Date:         Thu, 4 Jan 1996 23:05:17 -0500
From: DennyCLU@AOL.COM
Subject:      Wyoming Top Court Restricts Visits by Lesbian Mother

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News from the ACLU National Headquarters

           Wyoming Supreme Court Upholds Visitation
                 Restrictions on Lesbian Mother

FOR IMMEDIATE RELEASE: Friday, January 5, 1996

CHEYENNE, Wyo. -- The highest court in Wyoming upheld restrictions
on the right of a lesbian mother to visit her two children.  The
decision, issued last month, received mixed reaction from the
American Civil Liberties Union, which criticized the results but
embraced other aspects of the ruling that hold potential for the
equal treatment of lesbian and gay parents.
  In a divided 3-2 ruling, the Wyoming Supreme Court affirmed
restrictions on a lesbian mother's visitation rights, based in part
on the fact that the mother had not tried to hide her sexual
orientation, which the court described as a "conspicuously
divergent lifestyle."  Despite that ruling, the unanimous court did
reject the lower court's conclusion that "homosexuality is
inherently inconsistent with families."
  "A mother's sexual orientation has no bearing on whether she is
a loving and nurturing parent," said Marc E. Elovitz, staff
attorney of the ACLU's Lesbian and Gay Rights Project, which filed
a friend of the court brief in support of the mother.  "The state
supreme court properly rejected the lower court's homophobic
conclusions.  Unfortunately, the court erred when it turned around
and limited the mother's visitation because she refused to stay in
the closet."
  The case arose after the mother, Pamela Hertzler, acquiesced her
custodial rights to her ex-husband, Dean Hertzler, when he learned
of her sexual orientation and threatened legal action.  Soon after,
Mr. Hertzler and his new wife began to limit and restrict Ms.
Hertzler visits to a minimum.   Ms. Hertzler filed a lawsuit in
state court, which she lost and appealed to the state's high court.
  Although the Wyoming Supreme Court affirmed the restrictions on
visitation, the ACLU noted that the court rejected several anti-gay
aspects of the lower court's ruling.  In addition to rejecting the
contention that lesbians and gay men are inconsistent with
families, the testimony of Mr. Hertzler's expert witness was
discarded because of his blatantly "homophobic bias."
  The court also refused to base its decision on "the harsh and
judgmental fundamentalism" of Mr. Hertzler and his wife.  Finally,
the judges rejected the unfounded allegations that Pamela Hertzler
had exposed her children to sexual behavior.
  "These aspects of the state supreme court's ruling should guide
other courts to treat lesbian and gay parents fairly in child
custody and visitation cases," said Elovitz.  Pamela Hertzler was
represented by Susan Laser-Bair from the Cheyenne, Wyo. law firm of
Holland & Hart, as well as Susan J. Becker of Cleveland, Ohio.

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Contact: Denny Lee, (212) 944-9800 ext. 424
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