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Custody battle pits conservative community's values against father's gay relationship
Associated Press - live feed | October 2, 2002 | REBECCA BOONE

Posted on 10/02/2002 6:11:26 AM PDT by NYer

IDAHO FALLS, Idaho (AP) _ Theron McGriff's two young daughters sometimes draw pictures of their family: mom, dad _ and dad's partner. But the family picture has become clouded by a custody battle that has reached the Idaho Supreme Court from this heavily Mormon community. The case has gained national attention and will likely set the precedent for homosexual custody cases in Idaho.

The case centers around Theron McGriff's desire to live with the man he loves. His ex-wife, Shawn, believes their children shouldn't be allowed to visit their father if he lives with his gay lover, fearing backlash in the conservative town. ``I can't fault Shawn. I'm sure she's trying to do in her mind what's best for the kids,'' Theron McGriff said. ``But so am I. He enables me to be a better parent. His parents are my kids' grandparents. This is our family, and I can't imagine not fighting this ruling.''

The McGriffs, both Baptists, divorced five years ago and shared custody of their daughters equally, even though Shawn quickly came to believe that her ex-husband was homosexual. Living in the same eastern Idaho community, the girls, now 8 and 11, would spendTheron, 38. Shawn McGriff took no issue with her ex-husband's sexuality for three years _ until Theron McGriff and his partner began living together. The two men bought a home together this spring. Shawn McGriff then appealed to Bonneville County Magistrate Mark Riddoch for primary custody. Riddoch restricted Theron's visitations even more than his ex-wife requested, saying Theron could visit the children only if he did not live with his partner. He said the father ``has minimized this issue in regard to the conservative culture and mores in which the children live.''

Theron McGriff is asking the Supreme Court to overturn Riddoch's decision. After the ruling, Theron's 35-year-old partner moved into a travel trailer parked in the driveway so Theron could visit the girls. Now he is living with his parents.

Shawn McGriff has declined to discuss her case. Theron McGriff agreed to talk only if the names of his daughters and partner are not used. The case should be heard by the high court next year. ``The vast majority of states have made it clear that you can't make custody decisions based on sexual orientation,'' said Shannon Minter, Theron's attorney and legal director of the National Center for Lesbian Rights in San Francisco. ``Fortunately, this type of case is rare.''

In an August study, the Human Rights Campaign, a gay rights advocacy group, found 21 states and the District of Columbia have records of not discriminating in custody cases on the basis of sexual orientation. Nine states clearly discriminate, Deputy Director Lisa Bennett said, and the other 20, including Idaho, have mixed or unclear records. Countering his ex-wife's claims of insensitivity to the community values their daughters must live with, Theron McGriff described himself as a ``soccer dad'' whose sexual preference was known by only a few until the custody battle erupted. ``I'm a reluctant activist,'' he said. ``I didn't step out of the closet, I got pushed out.'' But he said he has received nothing but support. ``No matter if they're LDS (Mormon), Baptist or Catholic, I've had people say to me that I'm a good dad and this custody situation is wrong,'' McGriff said. ``They also say they may not support my choice _ and they always refer to my homosexuality as a choice _ but they say that shouldn't mean I don't get to raise my kids,'' he said.

But in her legal arguments, Shawn McGriff contends her ex-husband ``failed to deal with his homosexuality in a responsible and emotionally stable manner.'' She wanted him to get professional help to deal with his homosexuality and determine how to explain it to his daughters.

Now that his homosexuality is known, Theron McGriff for the first time has on his desk at work a picture of himself, his partner and his daughters. Still, the feeling is strange. ``As a gay person, the world thinks you should announce it,'' he said. ``I'm not in this to be a spokesperson or a poster child. But once you're a parent, that's your whole world.''

On the Net:

http://www.idahodad.org

AP-ES-10-02-02 0515EDT


TOPICS: Activism/Chapters; Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Philosophy; US: Idaho
KEYWORDS: baptist; custodybattle; gay; homosexual; supremecourt
Theron McGriff for the first time has on his desk at work a picture of himself, his partner and his daughters.

Tacky!

1 posted on 10/02/2002 6:11:26 AM PDT by NYer
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To: NYer
WANT TO TAKE BACK THE SENATE??

WANT TO SHOCK HILLARY?

