Durham asked why Barlow shouldn't be held responsible for allowing Jones into her life as a "co-parent." Mylar minimized Jones' importance in the child's life, saying Jones has overblown her role. But, Durham said, given scientific studies that show that newborns bond to their caretakers, how can Mylar claim there was no such bond between the child and Jones?

Pointing to recent court decisions in Pennsylvania, New Jersey and Rhode Island that support the co-parental rights of same-sex couples, Durham said some 12 other states have set a precedent as such.

Mylar countered that those states made their decisions given "their own traditions and ways," citing recent decisions in Texas and Florida to the contrary.

Nehring reminded Mylar that those three states were also among the 13 original colonies.

Kathryn Kendell, executive director for the National Center for Lesbian Rights who argued on Jones' behalf Tuesday, said the core legal principle in the case is about the right of a co-parent, arguing the case is no different than one of a live-in boyfriend who has invested time, money and resources to raise a non-biological child.

Justice Jill Parrish questioned the difference between a nanny hired by a single parent to care for an infant for several years and Jones' situation.

Kendall said the difference is that Jones and Barlow held themselves out to friends and family as co-parents with the girl told to call Jones "Mommy."

"This was a family that was intentionally created to be a two-parent family," Kendall said.

Durrant questioned if Jones was to be held responsible for child support. Kendall said she believed so.

Justice Michael Wilkins questioned why this issue was not a policy debate better taken to the Utah Legislature.

Kendall said the court has a function to protect the rights of individuals, even if those rights are unpopular to some.

Outside court, Rep. Christensen said he believes Utah's common law cases are too vague to deal with such issues and need to be strengthened to encourage marriage. Christensen said he plans to introduce legislation dealing directly with this case during the next session.

"I'm here to protect my child, that's what I'm here for," Barlow said outside of court, adding her daughter is "a casualty of a selfish cause." She accused gay rights advocates of trying to use her case as a "stepping stone" to overturn laws in Utah banning gay adoption and marriage. However, the Alliance Defense Fund, a conservative Christian group out of Arizona that is funding Barlow's legal defense, has issued press releases on the case.

Just after oral arguments, Barlow had to appear before a district judge to be arraigned on one third-degree felony count of custodial interference for allegedly failing to follow the court's visitation order. Barlow has moved to Texas and has allegedly failed to forward contact information to Jones for visitation.

On Tuesday, a judge ordered Barlow booked into the Salt Lake County Jail, allowing her to bond out. A hearing has been scheduled for Sept. 13 on the criminal charge.

"It's just so incredible. It's just another form of harassment that she has to put up with in this whole process," Mylar said. "There's been no denial of visitation."

Mylar said his client has a constitutional right to travel and that the district judge never ordered that she remain in the state. Mylar said it was not appropriate to comment any further on pending charges.

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