Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, May 23, 1995 TAG: 9505230097
SECTION: VIRGINIA PAGE: C-3 EDITION: NEW RIVER VALLEY
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
The Virginia Supreme Court ruled last month that Sharon Bottoms' relationship with a live-in lover, April Wade, made her home unfit for 3-year-old Tyler Doustou.
``We have previously said that living daily under conditions stemming from active lesbianism practiced in the home may impose a burden upon a child by reason of the `social condemnation' attached to such an arrangement,'' Justice Christian A. Compton wrote.
The American Civil Liberties Union asked the Supreme Court to hear the case a second time, arguing that the court did not adequately consider the testimony of a psychologist and another expert witness who said the child would not be harmed by living with his mother.
The court did not rule Monday whether to accept the case a second time.
``The psychologist concluded that Sharon Bottoms is `warm' and `responsive' with her son,'' and Tyler seems happy and at ease, the ACLU wrote in court papers.
The court cited other reasons for denying custody to Bottoms, 25. The divorced mother has a history of moving from place to place, relies on others for support and has a quick temper, the court found.
Bottoms, of Richmond, is unemployed. She has court-approved visitation one day a week.
Juvenile Court Judge Buford Parsons awarded custody to the grandmother in March 1993, and upheld it later on grounds that Bottoms and Wade violate the state's ``crimes against nature'' law.
``We're just kind of hoping that they will hear it, based on the reasons'' in the ACLU filing, Wade said Monday.
by CNB