impartial mediator of the rules of evidence, not a participant in the proceedings.  He cannot unilaterally proffer evidence not introduced or urged by the litigants.  The point is that the proceeding is supposed to be adversarial, and the judge is not one of the adversaries.

But, it's Utah.  This is the country where they believe in having sex with children, and marrying your first cousin...along with her aunt and six of her sisters.  Rolling Eyes

It is of course legal to marry your first cousin in the UK ...
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Post by Victorismyhero Thu Nov 12, 2015 7:43 pm

and here's me thinking that quill's life was predicated upon "things are SO much better in the good old US of A...."

especially its legal system......


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Post by Victorismyhero Thu Nov 12, 2015 7:44 pm

much good their vaunted "constition" has done that couple.....
so much for freedom


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Post by veya_victaous Thu Nov 12, 2015 9:11 pm

their state parliaments control a lot of things (like here) this is why the EU would really just be the united states of Europe each nations parliaments become like the state parliaments which can have quite different local laws.
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Post by Victorismyhero Thu Nov 12, 2015 9:27 pm

and now do you see why I'm against the eu?
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Post by Victorismyhero Thu Nov 12, 2015 9:29 pm

as I said...much good that "constitution" does this couple

and clearly the whole job is pointless
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Post by Cass Fri Nov 13, 2015 2:45 am

I'm.confident it will be overturned BUT in the meantime this poor child and poor parents suffer.

Even the birth mother is angry at the judge.


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Post by Original Quill Fri Nov 13, 2015 3:53 am

veya_victaous wrote:their state parliaments control a lot of things (like here) this is why the EU would really just be the united states of Europe each nations parliaments become like the state parliaments which can have quite different local laws.

State legislatures generally have ultimate say on child custody cases, however this may be challenged under the US Constitution, which is the supreme law of the land. The ultimate horse race is between the welfare of the child and the rights of LBGT's to foster and adopt children.

As for the EU, it's interesting that a united Europe is too much for some, yet an independent Scotland is a division too far.  You don't want a united Europe, but you do want a United Kingdom.  Divide, unite...make up your mind.

I agree with Cass...the case will be overturned.  But in the meantime, appeals take time.  This kid could be grown by the time things are set right.

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Post by Original Quill Fri Nov 13, 2015 2:43 pm

Good news.  Governor Gary Herbert, governor of the state of Utah, has come down on the side of the LBGT couple who were fostering the young girl when the judge removed her.  Governor Herbert has ordered the state Department of Child and Family Services to review the case.

As predicted, the judge was criticized for injecting himself into the proceedings instead of acting as an impartial jurist:  Governor "Herbert said Thursday that Johansen should follow the law and not inject his personal beliefs into the decision."

ABC News wrote:Utah state officials are challenging a decision made by a Utah judge to a take a baby away from lesbian foster parents and place her with a heterosexual couple for the child's well-being.

Utah Division of Child and Family Services officials said Thursday in a statement that they will fight the ruling at the appeals court if Judge Scott Johansen doesn't rescind his decision.

The state agency said the judge went against its recommendation that the 9-month old baby should stay with April Hoagland and Beckie Peirce, a married couple in Price, Utah.

In his decision, Johansen mentioned research that shows children do better when raised by heterosexual families, state officials said. However, the American Psychological Association has said there's no scientific basis for believing that gays and lesbians are unfit parents based on sexual orientation.

A full transcript of the ruling has not been made public and may not be because court records of cases involving foster children are kept private to protect the kids. Johansen is precluded by judicial rules from discussing pending cases, Utah courts spokeswoman Nancy Volmer said.

The decision has generated widespread criticism, including from national LGBT groups and Utah Gov. Gary Herbert.

Herbert said Thursday that Johansen should follow the law and not inject his personal beliefs into the decision. The state's Republican governor told reporters that he is puzzled by Judge Scott Johansen's ruling.

"He may not like the law, but he should follow the law. We don't want to have activism on the bench in any way, shape or form," the governor said.

Herbert added that the judge should not "inject his own personal beliefs and feelings in superseding the law."

The ruling came during a routine hearing Tuesday for the couple in the central Utah city of Price.

The couple is part of a group of same-sex married couples who were allowed to become foster parents in Utah after last summer's U.S. Supreme Court ruling that made gay marriage legal across the country. State officials don't keep an exact count but estimate there are a dozen or more foster parents who are married same-sex couples.

Attempts by The Associated Press to reach Hoagland and Peirce have not been successful, but the couple told KUTV (http://bit.ly/1Sjph1o) that they are distraught.

