Appeals court rules against lesbian in key test of civil unions

ATLANTA - In the first test of whether Vermont&#39;s civil union law applies in other states, the Georgia Court of Appeals has ruled against a lesbian couple seeking child visitation rights, saying their partnership does not equal marriage. <br> <br> The court ruled against Susan Freer of Atlanta, who was fighting a lower court order that her three children from a previous marriage could not stay overnight with her and her partner. The couple established a civil union in Vermont in 2000. <br> <br> A divorce agreement signed by Freer and her ex-husband bars the children from overnight visits with a parent living with someone to whom they are not married or related. <br> <br> Freer had argued that the Georgia right-to-privacy law compels the state to recognize her civil union as a legal marriage. <br> <br> Judge M. Yvette Miller wrote for a three-judge panel of the appeals court ``Susan&#39;s position, however, has a flawed premise. She and her female companion were not married in Vermont.&#39;&#39; <br> <br> The ruling Wednesday said Vermont law does not make civil unions legally equivalent to marriage. Even if it had, the court said ``Georgia is not required to give full faith and credit to same-sex marriages of other states.&#39;&#39; <br> <br> Mathew Staver, attorney for the ex-husband, Darian Burns, said today his client was elated by the ruling. <br> <br> Staver said, ``He&#39;s been very concerned. He doesn&#39;t believe that lesbianism or homosexuality is appropriate to be displayed in an overnight setting in front of his children.&#39;&#39; <br> <br> The Georgia Legislature has barred recognition of same-sex marriage in the state. Gay rights advocates say the Constitution&#39;s ``full faith and credit&#39;&#39; clause requires that same-sex marriages in one state be recognized everywhere else.

http://accesswdun.com/article/2002/1/199688