THE ANTI-GAY INITIATIVE:  WILL IT AFFECT CHILD CUSTODY?

by Kim Eckart
The Idaho Statesman

Reprinted without permission

     An anti-gay initiative by the Idaho Citizens
Alliance may prevent gay parents from gaining custody of
their children, Boise attorneys say.
     The initiative restricts the state from
"establishing homosexuality as the legal or social
equivalent...of marriage or family."
     And lawyers and parents argue that clause may
influence a judge's decision.
     "I think it would be very hard for a judge to allow
custody to a gay or lesbian couple without acknowledging
that the couple is a family," said Chris Bray, an
attorney who specializes in family law.  "There's nothing
in the initiative that refers to the court, but is the
court an agency of the government?"
     Boise attorney Mack Redford says the initiative's
language is vague about child custody, but is clear in
creating a state position on homosexuality.
     "If I was a judge making a decision as to whether a
homosexual parent should have custody of a child, it
would seem to be an overwhelming philosophy that the
state doesn't condone it," he said.  "The ramifications
of that law is proposed are very significant."
     Nancy Tomaszkiewica, a lesbian who has had custody
of her two children for five years, warns gay parents
that a custody battle can be a major risk.
     "I'm very pessimistic.  Anyone doing it today in the
state of Idaho is taking a huge risk of losing their
children unless they've had custody of them for years,"
she said. "The initiative will have an even greater
impact."
     But attorney Debrha Carnahan predicts a different
outcome.
     "In my best opinion, no judge in Ada County is going
to let it affect anything," Carnahan said.  "I can't
speak for the other counties, but I think Ada County
judges are too kind to let if have any effect."