From Deseret News archives:

2 mom's battle has legal issues

But women concerned more with child than gay rights

Published: Monday, Aug. 29, 2005 2:31 a.m. MDT
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Both sides have garnered the help of activist organizations, who have provided legal services. Barlow's claim is being supported by the Alliance Defense Fund, an Arizona-based conservative Christian organization.

Jones is being supported by the National Center for Lesbian Rights in California.

The potential for this to become a heated political issue is there.

Already members of the Utah Legislature and the American Civil Liberties Union have taken notice. Both sides had inquired about submitting briefs to the Utah Supreme Court but were rejected by the court in an apparent attempt to keep the legal issue narrowed to a parental role relationship.

There already are indications that state lawmakers may bring forward legislation dealing with "in loco parentis" which is Latin for "instead of a parent."

The prospect of winning before the Utah Supreme Court only to have the Legislature step in scares Jones. She said there were family members, doctors, lawyers and many others involved in the birth and raising of the girl.

"To all of a sudden to think that you're just going to be written off as a roommate and that I'm just some stranger trying to take away her child. . . . I mean my mom was there at her birth," Jones said.

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But Jones admits that Barlow is a great mom who does care for her daughter. "She's actually a really great mom. I hate saying that, but she really is. She loves that little girl more than anything," Jones said.

Barlow said lifestyles aside, she just doesn't want to have anything to do with Jones specifically.

"I've missed men in my life," Barlow said. "I looked at the history of my life and thought, 'That is not going to be my life' and I wanted more for my daughter."

Already the legal fight and court-ordered visitation have taken their toll on her daughter, Barlow said. The two have moved to Texas. Since then, she said, her daughter has began exhibiting aggression, confusion and other behavioral problems.

Barlow said she has no problem with gay couples and still stays in touch with other lesbian friends. She even supports the laws being changed to allow gay couples to adopt. But as a mother, she says, she has a right to do what she thinks is best for her child.

"I feel as if my rights have been stripped away," Barlow said. "After a fleeting three-year relationship, I feel I'm now being prevented from taking care of her; I have to sit back and watch her suffer."


E-mail: gfattah@desnews.com

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