Althouse: "A Utah judge reversed his decision to take a baby away from her lesbian foster parents and place her with a heterosexual couple..."

November 13, 2015

"A Utah judge reversed his decision to take a baby away from her lesbian foster parents and place her with a heterosexual couple..."

"... after the ruling led to widespread backlash."

The internet worked.

69 comments:

Chuck said...: Holy shit as a lawyer I shudder to think what the consequences would be, of "the Internet" being our national intermediate court of appeals.; 11/13/15, 12:27 PM
chuck said...: >The internet worked.

Not a good thing.; 11/13/15, 12:29 PM
I Have Misplaced My Pants said...: wow yay twitter justice!; 11/13/15, 12:30 PM
Michael Fitzgerald said...: More bureaucrats buckling under to mob justice. The center cannot hold, things fall apart...and a rough beast slouches toward Bethlehem.; 11/13/15, 12:34 PM
Christopher B said...: The mob ruled.

I see why you're happy about that in this instance. The next time, maybe not so much.; 11/13/15, 12:35 PM
rcocean said...: More likely, the word came down he'd be overturned on appeal. So the Judge bailed. No use in taking a leftwing bullet if you're going to lose anyway.; 11/13/15, 12:38 PM
Sammy Finkelman said...: It wasn't the IUnternet as a whole, but rather, taht it reached some people who mattered. It must have ultimately reached someone who could impact on the judge.

It helped that he really had no basis for his decision, and that he was not being co-operative or fair with the lawyers for the lesbians (telling them he was finding that children brought up by single sex couples did worse, but refusing to say where he got it from and telling them to do their own research.); 11/13/15, 12:40 PM
n.n said...: The Internet did not work. Someone with extrajudicial leverage worked.; 11/13/15, 12:49 PM
machine said...: another "conservative" sticking to his "principles"; 11/13/15, 12:51 PM
rehajm said...: I feel Roman.; 11/13/15, 12:53 PM
T said...: IMO just another instance of the politicization of the judiciary. Judicial opinions should rest on legal principle, not on political affiliation nor on mob rule (whether that mob rule be the internet, protests outside the court, news media stories or a deluge of amici curiae briefs.

To me this seems like just another argument against an appointed (v. elected) judiciary at any level.; 11/13/15, 12:53 PM
hstad said...: My goodness Althouse - listen to yourself? "The Internet worked"? You better be careful, rule by the mob is not pleasant once accepted! In the old days, they called it Fascism! Now you seem to be ok with it as long as the outcome agrees with your view! Anarchy is around the corner and it will not bode well for college professors, the elite, and the PC crowd! Do not unleash such violence in the name of your God - Liberalism!; 11/13/15, 12:56 PM
Gahrie said...: The internet worked.

For who?

Probably not the baby.....; 11/13/15, 1:04 PM
Gahrie said...: By the way...which man is paying child support? There has to be one somewhere....; 11/13/15, 1:06 PM
n.n said...: Another distraction to avoid addressing the issue on its merits. Progressive liberals only have their pro-choice doctrine to rationalize selective exclusion.; 11/13/15, 1:06 PM
Mark said...: So you have this same-sex couple arguing that their rights are the most important thing. Then you have the usual suspects arguing that gay rights are the most important thing. Now you have this assertion that the Internet is the most important thing.

Meanwhile -- what about the child?

Does the child ever enter into it? Is the best interests of the child even a consideration? Or is the child nothing more than some object, some pawn, over which people argue for ownership?

The questions are, of course, rhetorical. The child does not matter. The child never matters. The child is irrelevant. Only satiating the demands of a bunch of self-indulgent ideologues is important.; 11/13/15, 1:21 PM
traditionalguy said...: Amazing development. Without natural parents in agreement, the Courts have for many years had total power to make Child custody decisions, and keep those decisions open to the Judge change of mind.

This Judge apparently declared a gay life style home itself to be dangerous to the child. But modern attitudes see that as if hehad declared redheads dangerous to children... there is the well known pathological temper you know.; 11/13/15, 1:38 PM
Ignorance is Bliss said...: hstad said...

My goodness Althouse - listen to yourself? "The Internet worked"? You better be careful, rule by the mob is not pleasant once accepted! In the old days, they called it Fascism! Now you seem to be ok with it as long as the outcome agrees with your view! Anarchy is around the corner and it will not bode well for college professors, the elite, and the PC crowd! Do not unleash such violence in the name of your God - Liberalism!

Rulings like this could well lead to a national shortage of exclamation points!; 11/13/15, 1:39 PM
n.n said...: Mark:

You're right. While there is more than one issue to be considered, the lives and welfare of the children should take precedence. Whether nature or social justice should act as a benchmark, the judge is the only public party to consider the children's interests based on established science.; 11/13/15, 1:45 PM
Bobby said...: According to the article, "In his first decision, (Judge) Johansen cited research that shows children do better when raised by heterosexual families." I'm guessing the problem was that when Mrs. Garrison finally presented the results of the research, however, it turned out that same-sex parents did no worse than did the opposite-sex parents: both Wendy and Bebe's egg and (more shockingly) Stan and Kyle's egg both turned out just as well as did all the others in the class. Once presented with these findings, I'm guessing the judge had no choice but to allow same-sex parents to foster children.; 11/13/15, 1:48 PM
Humperdink said...: "I feel Roman."

