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Pro-Family Firm Sues After Court Tells Christian Mom: 'No Homophobic Teaching'

by Allie Martin
November 4, 2003

(AgapePress) - A Colorado mother has been ordered by a trial court not to expose her child to "homophobic" religious upbringing or training, but her attorneys are saying the court has gone too far.

Recently the mother was granted a legal separation, and she and her former partner -- a practicing homosexual -- were awarded joint parenting responsibilities for their daughter. What makes the case unique is the fact that the court gave the mother orders regarding the upbringing of the child, warning her not to expose her daughter to any "homophobic" teachings.

In its ruling, the court said the mother -- who is a Christian -- must ensure that there is nothing in the religious upbringing or teaching that the minor child is exposed to that would discriminate against homosexuals.

Mat Staver, president of the Liberty Counsel, has filed a lawsuit with the Colorado Court of Appeals on the Christian mother's behalf. He says in all his years of practice, he has never encountered a case like this one.


Mat Staver
 
The attorney notes that in this particular situation, the ex-partner is living a homosexual lifestyle, has no parental rights over this child, has no adoptive rights over this child, and yet, he says, "the judge allowed for this homosexual to have visitation, and also has instructed the actual mother -- our client -- not to tell her own daughter ... anything religious pertaining to homosexuality."

Staver says his team is arguing that the warning to the mother "has clearly gone beyond the permissible boundaries of courts -- that this ruling interferes with her constitutionally guaranteed right to free exercise of religion and her rights as a parent to be able to direct the upbringing and teaching of her own child."

Liberty Counsel's lead litigator believes a favorable review of the ruling will eventually be forthcoming. But in the meantime, he feels the case should make Christians think.

"We anticipate that the court will ultimately make a ruling sometime in the year 2004," Staver says, "but it really goes to show how far the judicial system has gone in the area of the homosexual movement and what is really at stake."

The pro-family attorney says the Colorado court that handed down the ruling has effectively given the Christian mother two choices -- either to abandon her religious beliefs, or abandon her child.

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