THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, April 22, 1995 TAG: 9504220322
SECTION: FRONT PAGE: A9 EDITION: FINAL
SOURCE: BY WARREN FISKE, STAFF WRITER
DATELINE: RICHMOND LENGTH: Medium: 75 lines
In a decision denounced by gay and civil rights activists, the Virginia Supreme Court ruled Friday that an Henrico County woman's homosexuality contributes to her unfitness to raise her 3-year-old son.
In a 4-3 decision, the court said that ``living daily under conditions stemming from active lesbianism'' could subject the child to ``social condemnation.''
The case centers on Sharon L. Bottoms, 25, and her son, Tyler. Two years ago, Bottoms' mother sought custody of Tyler after learning that her daughter was living with a lesbian lover.
Reversing the decision of an appeals court, Virginia Supreme Court justices awarded custody of the child to his grandmother, Pamela Kay Bottoms, of Spotsylvania County.
The court ruled that homosexuality by itself is not grounds for deeming a parent unfit. Justices who signed the majority opinion characterized Bottoms as an immature woman who has been unable to hold a job, displays flares of temper with her child and at times has left the boy with relatives for days without saying where she would be.
Although there is no evidence that the child witnessed his mother engaged in intimate relationships with her lover, the court noted that state laws making oral sex illegal ``is another important consideration in determining custody.''
The court also noted that Bottoms and her lover often made displays of affection in front of the child and that the boy's crib was in a room where the two women shared a bed.
``This is a chilling decision for gay and lesbian parents across the commonwealth,'' said Kelly McHugh, Richmond coordinator for the Gay and Lesbian Alliance Against Defamation. ``The Supreme Court is using a lot of smoke and mirrors to say children can be taken away from gay parents.''
Bottoms was not available for comment. Her lawyer, Donald K. Butler, said she was ``devastated'' by the decision. She also was defended by the American Civil Liberties Union.
Taking solace that justices were sharply divided, Butler said he will file papers in the next 30 days asking the Virginia Supreme Court to reconsider its decision. To do so, one justice in the majority must agree to revisit the case.
Butler acknowledged, however, that the court ``only once in a blue moon'' agrees to reconsider a ruling and that there may be no recourse other than appealing the case to the U.S. Supreme Court.
Butler said the court ignored numerous studies concluding that children growing up in gay households do not suffer psychological harm and often emerge with higher self esteem than youths who are raised by ``straight'' parents.
But the court ruled that Bottoms' son has displayed ``disturbing traits'' that prove ``the child has been harmed, at this young age, by the condition under which he lives . . .'' It cited testimony that Tyler curses, screams, becomes upset at visits from his mother and ``stands himself in a corner facing the wall for no apparent reason.''
And it noted that Bottoms ignored legal advice not to live with her lesbian lover while the custody case was pending. The court said the rejection of that advice suggests ``that the mother felt her individual rights were as important as the child's.''
In a dissenting opinion, three justices accused the court's majority of improperly ``applying a per se rule of parental unfitness based on the mother's homosexual conduct.''
Bottoms has visiting rights to her child on Monday and Tuesday. She is forbidden, however, from taking her son to her apartment. ILLUSTRATION: ASSOCIATED PRESS file photo
In a 4-3 ruling, the Virginia Supreme Court ruled Friday that Sharon
L. Bottoms could not retain custody of her son. The court said her
homosexuality contributed to her unfitness.
by CNB