Yep, took his cue from Pontius Pilate.; 11/13/15, 1:52 PM
exhelodrvr1 said...: "The internet worked" is a horrifying concept.; 11/13/15, 1:58 PM
buster said...: Like others, I doubt that the Internet had anything to do with the judge's change of mind. What's interesting, though, is that the professor of constitutional law thinks it would be a good thing and wants it to be true.; 11/13/15, 1:59 PM
Laura said...: What if the child identifies as a heterosexual? The current narrative is that she's born that way.; 11/13/15, 2:05 PM
Etienne said...: So the law isn't the law, or the law is badly designed, or what? What put the judge on the path of stealing a baby?

God waits for the answer.; 11/13/15, 2:08 PM
Gabriel said...: I can't wait to apply the internet all judicial rulings. The law has no business contradicting the will of the people.* What could possibly go wrong?

*That fraction thereof who use social media and are butthurt about the ruling in question.; 11/13/15, 2:31 PM
dreams said...: Yeah, the internet is working which means you had better conform to the current popular opinion. Mob rule.

http://www.powerlineblog.com/archives/2015/11/the-spreading-virus-claremont-update-2.php; 11/13/15, 2:45 PM
dreams said...: The virus spreads.; 11/13/15, 2:47 PM
Steve M. Galbraith said...: So, if "the internet" (however the hell that is determined) changes its mind the decision should be reversed?

Where's the "yea" and "nay" keys? I don't seem to be able to find them on this keyboard.; 11/13/15, 3:02 PM
CJinPA said...: The Internet has long argued that children don't need fathers. It's been proven wrong, but, proof is analog.; 11/13/15, 3:07 PM
Theranter said...: "The questions are, of course, rhetorical. The child does not matter. The child never matters. The child is irrelevant. Only satiating the demands of a bunch of self-indulgent ideologues is important."

So sad, so true. Also, And why can't the bio parent(s) have a say in the matter? This child was a foster child, so I'm assuming there is at least a bio mom out there, and regardless of what she may have done to have the baby taken away, if she, just a few weeks earlier, could have made the decision to abort it, why can't her preferences for the type of home be taken into account? Maybe she wants a gay Wiccan couple, maybe she wants a single parent, maybe she wants a Catholic couple. They are all available, so why can't that be a factor? (Or is it ever?) it should be, IMHO.; 11/13/15, 3:12 PM
MisterBuddwing said...: What if the child identifies as a heterosexual? The current narrative is that she's born that way.

Er... so what?; 11/13/15, 3:19 PM
Scott M said...: So...all the fathers that have had their children taken away from them because the judge assumed the mother was a better situation are SOL?; 11/13/15, 3:33 PM
exhelodrvr1 said...: What does the internet say, Scott?; 11/13/15, 3:44 PM
Clyde said...: Terrorist attacks (shootings and bombings) in Paris. You know that the perps weren't people named Pierre or Henri.; 11/13/15, 3:59 PM
eric said...: The internet worked. Now everyone can engage in child abuse.; 11/13/15, 4:11 PM
Humperdink said...: @Clyde. I am thinking workplace violence. That $15/hour minimum wage thingy.; 11/13/15, 4:13 PM
Bay Area Guy said...: Hmm, I thought the law was supposed to work?

I haven't read the court's decision, so I have no opinion on whether the judge followed the law or not.

The internet worked? Hmm, seems kinda ......vacuous? superficial? unscholarly?

A mulligan for Althouse, I guess.; 11/13/15, 4:15 PM
dreams said...: "Only days after tweeting support for the student protestors at the University of Missouri, head football coach Gary Pinkel has announced his resignation at season’s end."

http://dailycaller.com/2015/11/13/source-mizzou-head-football-coach-gary-pinkel-will-resign/#ixzz3rMX0Feet; 11/13/15, 4:29 PM
jacksonjay said...: My enternet must be broked. I ain't bin kalled a hillbilly yet.; 11/13/15, 4:31 PM
Paco Wové said...: Paris

More than 60 dead, according to BFMTV. "Hundreds" held hostage in the Bataclan night club. Security forces fear that there are "several hostage takings underway" in Paris.; 11/13/15, 4:36 PM
jacksonjay said...: Somebody call Iman Obama. FAUX News is insulting them A-Rab Muslim fellers again. Something bout shooting up Paris France.; 11/13/15, 4:37 PM
The Godfather said...: @Theranter: The linked news report in Althouse's post yesterday said that the biological mother supported the lesbian couple as the foster parents. There was nothing said about the child being "taken away" from her; I assume she gave her child up for adoption because she couldn't raise the child herself. The foster parents had been vetted by the appropriate authorities and found to be suitable.

