Lesbian Appeals Ruling Basing Child Custody on Sex Preference

A lawyer for a lesbian who lost custody of her 2-year-old son pleaded Wednesday with the Virginia Court of Appeals to scrap what he contended was an outdated state Supreme Court precedent.

“To take a category of people and say they don’t get to keep their own children, that’s not what the law of this state is about,” said Donald K. Butler, the attorney for Sharon Bottoms.

But a lawyer for Kay Bottoms, Sharon’ mother, who was awarded custody of the child on Sept. 7, said the 1985 state Supreme Court ruling made it clear that children should not be raised by a homosexual parent.

The ruling held that a lesbian “is an unfit parent if she exhibits hugging, kissing, pats on the bottom and sleeping in the same bed” with her partner, lawyer Richard Ryder said.

Sharon Bottoms, 23, said after the hearing that her son has never seen her have any sexual contact with her live-in partner, April Wade. She said in September that she and Wade had hugged and kissed in front of the child.

The appeals court did not immediately rule in the custody case. A ruling is expected within six months, but “no matter how it comes out, this is going to the Virginia Supreme Court,” Ryder predicted before the hearing.

A circuit judge relied heavily on the 1985 state Supreme Court ruling when he awarded custody of Tyler Doustou to Kay Bottoms. The judge gave Sharon Bottoms visitation rights, but not in her home and not in Wade’s presence.

Butler said sociological studies since the 1985 state Supreme Court ruling have shown that children living with openly gay parents are not adversely affected.

“What it comes down to is . . . whether the new evidence about sociological impact would be enough to persuade the court to overrule” the 1985 decision, Butler said.