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Show Wed/Thurs/Fri, August 31-September 2, 2005 The Park Record A-10 Supreme Court looks at parental rights RIGHT ANGLE PICTURE F R A M I N S PHOTOS • PRINTS • FINE ART Quality art and top quality service to meet all your framing needs SALT LAKE CITY (AP) The case of a lesbian who wants to be a parent to a child born to a former girlfriend will be heard by the Utah Supreme Court. The issue before the high court on Tuesday will be whether the woman is legally entitled to a continuing parental relationship with the child when the biological parent objects. Keri Lynn Jones and Cheryl Pike Barlow met in 2000 and were together about three years. "Probably after we were dating six months maybe, we decided we wanted to have a baby in the next year so we spent a lot of time talking to our attorney." Jones contends. Jones contends they intended lo rear the girl - now 4 years old - together and took several steps to establish legal relationship for her and the baby. Barlow disputes that she ever intended for Jones to have a legal relationship to the child. At the beginning both women shared in the joy of the birth. But then, Barlow said, she discovered Jones was having an affair with another woman. "I did enter into this relationship thinking she and I could have a life together," Barlow said. "I was dead Park City's most unique collection ofpre-made frames! RIGHT ANGLE PICTURE FRAMING • 1240 IRONHORSE DR. 649-3640 Right next door to Windy Ridgo Caf6 wrong." After the breakup, Barlow, a former gay activist, said that she "left the gay lifestyle" and converted to an evangelical Christian faith. Barlow said Jones has no legal ties to her daughter and, as the mother. Barlow believes she should decide if Jones can see the girl. "I never elected a legal relationship with her," Barlow said. "Nor did I put myself in the position that she would have legal rights to my child." Utah law prevented Jones from adopting the girl. The issue before the state Supreme Court could test earlier common law court rulings in Utah that have allowed visitation by divorced stepparents. But the U.S. Supreme Court has handed down rulings that establish a biological parent's right to make the decision. Last December, 3rd District Judge Timothy Hanson ruled that although Jones had no legalrightby adoption or marriage, there was a parental relationship between the girl and Jones. He ordered visitation for Jones as being in the best interest of the child. "This case is not about gay marriage. This case is not about gay adoption. What this case is about is whether or not a child is better off in this rather uncertain world with as many people as possible taking an interest in the child, both financially and emotionally," Hanson wrote in his decision. The judge also noted that the couple traveled to Vermont to register as domestic partners. Barlow's lawyer, Frank Mylar, said the case is a parental rights issue. "You have somebody who is a fit natural parent and somebody who claims that they should have rights to a child, even though they do not have any legal relation to the child either by blood or marriage," Mylar said. Jones' lawyer, Lauren Barros, said the core issue is the best interest of the child. If local legal doctrine is overturned by the Utah Supreme Court, the decision could affect any unmarried person raising and caring for a non-biological child without the benefit of adoption. "I think that the precedent around the country also supports the rights of people who have a special parent relationship with a child," Barros said. Both sides have the assistance of advocacy organizations. Barlow's position is being supported by the Alliance Defense Fund, an Arizonabased conservative Christian organ- ization. Jones is being supported by the National Center for Lesbian Rights in California. Members of the Utah Legislature and the American Civil Liberties Union are paying attention to the case. There are indications that state lawmakers might introduce legislation dealing with "in loco parentis," which is Latin for "instead of a parent." The possibility of winning before the Utah Supreme Court only to have the Legislature step in alarms Jones. She said there were family members, doctors, lawyers and many others involved in the birth and raising of the girl. "To all of a sudden to think that you're just going to be written off as a roommate and that I'm just some stranger trying to take away her child," Jones said. Barlow said she doesn't want anything to do with Jones. Barlow said the dispute has been hard on her daughter. Barlow and the girl have moved to Texas. "I feel as if my rights have been stripped away," Barlow said. "After a fleeting three-year relationship, I feel I'm now being prevented from taking care of her; I have to sit back and watch her suffer." Feds respond to Hurricane Katrina WASHINGTON (AP) Baby formula from the Agriculture Department. communications equipment and medical teams from the Defense Department and generators, water and ice from the Federal Emergency Management Agency are among the assistance ready for the victims of Hurricane Katrina. As the Category 4 the storm surged ashore just east of New Orleans on Monday, FEMA had medical teams, rescue squads and groups prepared to supply food and water poised in a semicircle around the city, said agency Director Michael Brown. Brown, in a telephone interview with The Associated Press, said the evacuation of the city and the general emergency response were working as planned in an exercise a year ago. "I was impressed with the evacuation, once it was ordered it was very smooth," he said. And with the storm moving north. Brown said he expects to see flooding in Tennessee and the Ohio Valley. While federal, state and local LABOR DAY SKI agencies were poised to help, recov- Baton Rouge, just upriver from New ery could be a slow process. Orleans, Brown said that his agency The American Red Cross said it had "planned for this kind of disaster had about 200,000 volunteers mobi- for many years because we've always lized for the hurricane, the "largest known about New Orleans* situasingle mobilization that we've done tion." Much of the city is below sea for any single natural disaster," said level, making it extremely vulneraspokesman Bradley Hague. The ble to storm flooding. organization set up operational The potential damage of such a headquarters in Baton Rouge. storm striking New Orleans has long With its partners - local church- been a worry of federal agencies es and community organizations - including the National Weather FEMA and the the Red Cross said it expected to Service, serve about 500,000 meals a day to Environmental Protection Agency, among others. those displaced by the hurricane. Former Army Corps of In other storm-related moves: Engineers commander Robert B. •The EPA dispatched emerFlowers said a major hurricane strik- gency crews to Louisiana and ing near New Orleans is a worst case Texas, because of concern about oil scenario. and chemical spills. The agency has "I couldn't even begin to estimate set up facilities for checking on the the billions of dollars in damage that damage, but won't be able to quickare going to result. You could have ly assess the region's needs until it water several feet deep in the city for can safely send more people into days before the pumps can discharge the field.' it." said Flowers, now C E O of •The Coast Guard closed ports HNTB Federal Services in and waterways along the Gulf Arlington, Va. Coast and evacuated its own perSpeaking earlier Monday from sonnel and equipment. DOUBLE Sep 2nd t o S e p 1 1 t h *?&&£. More than 40 Coast Guard aircraft from units along the entire Eastern Seaboard, along with more than 30 small boats, patrol boats and cutters, were positioned around the area to be ready to conduct post-hurricane search and rescue operations and to do waterway damage checks and begin any needed repairs. •The Agriculture Department said it will provide meals and other commodities, such as infant formula, distilled water for babies and emergency food stamps, through its Food and Nutrition Service. •The Federal Aviation Administration said airports were closed in New Orleans and Baton Rouge, La.; Biloxi, Miss.; Mobile, Ala.; Pensacola, Fla. and at Eglin Air Force Base in Florida. Airlines have moved their equipment away from the stricken areas and canceled all flights, FAA spokeswoman Laura Brown said. Many air traffic control facilities in Louisiana, Mississippi and Alabama are closed. ENERGY D O U B L E RESULTS! 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