The ruling triggered a heated response from The Anti-Defamation League, Human Rights Campaign and the American Civil Liberties Union. The gay rights groups called the order shocking, outrageous and unjust.

"No child should be denied stability and separated from a loving family because of a judge's baseless beliefs about lesbian and gay parents," said Karen McCreary, executive director of the ACLU in Utah.

Democratic presidential candidate Hillary Rodham Clinton also tweeted about it.

"Being a good parent has nothing to do with sexual orientation — thousands of families prove that," she wrote on her Twitter account, with a link to the KUTV story.

This isn't the first time Judge Johansen's actions have raised concerns and landed him in a controversy.

In 1995, he was issued a private reprimand by a judicial council after he slapped a teenager in his chambers after the 16-year-old allegedly became belligerent and insulting. Johansen, who later apologized, was cleared of any criminal wrongdoing after a pair of investigations.

In 2012, a woman filed a complaint against Johansen after he reduced her daughter's sentence after she cut off the girl's ponytail in court. The girl had landed in juvenile court for cutting off the hair of a 3-year-old girl.

Johansen was the Emery County attorney for 13 years before being named a state judge in 1992.

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Post by eddie Fri Nov 13, 2015 5:49 pm

its just ludicrous!! Does this judge know anything about children? If a child is happy, healthy, growing well, feeding well, and is in a clean, happy, bright and loving home....

THAT IS ALL THAT CHILD NEEDS!

People like him are ignoramuses.
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Post by Cass Fri Nov 13, 2015 7:30 pm

Original Quill wrote:Good news.  Governor Gary Herbert, governor of the state of Utah, has come down on the side of the LBGT couple who were fostering the young girl when the judge removed her.  Governor Herbert has ordered the state Department of Child and Family Services to review the case.

As predicted, the judge was criticized for injecting himself into the proceedings instead of acting as an impartial jurist:  Governor "Herbert said Thursday that Johansen should follow the law and not inject his personal beliefs into the decision."

ABC News wrote:Utah state officials are challenging a decision made by a Utah judge to a take a baby away from lesbian foster parents and place her with a heterosexual couple for the child's well-being.

Utah Division of Child and Family Services officials said Thursday in a statement that they will fight the ruling at the appeals court if Judge Scott Johansen doesn't rescind his decision.

The state agency said the judge went against its recommendation that the 9-month old baby should stay with April Hoagland and Beckie Peirce, a married couple in Price, Utah.

In his decision, Johansen mentioned research that shows children do better when raised by heterosexual families, state officials said. However, the American Psychological Association has said there's no scientific basis for believing that gays and lesbians are unfit parents based on sexual orientation.

A full transcript of the ruling has not been made public and may not be because court records of cases involving foster children are kept private to protect the kids. Johansen is precluded by judicial rules from discussing pending cases, Utah courts spokeswoman Nancy Volmer said.

The decision has generated widespread criticism, including from national LGBT groups and Utah Gov. Gary Herbert.

Herbert said Thursday that Johansen should follow the law and not inject his personal beliefs into the decision. The state's Republican governor told reporters that he is puzzled by Judge Scott Johansen's ruling.

"He may not like the law, but he should follow the law. We don't want to have activism on the bench in any way, shape or form," the governor said.

Herbert added that the judge should not "inject his own personal beliefs and feelings in superseding the law."

The ruling came during a routine hearing Tuesday for the couple in the central Utah city of Price.

The couple is part of a group of same-sex married couples who were allowed to become foster parents in Utah after last summer's U.S. Supreme Court ruling that made gay marriage legal across the country. State officials don't keep an exact count but estimate there are a dozen or more foster parents who are married same-sex couples.

Attempts by The Associated Press to reach Hoagland and Peirce have not been successful, but the couple told KUTV (http://bit.ly/1Sjph1o) that they are distraught.

The ruling triggered a heated response from The Anti-Defamation League, Human Rights Campaign and the American Civil Liberties Union. The gay rights groups called the order shocking, outrageous and unjust.

"No child should be denied stability and separated from a loving family because of a judge's baseless beliefs about lesbian and gay parents," said Karen McCreary, executive director of the ACLU in Utah.

Democratic presidential candidate Hillary Rodham Clinton also tweeted about it.

"Being a good parent has nothing to do with sexual orientation — thousands of families prove that," she wrote on her Twitter account, with a link to the KUTV story.

This isn't the first time Judge Johansen's actions have raised concerns and landed him in a controversy.

In 1995, he was issued a private reprimand by a judicial council after he slapped a teenager in his chambers after the 16-year-old allegedly became belligerent and insulting. Johansen, who later apologized, was cleared of any criminal wrongdoing after a pair of investigations.

