Who is Judge Lynne McGuire? Jurist strips lesbian mother of parenting rights and hands it to sperm donor
OKLAHOMA CITY, OKLAHOMA: Oklahoma County District Judge Lynne McGuire on Monday, February 13, ruled that lesbian mother Kris Williams failed to adopt her son and had lost her parenting rights to the son's sperm donor Harlan Vaughn, who asked the court to be the legal father earlier. As per Williams, she and her ex-partner Rebekah Wilson planned to have their son and found Vaughn via a paternity website. Williams and Wilson married while Wilson was pregnant.
According to HRW, in 2019, Williams and Wilson used a sperm donor and conceived their child. However, when the couple filed for divorce two years later in 2021, Wilson petitioned the court to remove Williams from the birth certificate. In January 2022, the judge ruled in favor of Wilson, stating that, as the non-gestational mother, Williams had “failed to pursue a legal remedy to establish parental rights.” Following this, Williams’ name was removed and replaced with the sperm donor's name.
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Who is Lynne McGuire?
According to Ballotpedia, McGuire, who is an Oklahoma special district judge for Oklahoma County, was appointed to the court in December 2009. She is a graduate of the University of Oklahoma, and her Juris Doctor was from Oklahoma City University School of Law. She was also the president and CEO of Oklahoma Lawyers for Children and has been an assistant attorney general, and an assistant district attorney in two counties — Oklahoma and Canadian County.
On February 13, McGuire ruled that Oklahoma’s parentage act predated marriage equality and said it is not applicable to the former couple. She said, “[The act] does not take into account same-sex marriage, and there is no presumption that the wife of the mother is automatically presumed the parent of a child born during the marriage,” reports 19thNews. Commenting on the ruling, Williams’ attorney Robyn Hopkins said they will appeal the decision saying, “Today, I’m disappointed to be an Oklahoman. I feel like this is our community’s cry for help and we need all hands on deck. I’m comparing it to a natural disaster.” Hopkins in June 2022, stated to WFLA, “There was a contract here, and the contract was done in Texas at a conference between the sperm donor and the biological mother. On the day of the baby’s birth, Williams cut the umbilical cord. The Oklahoma birth certificate lists 'mother and mother.' It’s pretty simple; black and white. I’m not sure why we are getting caught up in the gray.”
Talking about the recent ruling, Williams said, "I don’t feel like we should have to adopt our own children. If I was a man, then nobody could come back and you know, question whether that child was mine or not, after they’re the age of two.”
What's the take of law experts?
Hanna Roberts, an attorney with the ACLU of Oklahoma, earlier told in October 2022, "The concern is if Kris loses, that's going to set some pretty bad precedent in the state of Oklahoma, and possibly beyond. I think that this is just the first time that there has been such an adverse ruling that is so contrary to equal protection. It's gotten the attention because same sex-couples get divorced all the time," states Newsweek.
And now legal experts have alerted that this case could have consequences for marriage equality nationwide. As per 19thNews, the 2015 Supreme Court case Pavan v Smith found that it was unconstitutional to treat same-sex couples differently than heterosexual couples when it came to presuming parentage. If married heterosexual couples were presumed to be parents of children born during their marriage, the same must be true for LGBTQ+ couples. Glad states, "the US Supreme Court on June 26, 2017, reversed the Arkansas State Supreme Court decision that had barred same-sex married couples from having both spouses’ names listed on their children’s birth certificates. In reversing the Arkansas ruling, the Court reaffirmed Obergefell’s unambiguous requirement that states treat all married couples equally, including granting equal access to all the rights, benefits and responsibilities of marriage."
