Virginia Court Rules Lesbian Unfit : Parent, Denies Her Custody of Son

Ruling in a case that has attracted national attention, the Virginia Supreme Court on Friday denied a lesbian custody of her 3-year-old son, deeming her an unfit parent for a number of reasons, her homosexuality among them.

In reversing an appeals court decision giving Sharon Bottoms custody of her son and instead awarding him to his grandmother, the court warned that a child is likely to suffer from the stigma associated with homosexuality.

“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, which will inevitably afflict the child’s relationships with its ‘peers and with the community at large,’ ” the court wrote in a 4-3 decision.

While saying that lesbianism does not by itself render a mother unfit, the opinion additionally noted that sodomy is illegal under Virginia law. “Thus, that conduct is another important consideration in determining custody.”

The justices cited other factors in their decision to deny Bottoms, 25, custody of her son, Tyler Doustou.

They described Bottoms as “devoted to her son,” but pointed to her erratic work history, penchant for moving, past relationships and once striking the child hard enough to leave finger marks.

Marc Elovitz, a Bottoms attorney, said if his client were not a lesbian, those factors would not have cost her custody.

Elovitz said Bottoms’ attorneys will ask the court to reconsider their decision.