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Court overturns gay friends ban in Fayette divorce caseTue, 06/16/2009 - 4:23pm
By: John Munford
The Georgia Supreme Court has overturned a Fayette judge’s divorce ruling that a gay father be forbidden from having visitation with his children in the company of gay or lesbian friends. But the court also ruled that Fayette Superior Court Judge Christopher C. Edwards was correct in banning any visitation involving the father’s mother and her husband based on evidence presented at trial. The Supreme Court’s unanimous ruling in the case of Eric Duane Mongerson and Sandy Kay Ehlers Mongerson was published Monday. The court’s opinion cites a lack of evidence on record that the couple’s minor children had been exposed to any “inappropriate conduct” by any gay or lesbian individual. Likewise there was no evidence that “they would be adversely affected by exposure to any member of that community,” the opinion said. That portion of Edwards’ ruling “assumes, without evidentiary support, that the children will suffer harm from any such contact,” the opinion said. “Such an arbitrary classification based on sexual orientation flies in the face of our public policy that encourages divorced parents to participate in the raising of their children, and constitutes an abuse of discretion.” At trial, one of the Mongerson’s girls spoke of how she found a magazine with naked men in it while visiting at her father’s residence. That evidence was cited by Sandy Mongerson’s attorney as grounds to ban Eric Mongerson from bringing his gay and lesbian friends around the children. In his order from Oct. 1, 2007, Edwards ruled that neither of the parents could have “overnight company with a member of the opposite sex, or with any person deemed to be a paramour, unrelated by blood or marriage, in the presence of a child.” One sentence later Edwards wrote: “Additionally, defendant is prohibited from exposing the children to his homosexual partners and friends.” The divorce case, which was adjudicated via a bench trial instead of a jury trial, featured accusations by two of the couple’s oldest children about violent outbursts made by Mongerson during a vacation in which he took all four children to see his parents in Arkansas. In the same affidavits, the children said they were afraid of how their younger sister and brother would be treated by their father and they went on the trip to protect their younger siblings. According to the final order in the case, Mongerson was allowed visitation with the two youngest children once a week for four hours on his day off from work in addition to two separate one-week visitation periods during summer vacation and the day before or after each child’s birthday. The two older children are not covered by the court’s visitation rules because of their age. Georgia law allows them to decide whether or not to visit their father. login to post comments |