A district judge on Monday ruled in favor of a Turah, Montana woman who sought parental rights to children adopted by her former same-sex partner.
Michelle Kulstad sought joint custody of two children - an 8-year-old boy and a 5-year-old girl - adopted by Barbara Maniaci.
"To discriminate further against Ms. Kulstad because of her sexual preference in this day and age is no different than telling a person to go to the back of the bus because of her skin color," Judge Ed McLean wrote.
Attorneys for both sides have said the same-sex parental rights trial was a first in Montana.
McLean said Kulstad was a legal parent, even though Maniaci adopted the two children - the boy in 2004 and the girl in 2006. The judge also ruled that Kulstad must receive joint decision-making authority in the children's lives, including their "education, activities, health care and spiritual upbringing."
Thanks to Ruthann Robson who writes for the family Law Prof Blog for the heads up on this case.
Link to the story Decision issued in same-sex parent case [Washington Blade]