Idaho, gay dad denied visitation rights

A sad story, but it is Idaho, a very conservative state where sexual orientation is concerned. By all accounts, this man is a good father to his children and has been part of their lives. Now, in this ruling from the Idaho Supreme Court, Mr. McGriff will be denied visitation to his children as long as he is with his partner. So unfair.

09/23/2004 - Gay Father Reacts To Custody Decision

(Boise, Idaho) The Idaho Supreme Court today upheld a lower court ruling that said Theron McGriff could not have visitation rights with his children while he lived with a male partner.

Theron McGriff and his wife, Shawn McGriff, divorced six years ago when he came out. Under the divorce agreement Theron McGriff got custody of the two children.

But, when he met another man, fell in love and the two bought a home together, Shawn McGriff went back to court claiming a gay relationship wasn't in the best interest of their two daughters.
Bonneville County Magistrate L. Mark Riddoch removed the girls from Theron McGriff's custody and gave them to his ex-wife. Riddoch further ordered that the children not visit Theron McGriff as long as he lived with his partner. (story)

McGriff appealed to the state Supreme Court.

In its ruling today the court said that sexual orientation cannot be the basis for awarding or removing custody, unless the parent's sexual orientation is shown to cause harm to the child.

But, it upheld the lower court prohibition on McGriff's visitation rights saying that his "living arrangements", and the children's exposure to it, had been shown to be detrimental and posed a valid danger of alienating the children's affection toward their mother.

The court also agreed with the lower court that the children's mother was best suited for custody of the children.

"The Idaho Supreme Court has articulated a wonderful principle which, going forward, will protect gay and lesbian parents," said Shannon Minter, an attorney with the National Center for Lesbian Rights, who represented Theron McGriff. "But they turned a blind eye to the record in this case."

Minter said McGriff is devastated by the ruling. (source)