East Baton Rouge Parish judge Erika Green ruled that a woman in a same-sex marriage could be eligible for joint custody of a child in the event of a divorce. This decision could upend Louisiana’s parentage laws for people in same-sex marriages.
Peyton Myers gave birth to a girl, now 3 years old, during her marriage to Mary Margaret Myers. When the couple’s divorce was finalized in July, Peyton Myers petitioned the court for sole custody of the child.
When Mary Myers contested her petition, Peyton Myers requested that the court outright dismiss her ex-wife’s claim of the child.
However, District Judge Erika Green ruled in favor of Mary Myers after considering the arguments of the attorneys, according to transcripts from last month’s hearings. Judge Green made note that Mary Myers did sign the child’s birth certificate, then cited Obergefell vs Hodges, the U.S. Supreme Court’s 2015 landmark ruling that made same-sex marriage legal in all 50 states.
Because of Judge Green’s order, the case can now proceed to trial, allowing the judge to make a final decision on how to grant custody.
In 2017 Mary and Peyton Myers were married and three years later, Peyton gave birth to a daughter. According to court filings, Mary Myers did sign the birth certificate but did not formally adopt the child, or take steps to establish her parentage.
While filing for divorce and sole custody in March, Peyton Myers requested that the judge remove her then-wife’s name from the birth certificate. As the child’s biological mother, Peyton argued that Mary Myers had no custodial rights according to state law.
But when Mary Myers asked a judge to award her joint custody, she stated that the birth of the child happening during their marriage created a legal presumption that she is also a parent. Denying her custodial rights would violate the constitutional guarantee established in the Obergefell ruling, according to her court filings.
Jennifer Racca, one of the attorneys representing Mary Myers, argued the fact that Louisiana recognizes the paternity of a non-biological father if his wife bears a child during their marriage. She stated to the judge during last month’s hearings that the same presumption of parentage should apply to women in same-sex marriages.
Attorney Racca stated, “Peyton is attempting to deny the legal presumption of a child, born of a valid marriage, due to the female gender. However, it’s been well established that same-sex marriage is recognized in the state of Louisiana.”
Peyton Myers’ attorney Charles Blaize of the Louisiana Family Law Firm, acknowledged the notion of presumed paternity for men. He argued that according to Louisiana law, a woman’s parental rights are constrained to her biological connection to the child – not her marital relationship with the biological mother – in same-sex custody battles.
Blaize sought to convince Judge Green that, unless the court redefines the terms of parentage, Mary Myers’ arguments for joint custody were predicated on “legal fiction and fallacy.”
“Nowhere is there a presumption in favor of a mother that she is a father,” he stated. “Simply put, she is not a he.”
Attorney Racca argued to the court that it is unconstitutional for the law to treat men and women differently.
She later added, “If we’re going to focus on semantics, your honor, and say that Mary has to be a marital father, is it in my client’s best interest to state her position that she identifies as a male? And will she be excluded from this court and this argument, then as a father, if that’s how she changes her identity and pronouns moving forward?”
The Louisiana Legislature declined to amend custody laws to make them gender-neutral. Louisiana lawmakers have also refused to grant custodial rights to women with no biological ties to children within a same-sex marriage.
LGBTQ activists contest that the constitutional rights established by the Supreme Court overrule the state’s decisions. Legal observers following this battle say Myers’ case has the potential to set a new legal precedent across Louisiana.
Blaize warned that legally changing the terms “husband” and “wife” or “father” and “mother” to more gender-inclusive language like “spouse” or “parent” in the lawbooks could lead to “absurd consequences” in custody battles across the state.
Blaize stated, “To rule that Mary Margaret is a legal parent, instead of a parent or nonparent will lead to chaos in all of the Louisiana family court custody cases.”
Click HERE to read The Advocate’s related story
For additional questions or concerns, contact us. We are here to help. Louisiana Family Law Firm.