Frankly, I blame Althouse for treating this case as a victory for mob rule ("the internet worked"). The rule of law worked.; 11/13/15, 4:45 PM
garage mahal said...: Paris: where IS Obungler?; 11/13/15, 4:46 PM
dreams said...: Don't worry about France, Obama is on the case.; 11/13/15, 4:48 PM
Rosalyn C. said...: "The internet worked" could also mean that the error of the judgement, which was based on personal bias rather than actual proven facts, was exposed sooner rather than later.; 11/13/15, 4:54 PM
Paco Wové said...: I think Hollande just said France was closing its borders.; 11/13/15, 4:57 PM
ken in tx said...: There are published accounts of grown children of same sex couples that indicate negative outcomes. I read about them in World magazine. I doubt that anyone would have the nerve to conduct an honest formal study on this subject, and if they did, I doubt they could get it published.; 11/13/15, 4:58 PM
Lewis Wetzel said...: I guess we've given up on reason as a problem-solving method:

"In his first decision, Johansen cited research that shows children do better when raised by heterosexual families. However, the American Psychological Association has said there's no scientific basis that gay couples are unfit parents based on sexual orientation."; 11/13/15, 5:00 PM
Wince said...: I dunno, what do you think, Johnny?; 11/13/15, 5:08 PM
Wince said...: The KKK Took My Baby Away; 11/13/15, 5:11 PM
dreams said...: Maybe a dingo should eat the baby.; 11/13/15, 5:19 PM
Unknown said...: They threw away the baby with the bathwater.; 11/13/15, 6:05 PM
Skipper said...: Just more proof that the judiciary is just another legislature.; 11/13/15, 6:21 PM
Theranter said...: @TheGodfather, thank you! Good to know.; 11/13/15, 6:35 PM
Big Mike said...: @Godfather, good to know. FWIW I know of multiple lesbian couples and their partnerships (and now one couple is formally married) seem to be no better and no worse than most heterosexual marriages.

@ken in tx, I think I'd like to see a study myself, but in particular I'd like to see it differentiate between lesbian couples and male homosexual couples.; 11/13/15, 7:19 PM
Lewis Wetzel said...: Big Mike wrote:
"I think I'd like to see a study myself, but in particular I'd like to see it differentiate between lesbian couples and male homosexual couples."
Any reputable social scientist who published data showing that a gay couple was inherently inferior to a straight couple in any category would be hounded out of his job.
The truth stopped mattering a long, long time ago. 1973, to be exact. That is the year the APA gave into intimidation, threats, and blackmail and officially removed homosexuality from its list of mental disorders.; 11/13/15, 7:36 PM
Nichevo said...: The internet worked.
Posted by Ann Althouse

So we don't need you anymore. Why bother with laws? Laws are what the internet wants. The Internet.

Have you found God, Ann, do you worship at the altar of the Matrix? Time to retire and upload your consciousness to a tiny flash drive.; 11/13/15, 7:48 PM
Big Mike said...: @Terry, I know that, and so does everyone else. But perhaps I can dream.

"I dream things that never were; and I say 'Why not?'"; 11/13/15, 9:20 PM
Todd Roberson said...: There's got be a hashtag for this. Mr. President?; 11/13/15, 9:24 PM
BN said...: "The internet worked."

Maybe so, but I need a "safe space."; 11/13/15, 11:46 PM
BN said...: "No use in taking a leftwing bullet if you're going to lose anyway."

You're going to lose anyway. And you're going to take a bullet anyway.

Start getting used to it. I am.; 11/13/15, 11:48 PM
BN said...: "First thing we do is kill all the judges."

-Shakespear; 11/13/15, 11:51 PM
BN said...: Coupe: "God waits for the answer."

How long?; 11/13/15, 11:54 PM
Fen said...: Althouse will be purged in the 2nd Wave.

And the irony is it will be the Gay Nazis who throw her against the wall.; 11/14/15, 12:14 AM
averagejoe said...: "The internet worked"- LOL! Another pronouncement from the noted professor of law which lacks any self-awareness whatsoever. AA doesn't see the pendulum swinging back on her, because she's one of the good ones.

It was jacobins that ended up beheading the leftists from which they sprang.... No! No! Don't take me away! I'm like you! I'm just like you! I'm one of the good guys! Nooooo!....; 11/14/15, 4:39 AM
Laura said...: "Er... so what?"

Authentic experience. Argument works for minority activists.; 11/14/15, 9:13 AM
Abdul Abulbul Amir said...: The judge yielded to pressure to discriminate against the child. Every child deserves a mommie and a daddy.; 11/14/15, 2:54 PM
vanderleun said...: "The internet worked"-

If the internet worked, Ann would have three children by four husbands.; 11/15/15, 12:45 PM