In this divorce action, a child conceived from artificial insemination was born during the marriage. The court must now determine whether the spouse who did not give birth to the child (the non-biological spouse), is a parent of the child under New York’s longstanding presumption that a married couple are both parents of a child born during their marriage.Here is the relevant California Family Code:
7540. Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.The California courts have not yet ruled how this applies to same-sex marriages. In my opinion, the plain meaning and obvious intent of this law is to make the natural father to be also the legal father, and not to make some lesbian partner the legal father.
7541. (a) Notwithstanding Section 7540, if the court finds that the conclusions of all the experts, as disclosed by the evidence based on blood tests performed pursuant to Chapter 2 (commencing with Section 7550), are that the husband is not the father of the child, the question of paternity of the husband shall be resolved accordingly.
(b) The notice of motion for blood tests under this section may be filed not later than two years from the child's date of birth by the husband, or for the purposes of establishing paternity by the presumed father or the child through or by the child's guardian ad litem. ...
The term "blood tests" is an anachronism, as the DNA tests are usually done with saliva.
As the gays have infected the courts, I would not count on a common-sense ruling.
In the New York case, the judge was influenced by the "birth-mother" posting this to Facebook:
This is our year!!! Our daughter will lawfully have two mommies when she arrives and a family that’s recognized wherever we go in the U.S. I love you!So the judge accepts this FB legal analysis? I really doubt that all US states would recognize this family. The California state constitution says: "Only marriage between a man and a woman is valid or recognized in California." Many other states have similar language, and it has been upheld by every appeals court that has ruled on the matter. Maybe not for long, but currently this is not a recognized family.
Alas, no one recognizes this so-called family, not even each other:
After the birth of the child, citing marital trouble, the spouse left the household, in her words, to “not cause undue stress or potential other problems.” The child only lived in the same household with the two women for one week before they established separate households. The action for divorce was commenced by the birth-mother in December 2013, less than then three months after the birth of the child.This is crazy. There has never been, in any civilized society, a common law presumption that a lesbian is a father.
Before and after commencement, the birth-mother would not permit her spouse to visit with the child. The spouse then filed the instant request for a variety of relief, including access to the child, maintenance, and attorney fees. ...
The pervasive and powerful common law presumptions that link both spouses in a marriage to a child born of the marriage ... This court holds that the non-biological spouse is a parent of this child under the common law of New York as much as the birth-mother.
The news these days is all gay all the time. The NFL announces:
Miami Dolphins safety Don Jones took to Twitter with inappropriate comments after Michael Sam was drafted by the St. Louis Rams on Saturday. ...This sounds like Soviet-style re-education camp.
Shortly after Sam was drafted with the 249th overall pick in the seventh round and became the first openly gay player in the NFL, Jones tweeted "omg" after television cameras showed Sam kissing his boyfriend. ...
The Dolphins said Jones cannot return to the team until he "undergoes and completes educational training."
Also facing re-education is LA Clippers basketball owner Donald Sterling. He was born with the Jewish name Donald Tokowitz. He was betrayed by a paid escort who illegally recorded a private conversation and released it to the press. In the conversation, she taunts him about dating prominent black men, and provokes him into stating his disapproval. At one point he objects to her taking other dates to his basketball games, and asks why she is so eager to broadcast these liaisons. He also asks her why she is making a racial issue out of it.
The funny thing is that he never says anything derogatory about black people at all. He does have a dislike for Magic Johnson, but the reasons are not necessarily racial. The dislike appears to be largely based on Johnson being associated with the rival basketball team, Johnson's bisexuality, or Johnson taking part in a conspiracy to run Sterling out of business. Johnson was widely rumored to have gotten HIV (AIDS) from homosexual acts. He has never revealed how he was infected.
Now Sterling is banned for life from basketball, and will probably have to sell the team. His wife says he might be getting dementia, and there is no cause for her losing her community property share of the team. Johnson seemed to have dementia as well, as he said, "I'm going to pray for this young man." Sterling is 81 years old, and is not a "young man".
Apparently HIV made Johnson some sort of gay hero, and no one can criticize him. And apparently he and other black basketball players have a very strong belief that they have a right to poach the escorts of rich Jews. Not a single one says that Sterling has a right to privately express his jealousies to his honey. Jackson admitted to CNN that, on his lawyers advice, he was refusing to talk to Sterling. Reportedly, Jackson is using this story to force a sale of the team to a group of investors, with a big share going to Jackson for leading the attack/extortion.
I saw the gay actor Jim Parsons on the Late Show with Dave Letterman. He was promoting some gay AIDS movie he was in. He is best known for starring in the CBS TV sitcom The Big Bang Theory. He was also on NBC TV SNL recently complaining that people assume that he is like the roles he plays.
I guess he is trying to deny being an Asperger syndrome physicist. But he displays the same personality in every setting where I have seen him. The TBBT sitcom character does not really have AS, but is an asexual narcissist. In real life, Parsons shows every sign of also being an asexual narcissist. On the sitcom, he has no trouble understanding the needs and concerns of others. He just doesn't care about anything but himself. On the talk shows, he only tells self-centered stories about himself.
The difference between AS and narcissism is like the difference between being shy and introverted:
"Though in popular media they're often viewed as the same, we know in the scientific community that, conceptually or empirically, they're unrelated," Schmidt says.When someone fails to show the expected empathy, it could be that he does not understand the thoughts or feelings of others, or it could be that he understands but does not care. Psychopaths will often understand and then use that understanding to malevolently manipulate others.
The two get confused because they both are related to socializing -- but lack of interest in socializing is very clearly not the same as fearing it.
Update: TBBT had its season finale, and Sheldon (Parsons) is once again an extreme asexaul narcissist, and not all Asperger. Sterling refuses to pay the NBA fine, saying he has violated no rule. I complain about family courts mpunishing parents for unwritten rules, and I do not agree with the NBA doing it either. I actually saw a black man on TV, Sherrod Small, say that it is okay for a man to be a racist at home, and since that is where Sterling expressed his opinion, he has no quarrel with it. Good for him. I am glad to see that not all blacks are Jew-haters or intolerants believers in black sexual aggression.