In 2012, a woman filed a complaint against Johansen after he reduced her daughter's sentence after she cut off the girl's ponytail in court. The girl had landed in juvenile court for cutting off the hair of a 3-year-old girl.

Johansen was the Emery County attorney for 13 years before being named a state judge in 1992.

Great news. One step closer. Now return the child!
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Post by Original Quill Fri Nov 13, 2015 7:56 pm

eddie wrote:its just ludicrous!! Does this judge know anything about children? If a child is happy, healthy, growing well, feeding well, and is in a clean, happy, bright and loving home....

THAT IS ALL THAT CHILD NEEDS!

People like him are ignoramuses.

This is Mormon country, Eds.  Odds are this is a Mormon judge, interjecting his beliefs onto the proceedings.  Procreation plays an important role in their doctrines.  Gays are an anathema.

Genesis 1:28 wrote:God blessed them; and God said to them, "Be fruitful and multiply, and fill the earth, and subdue it; and rule over the fish of the sea and over the birds of the sky and over every living thing that moves on the earth."

Even though they are not Christians, they place importance on the words of the Christian god.

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Post by Syl Fri Nov 13, 2015 8:06 pm

eddie wrote:So.....

The child is happy with the adoptive parents

The adoptive parents are happy with the adopted child

The biological mother is happy with the adoptive
parents



The judge isn't happy so he gets to decide the happiness of three other people and a child?

Sack the bastard; he's not making a fair decison, he's making a biased decision.

I agree with this. To take a child away from a happy home is totally wrong.
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Post by eddie Fri Nov 13, 2015 10:34 pm

Original Quill wrote:
eddie wrote:its just ludicrous!! Does this judge know anything about children? If a child is happy, healthy, growing well, feeding well, and is in a clean, happy, bright and loving home....

THAT IS ALL THAT CHILD NEEDS!

People like him are ignoramuses.

This is Mormon country, Eds.  Odds are this is a Mormon judge, interjecting his beliefs onto the proceedings.  Procreation plays an important role in their doctrines.  Gays are an anathema.

Genesis 1:28 wrote:God blessed them; and God said to them, "Be fruitful and multiply, and fill the earth, and subdue it; and rule over the fish of the sea and over the birds of the sky and over every living thing that moves on the earth."

Even though they are not Christians, they place importance on the words of the Christian god.

There is nothing loving or Godlike, about his ruling.
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Post by eddie Fri Nov 13, 2015 10:35 pm

Syl wrote:
eddie wrote:So.....

The child is happy with the adoptive parents

The adoptive parents are happy with the adopted child

The biological mother is happy with the adoptive
parents



The judge isn't happy so he gets to decide the happiness of three other people and a child?

Sack the bastard; he's not making a fair decison, he's making a biased decision.

I agree with this. To take a child away from a happy home is totally wrong.

It's just cruel.

Welcome Syl let us know if you need anything
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Post by Original Quill Sat Nov 14, 2015 5:12 am

eddie wrote:
Original Quill wrote:

This is Mormon country, Eds.  Odds are this is a Mormon judge, interjecting his beliefs onto the proceedings.  Procreation plays an important role in their doctrines.  Gays are an anathema.



Even though they are not Christians, they place importance on the words of the Christian god.

There is nothing loving or Godlike, about his ruling.

There's nothing loving or godlike about Mormons. They have been one of the leading forces against gay marriage in America, and it's not even their business. It's just maliciousness.

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Post by Guest Sun Nov 15, 2015 9:00 am

Good news everyone




A Utah judge who ordered a baby to be taken away from a lesbian couple, saying children have a better upbringing with heterosexual parents, has reversed his decision. The nine-month-old girl will be allowed to stay with April Hoagland and Beckie Peirce, according to an order signed by Judge Scott Johansen.

He set a hearing for 4 December to determine the best interests of the child, who will remain with the licensed foster parents until then.
In his first decision, Judge Johansen said research had shown children "are more emotionally and mentally stable" when raised by heterosexual families. His order on Tuesday also stated "the emotional problems suffered by children in same-sex relationships increase by a factor of four compared to children raised by heterosexual couples", reports the Salt Lake City Tribune.
Judge Johansen had given child welfare authorities until 17 November to remove the child from Ms Hoagland and Ms Peirce's home.

Utah officials and the couple had filed court challenges demanding the order be rescinded. Jim Hunnicutt, a lawyer for the couple, said they're relieved the judge had second thoughts. "These two people are excellent, wonderful parents," he said. "They love the child very much, and they are very optimistic that the child will remain in their care."


http://news.sky.com/story/1587263/lesbian-couple-keep-baby-after-judges-reverse

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