Judge Awards Gay Father Custody of Son

A judge in San Diego County has awarded a homosexual man custody of his teen-age son after a four-year court battle with his fundamentalist Christian wife.

Frank Batey, 42, of Palm Springs won custody of 15-year-old Brian, despite his ex-wife’s contention that he was unfit because he is a homosexual, the Desert Sun of Palm Springs reported Saturday in a copyrighted story.

“I hope the fact that Craig (Corbett, Batey’s lover) and I stuck with this case despite wild and unsubstantiated accusations by right-wing religious groups will give encouragement to other parents, both gay and straight, to stand up for their rights and their children’s rights in court,” Batey said Friday in an interview with the newspaper.

Equality Seen as Issue

“If a bitter ex-spouse brings up homosexuality, judges seem to apply the brakes to fairness and equal application of the law,” he said.

Batey’s ex-wife, Betty Lou Batey, 42, and her attorneys could not be reached for comment, the Sun said. But Batey said he believes they will appeal the decision.

Betty Batey’s pastor, David Gray of the Revival Tabernacle in San Diego--an affiliate of the United Pentecostal Church--said she had left the state to rest and consider the matter.

“The Bible, God’s word, speaks against homosexuality as a sin,” Gray said. “For this reason, I believe the boy should not be with his father. I’m disturbed for America taking a position such as this, which is contrary to natural and spiritual laws.”

San Diego County Superior Court Judge Judith McConnell issued the order giving Batey custody and Mrs. Batey twice-monthly visitation rights in a closed Juvenile Court hearing June 18, the Sun reported.

Divorced in 1975

The Bateys were married in 1969, and Brian was 4 when they divorced in 1975. Betty Batey was initially awarded custody, but in 1980 the San Diego woman began denying her ex-husband visitation rights.

Batey went to court and in 1982 was awarded custody. But 11 days later, the mother vanished with Brian after picking him up for a weekend visit. She and the boy did not surface again until 19 months later, in April, 1984, when she surrendered to authorities in Denver. Both were returned to California and Brian was placed in a series of foster homes while Juvenile Court proceedings were under way.