The National Association of Social Workers (NASW) and its Ohio chapter partnered with the American Civil Liberties Union (ACLU) of Ohio to file an amicus curiae brief to the Ohio Supreme Court in the case In re LES. The lawsuit centers on Ohio’s parentage laws as they pertain to same-sex couples and the best interest of the children.
The case revolves around how Ohio’s parentage laws apply to same-sex couples who reared their children but split up before same-sex marriage was legal.
Priya Shahani and Carmen Edmonds were involved in a romantic relationship from 2003 and 2015 and had three children together through artificial insemination with Ms. Shahani being the biological mother. The women gave each child the last name of “Edmonds-Shahani” and executed various legal documents recognizing one another as equal co-parents, including a Living Will and Health Care Power of Attorney. Ms. Shahani and Ms. Edmonds relationship predated Obergefell v. Hodges, which held bans on same-sex marriages to be unconstitutional. However, in 2015 the couple decided to separate and in 2017 Ms. Edmonds filed a petition to establish her parental rights. The Hamilton County Juvenile Court held that a same-sex partner does not fall within the definition of a “parent” under Ohio statutes because she was neither biologically related to the children nor married to the birthmother. The case was appealed to the First District Appellate Court, which reversed the lower court’s ruling, and now the Supreme Court of Ohio is reviewing the case.
NASW, including its Ohio Chapter, supports protecting the familial attachments between LGBTQ+ couples and their children and recognizes that these familial relationships are of the same strength, depth, and importance to the healthy development of children as the relationships of opposite-sex couples and their children. This is further validated by the overwhelming social science research that confirms there is a potential for children to endure harm when they are separated from a parental figure, regardless of a biological link.
We urge the Supreme Court of Ohio to act in the best interests of children and to affirm the First District Appellate decision, providing Ms. Edmonds legal parentage and rights.