When Judges Make Law the People Lose
TORONTO (Reuters) - A five-year-old Canadian boy can have two mothers and a father, an Ontario court ruled this week in a landmark case that redefines the meaning of family and examines the rights of parents in same-sex relationships.In a ruling released on Tuesday, the Ontario Court of Appeal said the female partner of the child's biological mother could be legally recognized as the boy's third parent.
Here we see judicial activism at its worst. The lawyer for the appellant says: "It's an important precedent because the legislature has not kept the legislation up to date," said Peter Jervis, one of the lawyers for the applicant, referred to only as "A.A."
"The court has basically said that it would step in to recognize this woman as the mother of her child ... and would treat her equally," said Jervis.
Oppoing this action was ....The Alliance for Marriage and Family, a coalition of several groups that promote a traditional family structure, had filed as an intervenor in the case.
"We think there are many good reasons for continuing to uphold the definition of family as two parents," said Joanne McGarry, executive director of the Catholic Civil Rights League, one of the groups represented by the alliance.
"Once you remove it from the realm of nature and the realm of traditional moral and religious teachings, who's going to decide how many parents a child can have? What's so magical about three, maybe there could be more."