A lesbian woman has been granted “husband’s rights”

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2 moms

Erica and Sabrina Witt, from Knoxville, were married and had a child together that Sabrina carried after applying for artificial insemination. However, when the couple split Erica has little legal standing in obtaining custody because the child was not adopted by her officially. A judge ruled that this meant the definition of “husband” did not apply to the case and the woman could count only on the right of step parent. Fourth Circuit Judge Greg McMillan insisted that Erica id not have a “biological relationship with this child, and no contractual relationship with this child”. However, the case led to an uproar from local activists causing Judge McMillan to reverse the decision and grant common custody for both moms. His decision to reverse his ruling makes the case a landmark case in the history of LGBT rights, particularly because the judge was asked to interpret “husband” and “wife” as “spouse”.

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