CA Supreme Court rules

Disabled parent still qualifies for custody

SAN FRANCISCO, CA. A recent decision by the California Supreme Court has been hailed as a landmark victory for handicapped parents involved in custody actions and, according to at least one observer, could be cited frequently in future lesbian/gay custody actions as well. The unanimous ruling by the high court declares that physical disability is not sufficient cause to deprive a parent of her or his children.

In a 25-page written opinion, state Supreme Court Justice Stanley Mosk, representing the court, stated, "The essence of parenting is not to be found in the harried rounds of daily carpooling endemic to modern suburban life, on even in the doggedly dutiful acts of 'togetherness' committed every weekend bywell-meaning fathers and mothers across America. Rather, its essence lies in the ethical, emotional, and

intellectual guidance the parent gives to the child throughout his formative years and often beyond."

The decision came in a cusody dispute between William T. Carney and Ellen J. Carney, who were married in New York in 1968. After the birth of two sons, the couple separated; the father moved to California, taking the children with him. In 1976, while

serving in the military reserve, William Carney had a car accident which left him with his legs paralyzed and the use of both arms and hands impaired. In 1977, during his recuperation, he filed for dissolution of the marriage.

Ellen Carney, who had not seen the children for five years, sought custody, which was granted by Judge Philip Erbsen of Los Angeles Superior ourt. Erbsen, in granting custody to

the mother, ordered the father to pay $400 a month child support, $1,000 for the mother's legal fees, and $1,550 for her travel, hotel, and court costs, as well as the cost of transporting the children from the mother's home in New York when visiting the father in California. Erbsen contended that, due to the nature of William Carney's disability, he could not have a "normal relationship" with the two boys.

The Supreme Court found that

the trial judge had placed too much emphasis on Carney's disability, and that, in Mosk's words, the judge was affected by "serious misconceptions" with regard to the physical abilities of parents.

The high court reversed the lower court ruling and returned the case of the Superior Court for further proceedings, ordering that the best interests of the children be given primary consideration, regardless of physical

March in memory of Milk, Moscone

Moscone and Harvey Milk keeps Kronenberg. growing and growing."

"They gave us so much that we are unable to say 'No' to the dreams they had for all of us."

San Francisco Community College Board President Lillian Sing said that while she never knew Milk and Moscone person-

ally, she understood what they represented. Sing called for a coalition of all minorities in the fight for freedom. "Ethnic minorities make up 43% of this city's population Gays make up

another 25% -that makes us a majority."

Other speakers included Supervisor Carol Ruth Silver, lesbian activist Gwen Craig, and former Milk aide Anne

The underlying message in all the speeches was not to allow the men to have died in vain. Perhaps it was best summarized by one of the speakers, "If Harvey Milk were here tonight, he'd say. 'Don't memorialize, organize.'"

Harvey Milk's brother Robert

attended the march but did not speak. He did, however, leave San Francisco with this poem:

"A shot rang out then another, and another and another! What's it all about? Oh my brother, my. brother, my brother!

•

"He is gone now, What will I do?

He'll be back somehow, and tell me what I can do. Now I see, He came back,

handicap.

"We... conclude," the Supreme Court stated, "that a physical handicap that affects a parent's ability to participate with his children in purely physical activities is not a changed circumstance of sufficient relevance and materiality to render it either 'essential or expedient' for their welfare that they be taken from his custody."

--courtesy of Gay Community News, 9/22/79

Cont'd. from page 2)

Gays harrassed

font'd. from page 2.

not arrest the students because the face of the person who commited the crime (throwing coffee at members who were conducting a meeting) was not actually

seen.

Gays at Kent State have asked

on the steps of City Hall.

He came back

in the Opera House Hall. Harvey will always be around,

San Francisco is his Sacred Ground."

to meet with campus police to discuss ways that KGLF members could defend themselves from attack. Also, the Kent Stater, the campus newspaper, has been approached to run a regular column by a gay person in order to help create a better rapport between the gay and straight communities.

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