Date: Sat, 16 Mar 1996 05:11:37 GMT From: ILGA-Portugal Subject: Action Required for Portugal ILGA-PORTUGAL Apartado 21281 1131 Lisboa Codex Portugal E-Mail: ilga@mail.telepac.pt URL: http://www5.servtech.com/ilga March 15th 1996 A few weeks ago, in our Portuguese LesBiGay News Update, we accounted for a case in which a gay father was prived of his daughters legal custody. Due to the big coverage the press gave this issue (sevral front pages on newspapers and TV programmes), we were finally able to contact the person in question, and hear the whole story. Our main objective with this meeting, is persue our aim in assisting gays and lesbians clearly desciminated on the grounds of their sexual orientation. To give people a better understanding of this case I find it essencial to report some previous facts. However, to guarantee privacy and confidentiality I shall name the gay man David, his Ex-wife Carla and their minor daughter Maria. 1) In 1990 David separated from his wife Carla and went to live with his significant other. 2) At the time both parents agreed that Maria would stay with her mother Carla. 3) After numerous months of being consecutively denied access to time with his daughter and having noticed that Maria no longer lived with her mother Carla, rather with her grandmother, David contacted his lawyer in order to obtain legal custody of his 6 year old daughter. 4) Having gone through a tough and time-consuming legal battle, on August 14th 1994, Justice Jose Joaquim Piedade of the third section of the Lisbon Family Court awarded David legal custody of Maria. This was a double victory, since it was the first time in portuguese History that a court awarded legal custody of a minor to an openly gay parent and it was one of the extremely rare cases where the court acknowledged that the father (wheather or not gay) offered better conditions for the upbringing of the child and therefore took the child from the mothers custody. In the final statement, Justice Piedade added: (and I quote IPSIS VERBIS) "In order to apply credibility to her (Carla) attitude, the fathers significant other is accused of a perverse personality, hence, consituting a large danger to the minor. The objective is to oblige on this court, the dilema to chose between a mother with an intimate heterosexual nature and a father, that at this time, has an intimate homosexual nature. As refered before, more than once, this question may never be put in this perspective. >From a scientific point of view, homosexuality has, for some time now, been considered as NOT being an illness, but rather faced as a mere orientation of a given person who is sexuality interactive. Hence, people who have homosexual preferences are not diverted or perverse, and should too be worthy of the respect from the heterosexual majority." After reading this statement, it is not too dificult to conclude that besides the individuals involved in this case, Homosexuailty its self was at stake here. This sentence, was without doubt a giant step towards homosexual equality in Portugal. 5) Carla, after having knowledge of this sentence, appealed to the Relation Court. Furthermore, after some time, kidnapped the young Maria and has never been located since. Since Carla is in fact Maria's biological mother, the current law considers this a mere subtraction of the minor and is not considered a crime punishable by law. 6) Nonetheless, on January 9th 1996, Justice Joao Alfredo Diniz Nunes of the first section of the Relation Court in Lisbon reawarded Carla the custody of the minor Maria. Using as grounds for his decision: (and I quote IPSIS VERBIS) "Moreover(...)we believe the minor should be awarded to the mother. If the minor's father wishes to assume his homosexuality, if he wishes to live in comunion of table, bed and house with another male, then it is a reality we have to accept, (...) but we do not defend that it is an envioroment of this nature the most adequate for the normal moral, social and mental development of the child, taking in to consideration the dominante model of our society(...). In any case we are before an abnormal situation, and the child should not be allowed to grow up under abnormal situations; it is nature it self that says so (...)" Justice Nunes follows later into the terms by which the father may have access to his daughter... "The father must understand that during such periods (visiting rights) it is not desirable to have situations where the minor may understand that the two men are living together as spouses." 7) As one may understand this decision was a major set back. As one journalist said, this has put portuguese law in the 19th century again. The battle goes on. David is going to appeal to the European Court. He does not know the whereabouts of his daughter and has not seen her in 14 months. With such a trauma and undesirable public exposure, he seems to me to be someone of incredible strength. His significant other has supported him steadfastly the whole way. ILGA-PORTUGAL would like to help them and we are joing efforts to deliver a petition to Parliment with four thousand signitures. This will assure that the issue is addressed by the chamber. However, we think that the impact would, without doubt, be a large deal greater, if our brothers and sisters accross the world sent their respectful words of concern to a few national figures. If you think you are able to do so, please mention gay and lesbian rights in general. Then, if you like, refere to this case as an exmaple. Here is who you should contact: (if possible send us a copy either by e-mail or snail-mail) His Excelency The President of Portugal Dr.Jorge Sampaio Palacio de Belem Praca Afonso de Alduquerque P-1300 LISBOA PORTUGAL Tel. + 351 1 363 7141 Fax + 351 1 363 6603 His Excelency The Minister of Justice Dr.Jose Eduardo Vera Cruz Jardim Ministerio da Justica Praca do Comercio P-1100 LISBOA PORTUGAL Tel. + 351 1 347 4780 Fax + 351 1 346 7692 His Excelency The Republic's General Attourney Dr. Cunha Rodrigues Palacio Palmela Rua da Escola Politecnica 140 P-1250 LISBOA PORTUGAL Tel. + 351 1 395 5296 ou + 351 1 395 3144 Fax + 351 1 397 5255