A Pennsylvania appellate court has rejected a 25-year-old legal precedent and ruled that a parent's homosexual relationship cannot be used against the parent in determining child custody. ...
It also reversed the lower-court ruling that awarded the father primary custody of their daughter, and granted the appeal of the mother, who is gay, to continue shared custody.
In doing so, the judges overruled a 1985 Superior Court decision that said a parent must prove that his or her gay relationship is not detrimental to the child.
That presumption "is based upon unsupported preconceptions and prejudices - including that the sexual orientation of a parent will have an adverse effect on the child, and that the traditional heterosexual household is superior to that of the household of a parent involved in a same sex relationship," Judge Christine Donohue wrote in the Jan. 21 opinion.[The 1985 ruling that was overturned rejected the idea that a] "homosexual relationship could ever be the equal of the traditional family as a suitable family arrangement, and indicated that it was 'inconceivable' that a child could be exposed to a homosexual relationship 'and not suffer some emotional disturbance, perhaps severe,' " Donohue wrote.