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Monday, March 5, 2007
Perhaps the beginning of another fight over gay rights in Georgia
The Atlanta Journal-Constitution
As much as it tried to do otherwise last week, the state Supreme Court may have set the table for yet another fight over gay rights in Georgia.
The case was Wheeler v. Wheeler, a gay adoption case that pitted two halves of a lesbian couple in DeKalb County against one another.
Gay rights advocates declared victory. But it was not a full-throated declaration. Successful Alpine skiers express the same level of restraint during avalanche season, and for the same reason.
Two Supreme Court races, for seats now held by justices Robert Benham and Harris Hines, are scheduled for 2008. Both incumbents were part of the 4-3 majority. Wheeler v. Wheeler could easily become part of the discussion.
No legislation growing out of the case should be expected this year. But again, 2008 is another matter — especially given the success that Republicans had with the statewide referendum on gay marriage in 2004.
Wheeler v. Wheeler wasn’t about the right of gay or lesbian adults to adopt a child, or serve as foster parents.
The case challenged the legitimacy of spousal adoptions among gay and lesbian couples — in which one of the partners is usually the biological parent. A handful of the 193 Superior Court judges in Georgia permit them.
One of them is Anne Workman on the DeKalb County bench. In 2002, she permitted Melody Doss Wheeler to adopt the biological child of Sara Leann Wheeler, who had gotten pregnant via artificial insemination.
Things did not work out for the Wheelers. They split three years later. Court papers say Melody Wheeler challenged Sara Wheeler, the biological mother, for custody.
Sara Wheeler and her lawyer retaliated with what must be viewed by many gays as a weapon of mass destruction. The two challenged the legitimacy of the Wheelers’ 2002 adoption — and by implication, the legitimacy of all similar adoptions in Georgia.
“She’s been ostracized by the community,” said her attorney, Anthony Zezima.
Bottom line, Zezima argued that spousal, or “step-parent,” adoptions require a legitimate marriage. And among same-sex partners, marriage is forbidden in Georgia.
The Wheelers went before Judge Workman, who — not surprisingly — upheld her own decision, and Melody Wheeler’s right to participate in the raising of the child.
Sara Wheeler appealed first to the state Court of Appeals, then the state Supreme Court.
Last Monday, the state Supreme Court rejected a request for review. Like the Court of Appeals, it did so without a word of explanation.
Greg Nevins is a staff attorney with the southern regional office of Lambda Legal, which defended the adoption.
“This particular case is about the fact that adoptions are final. The court didn’t look with a lot of favor on someone who encouraged the adoption, and then tried to undo it, years later,” Nevin said.
But the last word, for now, may belong to George Carley, one of three justices on the losing side of Wheeler v. Wheeler.
In a written dissent, Carley bridled at his colleague’s reluctance to take a pass at ruling on the legitimacy of same-sex adoption, which he called a matter of “great concern, gravity and public importance.”
It was also a case of first impression, the justice said. Unplowed ground.
“Whether a person who has never been, and indeed cannot be, a spouse of the living parent may nevertheless adopt the child, while that parent still retains all her rights, is an important issue,” he wrote. The question has far-reaching implications, Carley added, whether the partner is a same-sex lover or an old family friend.
Not exactly bumper-sticker material. But give it time.
Waiting for PeachCare: A message from a well-read Republican
The Atlanta Journal-Constitution
Got a note this morning from Eric Johnson of Savannah, the No. 2 Republican in the state Senate — when the Legislature is in town and working.
It’s not today. The General Assembly has thrust itself into a two-week limbo to see if Congress will fill that $131 million hole in state’s health insurance program for kids of the working poor.
Wrote Johnson:
I hope that our wait on Washington for help with PeachCare isn’t in vain. It reminded me this weekend to reread Beckett’s play, “Waiting for Godot.” Do you remember the play? It is one of my favorites. After two days of waiting for an unknown character named Godot, the two tramps finally have this to say:
Vladimir: Well? Shall we go?
Estragon: Yes, let’s go.
And nobody moves…. …and the curtain drops.
I thought you might like the comparison.
John McCain on illegal immigration
The Atlanta Journal-Constitution
An interesting National Review piece on U.S. Sen. John McCain’s ultimate survivability in the GOP presidential primary includes this paragraph:
Last year, Sen. Johnny Isakson of Georgia proposed that the [immigration reform] bill’s border-enforcement provisions go into effect first, and be shown to work, before illegal immigrants could start on their path to citizenship. McCain is open to the concept.
See it here, through SCHotline.
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Blogwatch: Four-year terms don’t thrill the House gatekeeper
The Atlanta Journal-Constitution
On Peachpundit.com, the topic was a measure by state Sen. John Douglas (R-Social Circle) to extend the terms of state senators from two-years to four. As might be expected, a House bill demanding similar terms for members of that chamber has also been launched.
Among that blog’s responders was Decaturguy, a Democrat who maintains the Atlanta Public Affairs blog. “Grab that power, Douglas,” was Decaturguy’s posting.
Next came this one from eehrhart: “Sign of the [apocalypse]….I agree with Decaturguy!
“Two year terms are sufficient for House AND Senate members. We need to face the voters every two years it keeps us accountable for our actions.”
It just so happens that state Rep. Earl Ehrhart, a very conservative Republican, is chairman of the House Rules Committee, which determines what bills come to the House floor.
