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January 4, 2005

Pray for Parental Rights

On January 2, 2005, Utah attorney Frank Mylar filed a petition for an extraordinary writ to protect parental rights in Utah.

In Jones v. Barlow, a person not related by blood, marriage, or adoption has claimed visitation rights with a minor child. Under the Supreme Court ruling of Troxel v. Granville, Utah should not be able to grant visitation to this type of person because it would violate the fundamental rights of parents. In the Utah district court, however, political correctness outweighs Supreme Court precedent. The problem in this case is that the third party used to be the lesbian lover of the mother of the child. The court has ruled against the rights of the natural parent (and ex-lesbian) and in favor of the past partner.

Constitutional issues in this case are clear, but the district court judge expressly stated that he "did not want to hear about the Constitution," and two of three judges on the court of appeals refused to block court-ordered visitation rights. This decision means that only the Utah Supreme Court can intervene at this point.

HSLDA is increasingly concerned about the erosion of parental rights, especially when religious parents want to do something that offends modern secular sensibilities. There is a profound tension between the rights and responsibilities of parents, on the one hand, and the increasingly popular "It Takes a Village" mentality on the other. By standing together for parental rights, whenever they are threatened, we can all do our part to protect each homeschooling family.