January 26, 2002

Georgia Rules Against Gay Unions

ATLANTA (AP) — A Georgia appeals court has ruled that Vermont's civil unions law does not create a partnership equal to marriage, the first test of the landmark law that gives some marriage rights to same-sex couples.

The Georgia Court of Appeals ruled Wednesday that Susan Freer and her lesbian partner could not seek child-visitation rights because they are not married. The couple established a civil union in Vermont in 2000.

Freer has three sons from a marriage that ended in 1995. A visitation agreement with her ex-husband, Darian Burns, forbids the children to stay overnight with a parent who is living with someone to whom they are not married or related.

A judge severed her visitation rights in January 2001.

Mathew Staver, attorney for Burns, said Friday his client was elated by the ruling.

"He doesn't believe that lesbianism or homosexuality is appropriate to be displayed in an overnight setting in front of his children," Staver said.

Freer had argued that the women consider themselves married and should be protected by Georgia's right-to-privacy law. Her attorney could not be reached Friday.

The case could still be appealed to the state Supreme Court.