I’ve heard people claim that the courts act as a check and balance against law makers. Who, pray tell, acts as a check and balance against courts:
Last year, Utah couple Beckie Peirce and April Hoagland decided to get married. Last summer, in a decision legalizing same-sex marriage nationwide, the Supreme Court confirmed that this was okay. Then, Peirce and Hoagland wanted to take in a foster child. So, because the Supreme Court had signed off on gay marriage, Utah child services officials licensed the couple earlier this year. And, in August, Peirce and Hoagland welcomed a 1-year-old girl into their home, where she joined the couple’s two biological children. Plans for adoption, approved by the baby’s biological mother, were in place — soon, this would be a family of five.
But on Wednesday, a Utah judge decided to end this plan, ordering the girl removed from her foster home because he said she would be better off with heterosexual parents.
A copy of the court order by Judge Scott Johansen, a juvenile court judge in Utah’s Seventh District, was not immediately available, but the Salt Lake Tribune confirmed its contents. Hoagland told KUTV that Johansen said that “through his research he had found out that kids in homosexual homes don’t do as well as they do in heterosexual homes.”
Some may argue that the law makers can act as a check and balance here by writing and passing a law allowing same-sex couples to adopt children. But such a process could take years if it would pass at all. Others may argue that higher courts can act as a check and balance but there’s no guarantee a higher court would overturn this ruling. In other words a man in a magic robe ruined a family and they have no recourse.
This is the problem with handing people power over others. Even though the couple, who are already raising children, and the biological mother (the child, being only one year-old, is unable to voice her opinion) agreed to the adoption it hasn’t been allowed to take place because it offends the delicate sensibilities of a single man who wouldn’t have a say in the matter if it wasn’t for his position of power.