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Supreme Court ruling: Carvin v. Britain

 
 
Reply Tue 16 May, 2006 09:49 am
The general news sites don't seem to have much information on this ruling and I'm hoping that some A2Kers might have some insight/information into the court's decision.

Is there any place I can go to read the opinions yet?
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Setanta
 
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Reply Tue 16 May, 2006 09:51 am
Try this page from the Washington Court's web site. It does not discuss the case directly, but contains links to other pages which might help you. In the meantime, i'll see if i can find more.
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boomerang
 
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Reply Tue 16 May, 2006 09:54 am
Thanks!

The Supreme Court upheld the Washington court's decision yesterday. Would they issue new opinions reinforcing Washington's decison or do they just let Washington's decision do the talking?
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Setanta
 
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Reply Tue 16 May, 2006 09:56 am
Findlaw-dot-com has this page, as well as this page which is the dissenting opinion. Both are dated in November, 2005. In both cases, quite a few people are listed as amicus curiae, which, when combined with the names of the judges and legal counsel, mean you have to scroll way down the page to get to the text of the opinion and of the dissenting opinion.

I'll see is i can find a résumé of the case.
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Setanta
 
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Reply Tue 16 May, 2006 10:00 am
I found this précis of the decision at a gay rights web site:

Quote:
This decision ordered a new trial for a woman seeking co-parental rights for the little girl she helped raise. Mian Carvin and Page Britain met in 1989 and soon after began a relationship. In 1994 Britain was artificially inseminated and bore a daughter. While Britain concentrated on her career, Carvin cared for their daughter. But, seven years later the couple's relationship was on the rocks and they split up. Britain took the little girl, and Carvin was shut out of the child's life. Last year a King County Superior Court Judge dismissed a petition by Carvin to be declared a parent saying that under the state's Uniform Parentage Act his hands were tied. But, the appeals court while agreeing that under the act Carvin could not be considered a parent there were other sections of the law which could apply. In ordering a new trial, the three-judge panel said that Carvin could seek status as a "de facto or psychological parent" by presenting evidence of a parent-child relationship. Or, she could argue for "third party visitation" in the same way that a child's grandparents might.
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Setanta
 
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Reply Tue 16 May, 2006 10:02 am
boomerang wrote:
Thanks!

The Supreme Court upheld the Washington court's decision yesterday. Would they issue new opinions reinforcing Washington's decison or do they just let Washington's decision do the talking?


I couldn't say. If they simple refused to hear the case, the decision would stand without further comment from them. If they reviewed the case without the presence of legal counsel, they could have issued an opinion (and a dissentient opinion) without further reveiw. They might also have heard arguments of legal counsel and amicii curiae and then have rendered an opinion. I've not followed the case, and in fact had not heard of it when you posted your thread. I just know where to find things like this.
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Setanta
 
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Reply Tue 16 May, 2006 10:03 am
By the way, you'll find information more quickly by using the search criterion "Carvin v. Page Britain," which turned up more results for me. The full designation of the case is "Sue Ellen ("Mian") Carvin v. Page Britain," which might yield even better results, although i've not tested that.
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boomerang
 
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Reply Tue 16 May, 2006 10:09 am
Thank you for your excellent research! I've got some reading to do today. I meet with my attorney tomorrow morning so this news is well timed.

A lot of states don't have provisions for psychological parenting. We used our states law even though every lawyer will agree that "judges hate it because it is so hard to apply".

Hip hip hurrah for the Supreme Court!

Score one for the kids.
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