THEN DO YOUR PART TODAY! GO TO:

TakeBackCongress.org

2 posted on 10/02/2002 6:13:56 AM PDT by ffrancone
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To: NYer
Can you imagine this case is the two kids in question were boys?
3 posted on 10/02/2002 6:20:37 AM PDT by Seeking the truth
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To: NYer
The state has no business regulating when a dad can see his kids even if the dad is gay. Yeah, dad living with a gay guy isn't exactly the family model most of us would prefer to see. But I don't like the idea of the state basing visitation on something like that. Too Orwellian for me, thanks.
4 posted on 10/02/2002 6:24:19 AM PDT by XJarhead
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To: Seeking the truth
<< Can you imagine this case is the two kids in question were boys? >>

Surely that a "parent" would choose to shove his perversity and depavity down the throat of an innocent child of either sex is enough?

For a lengthy prison term!

Enough already of this bloody perversity dressed as "diversity."

Enough already!

[FRom Rosie the Riveter to Rosie O'Donnell in one foul swoop!]
5 posted on 10/02/2002 11:19:16 AM PDT by Brian Allen
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To: RogerFGay
So Roger, when did you move back to Idaho?
6 posted on 10/02/2002 11:23:13 AM PDT by Chancellor Palpatine
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To: XJarhead
Any exposure of children to homosexual behavior is child abuse

The mom should get the kids and the dad should be shut out of their lives until he gets cured of his chosen mental disease

God Save America (Please)

7 posted on 10/02/2002 11:45:13 AM PDT by John O
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To: NYer
The case centers around Theron McGriff's desire to live with the man he loves

Such editorializing! How does the reporter know what the man feels? It should be:

The case centers around Theron McGriff's desire to live with the man he says he "loves"

...or...

The case centers around Theron McGriff's desire to live with the man he sodomizes

Dan

8 posted on 10/02/2002 11:47:29 AM PDT by BibChr
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To: NYer
It says this lady quickly found out the guy was gay(I'm assuming quickly meant soon after marrying and having the children). CAn't somebody set a precedent in this litigious society for GOOD! Sue the hell out of him for fraud? I'm sure someone will probably flame me for saying that, but what is to stop homos if the legal precedent goes agains them in adoption and such from defrauding a woman into marriage and pregnancy so that he can have custody rights that will be hard to interfere with since the children are biologically his. Wonder where NOW falls on this one--sticky one for them YET AGAIN.
9 posted on 10/02/2002 11:56:49 AM PDT by glory
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To: glory
Let me alter that a bit. After reading more, I do feel mom has every right to force this issue even more. It appears as if she was allright with the visitation as long as dad kept his homosexuality discreet. I'm sorry, but buying a house with your lover and taking pictures as a "family" is not discreet. My guess is that since he was willing to go with the wishes for this long of the mother, that something else now is motivating--my gosh, even his lover was willing to live in a trailer when the girls visited, so who is pulling dad's strings? Some activist type got in this guys head and convinced him to fight the mother's requests in the interest of setting a precedent, hopefully in their mind, for the gays. I'm convinced of that after reading into it further.
10 posted on 10/02/2002 12:03:05 PM PDT by glory
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To: NYer
Do you have a URL for this story?
11 posted on 10/02/2002 1:01:36 PM PDT by ladysusan
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To: NYer
In an August study, the Human Rights Campaign, a gay rights advocacy group, found 21 states and the District of Columbia have records of not discriminating in custody cases on the basis of sexual orientation. Nine states clearly discriminate ...

Anyone know what the nine are? I'm planning some vacations for next year and I'd like to visit good places. ;)

12 posted on 10/02/2002 1:16:09 PM PDT by FormerLib
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To: ladysusan
Do you have a URL for this story?

Sorry, we have a direct feed from the AP Wire Service at work. The article does reference the following web site. That URL will take you to his personal story where he is trying to drum up support, via the internet.

http://www.idahodad.org

13 posted on 10/02/2002 7:04:47 PM PDT by NYer
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To: NYer
Thanks.
14 posted on 10/02/2002 8:24:43 PM PDT by ladysusan
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Comment #15 Removed by Moderator

Comment #16 Removed by Moderator

To: Warnock
There is no disconnect, nor necessary editorializing, in the long-standard terms "wife" nor "Christian beliefs."

Characterizing a loathesome, destructive, almost (and correctly) universally-condemned perverse sexual practice as "love" is problematic. I'd say the editorializing intent was fairly clear. There were wasy to be more colorlessly factual, as I illustrated. If you do not understand the wasting immorality of the practice, then why would you object to accurate descriptions?

Perhaps you should reserve posting for when you have time to think first.

Dan

17 posted on 10/03/2002 12:23:44 PM PDT by BibChr
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