Is a Christian Parent Unfit to Raise a Child Whose Other Parent Identifies as a Homosexual?

From Is a Christian Parent Unfit to Raise a Child Whose Other Parent Identifies as a Homosexual?, by Chris Stovall, published Mar 14, 2007, by Constitutionally Correct:

This week there is news that former New Jersey Gov. James McGreevey, who resigned from office after publicly announcing he is a “Gay American” who had an extra-marital affair with a male staffer, has amended his divorce lawsuit to seek custody of his 5-year-old daughter. The article gives us an important clue as to what may have prompted McGreevey to seek custody: “[McGreevey’s estranged wife Dina] Matos said last month that the two ‘continue to have profound differences about what our daughter should be exposed to, and until they are resolved, there will be no agreement.'”

Of course, we don’t know the specifics in the McGreevey case. But, this fits the pattern of a growing wave of attacks on parents with Biblical, traditional beliefs on sex and marriage. The Alliance Defense Fund receives a growing number of requests for assistance in this area (see, e.g., this ADF press release). One parent decides to identify as a homosexual, breaks up the marriage, and eventually moves in with a same-sex partner. Eventually, the parent who identifies as homosexual sues for custody, claiming it is not in the child’s best interest to remain in the custody of the non-homosexual parent, because that parent (often a Christian) cannot in good conscience condone or remain silent about the departed parent’s homosexual behavior. Typically, it is alleged that any discussion with the child of the Biblical teaching that homosexual behavior is sinful, or perhaps that God’s design for the family is for a man and a woman to unite to raise their children, violates a nondisparagement clause in the divorce decree meant to prevent one parent from turning the child against the other parent in the wake of a bitter divorce. Since it is not uncommon for these nondisparagement clauses to place a duty on the parents to ensure that third parties do not disparage the other parent in the presence of the child, taking the child to a conservative church that preaches the Biblical message on homosexual behavior can become grounds for losing custody.

Christian family law attorneys must start being vigilant about this issue in divorce litigation and settlement negotiations. Given that the historic Supreme Court cases which recognized the fundamental due process right of parents to raise their children have often involved issues of moral and religious instruction, this custody dispute scenario is yet another area in which it remains to be seen exactly what impact the ascendancy of the homosexual agenda in our modern era will have on the constitutional rights of parents who will not bow the knee.