Date: Tue, 21 Mar 1995 11:10:02 -0500 From: David B. O'Donnell To: Multiple recipients of list GLB-NEWS Subject: (USA) Wyoming Custody Battle: Abuse v. Lesbianism [ Send all responses to LASAGA@UWYO.EDU only. Any responses to the list or list-owners will be returned to you. ] --------------------------------------------------- PRESS RELEASE --------------------------------------------------- For Immediate Release: March 16, 1995 Contact: Judy Paxton, Defendant (307) 634-2060 Donna Appleman (307) 634-2060 Maria Lasaga, Chair, United Gays & Lesbians of Wyoming (307) 742-6278 Child Abuse Pitted Against Lesbianism in Wyoming Until now, only one custody dispute involving a lesbian parent has ever been heard in the history of the Wyoming court system. On December 16, 1994, the judge in that case ruled that the mother was unfit because her "open homosexuality has and is likely to create confusion and difficulty for the children" and will "negatively affect development of the children's moral values." The judge also concluded that "the state has an interest in supporting conventional marriages and families." This case has been appealed to the Wyoming Supreme Court. Enter Judy Paxton. She is the mother of 3 boys, aged 11, 10 and 8. Upon divorcing her ex-husband in 1992, Judy retained custody of her youngest. However, last year, several complaints were filed by social agencies against Judy's ex-husband because he was physically and verbally abusing the two boys in his custody. So Judy sued for custody of her two oldest sons. Her ex-husband then counter-sued for custody of the youngest. At issue was her sexual orientation: Judy is a lesbian who is living with another woman. At a preliminary hearing held on March 6, a commissioner who was appointed to hear the case accused Judy and her attorney of bringing frivolous motions before the court. They were fined $150. Judy's attorney had motioned to exclude the issue of sexual orientation from the custody hearing, since Judy's ex-husband knew she was a lesbian at the time of their original custody agreement. When Judy's attorney questioned the fine, the commissioner retorted that he "wanted to give [Judy's attorney] something to appeal," and stated that his motion was "not in the best interest of the children." Maria Lasaga, chairperson of United Gays & Lesbians of Wyoming (UGLW), considers the preliminary hearing to be a serious violation of justice. "The commissioner has pre-judged the case, and the actual custody hearing has not even been held," she stresses. "Apparently, physical and emotional abuse are more appropriate and desirable for children in Wyoming than having a lesbian mother," comments Lasaga. Judy Paxton is still reeling from the preliminary hearing. "I was stunned by the way my attorney and I were treated," she recalls. "My worst nightmares are coming true. I could lose my boys, and lose them to abuse, just because I am a lesbian." But her struggles with the legal system in Wyoming are not producing a defeatist attitude. In fact, quite the opposite. "I'm so mad and feel so wronged that, no matter what happens, I'm not going to stop with custody in fighting for our civil rights," Judy asserts. Judy's partner, Donna, has lived for years in ongoing fear that her own two children would someday be taken away. Dealing with this longstanding fear has prepared her to help Judy go through the litigation process. "The hardship of this situation," reflects Donna, "is realizing that all three kids could continue to be abused. It's difficult for me to hear their tales, to see the tears, to watch them struggle to be strong." Judy and Donna--with support from UGLW, a statewide organization--are committed to a long and arduous fight for the welfare of the three boys. However, Judy and Donna's resources are running thin. "The cost of fighting this battle is mounting beyond our financial capabilities," concedes Judy. "We are asking the community for help." Lasaga echoes her plea. "An eventual Wyoming Supreme Court ruling of abuse over lesbianism could set a disturbing precedent nationwide," she adds. Contributions can be sent to: Judy Paxton Trust Fund, Edwards & Johnson, 211 West 18th St., Cheyenne, WY 82001. Letters to: J. Paxton, Box 6791, Cheyenne, WY 82003. ###