Rep. LaVar Christensen sees a case before the Utah Supreme Court as a potential crisis for parental rights.

Christensen, R-Sandy, says a trial judge overstepped his bounds when he used a common law concept to give Keri Lynn Jones visitation rights to Cheryl Pike Barlow's daughter — against Barlow's wishes.

So, Christensen said he's working on drafting a bill that would make clear that a biological, adoptive or marital relationship must exist before a fit parent can be subject to court-ordered visitation.

The two women had planned to raise Barlow's daughter together, but their lesbian relationship broke up, and Barlow later decided she wanted nothing more to do with Jones. A judge's decision to grant Jones visitation is being appealed to the state Supreme Court.

"The mother of the child renounced that lifestyle and chose to move on with her daughter," Christensen said. "This court used (common law) doctrine and treated it as a marriage and a breakup of a marriage."

Margaret Plane, staff attorney for the American Civil Liberties Union of Utah, said "blood and marriage" aren't always deciding factors when a court looks at a child's best interest.

"The question is, is there somebody who stood in the role of a parent, acted as a parent and wants to maintain that relationship?" Plane said. "That's the analysis the trial court provided. That's appropriate."

Plane said she'd have to see Christensen's bill before she could comment on it. She did say it would be "absolutely appropriate" for a judge to say a relationship such as the one between Jones and the child would be constitutionally protected.

"Society should be glad there are so many loving people who want to continue parenting relationships," Plane said. "This is about an actual relationship with a child and somebody assuming responsibility for a child's emotional and financial needs."

The Supreme Court rejected requests by both the ACLU and the Sutherland Institute to file amicus briefs in the case. The Sutherland brief had been co-authored by Christensen, and 56 lawmakers had signed it.

The Sutherland brief cited several examples of Utah code that indicate a public policy against creating a parental relationship without blood or marriage. Among codes cited was a prohibition against adoption by cohabitating, unmarried adults. It also cited clear policy against same-sex marriage and domestic unions.

Sutherland Institute trustee Daniel Witte said courts should not award visitation on the "basis of squatters' rights."

"What you ought to do is file for adoption if you want to adopt," he said. "Don't say you're a parent, if you haven't even gone through the adoption process."

Sen. President John Valentine, R-Orem, who was among lawmakers who signed the brief, said it appears the state's adoption policy was ignored by the trial judge. He said he was unaware of Christensen's plans for a bill and declined to comment until after he saw the legislation.

He did say of the adoption law, "If it's not clear enough, maybe it needs clarification."

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E-mail: dbulkeley@desnews.com