Normalization of homosexuality forces Georgia Supreme Court to overturn post-divorce ruling restricting father's homosexual activities during visitations with children
-- From "Kids to meet gay dad’s partner on Father’s Day" Associated Press 6/20/09
The [restrictions on the father] stemmed from the bitter divorce between [Eric] Mongerson and his ex-wife, Sandy, who were married for almost 20 years and had four children. Mongerson said the marriage ended when his wife discovered he was gay in November 2005, but he would not elaborate.
The dispute played out the next few years in court, as Sandy's attorney claimed he had several affairs with other men and subjected the kids to an array of "wholly inappropriate conduct" during a trip to Arkansas.
The arguments helped sway Fayette County Superior Court Judge Christopher Edwards to award Sandy Kay Ehlers Mongerson custody of the children. The judge also issued a blanket order banning Eric Mongerson from "exposing the children to his homosexual partners and friends." A fourth child is an adult over 18 and had no restrictions on contact with Mongerson or his gay friends.
Edwards said in his ruling that the decision was meant to reflect "the trauma inflicted upon the children" during the Arkansas trip.
In court arguments in January, attorneys Hannibal Heredia and Kimberli Reagin contended the judge had no evidence that exposing the children to Mongerson's gay friends would damage them.
On Monday, the Georgia Supreme Court unanimously agreed. Justice Robert Benham wrote in the scathing 10-page ruling that the trial court abused its discretion without evidence of harm to the children. He concluded it "flies in the face of our public policy that encourages divorced parents to participate in the raising of their children."
The decision was quickly applauded by gay rights advocates who say the judge's order was rooted in decades-old misconceptions about gays and lesbians.
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