2.5 gems, 1.5 duds.

"Arkansas judge OKs foster care; Gay parents pose no obstacle to kids' growth, court finds"

...In his ruling Wednesday [Dec. 29], Pulaski County Circuit Judge Timothy Fox said the ban enacted by an Arkansas state agency in 1999 had nothing to do with protecting children's health or welfare, but instead was an attempt to regulate "public morality," which is beyond the agency's authority. Fox also issued a series of findings, based on testimony by child welfare and mental health experts:

Children of lesbian and gay parents are as well-adjusted as other children.

Being raised by lesbian or gay parents doesn't increase a child's risk of psychological, behavior or academic problems, confusion about gender identity, difficulties in relating to peers, or child abuse.

There is no evidence that heterosexual parents can guide children through adolescence any better than homosexual parents can.

The issue of whether parents' sexual orientation affects children's well- being is critical not only to the Arkansas case -- which is headed for an appellate court -- but also to a case before the U.S. Supreme Court over Florida's ban on adoptions by lesbians or gays. It could also affect a case in San Francisco Superior Court on California's ban on same-sex marriage....

"Montana Universities Must Offer Health Insurance to Gay Employees' Partners"

...The policy at issue in Montana limited dependent health case coverage to the employee's children and to the spouses of married employees.
   The policy required employees and their spouses to prove they were married. One way they could do that was by signing a sworn statement that they were part of an informal arrangement known as a common-law marriage, which requires that the couple live together and be known in the community as husband and wife.
   Couples who signed the affidavit were required to swear that they had "mutually consented and contracted to become husband and wife" and assumed "all the responsibilities and duties which the law attached to such a relationship."
   The court's majority focused on this option, saying that making it available only to heterosexual couples violated the equal protection clause of the state's Constitution....
   "Sadly," Justice [James C.] Nelson wrote [concurring], "many politicians and 'we the people' rarely pass up an opportunity to bash and condemn gays and lesbians despite the fact that these citizens are our neighbors and that they work, pay taxes, vote, hold public office, own businesses, provide professional services, worship, raise their families and serve their communities in the same manner as heterosexuals."

"New year, new laws: Gay couples to acquire new rights"

...AB 205 states that expanding gay couples' rights and responsibilities furthers California's interest in promoting family relationships, protecting family members during life crises and reducing discrimination against gays.
   California's new law will require courts to treat domestic partnerships just as they would marriages in settling disputes over dissolution, financial support, community property, inheritance, child custody, debt assumption and other matters.
   Unlike marriages, however, domestic partners will not be able to file joint tax returns, and their unions will not be recognized by the federal government in qualifying for Medicare, Social Security, veterans, food stamp, housing, immigration or other national programs and subsidies....
   Under the law, gays and lesbians are required to assume monetary risk - for example, they could be sued by their partner's third-party creditors; they would likely need an attorney for messy divorces; and their estate would be treated as community property in dissolutions but without corresponding tax benefits given married spouses....
   Low-income couples also face obstacles under the new law. For California public programs that base eligibility on a couple's joint income, such as Medi-Cal, gays and lesbians who meet low-income thresholds based solely on their own income might be disqualified once a partner's wages are considered....
   "The reality is, homosexual couples know they're not having real sex, deep down they know it's not real marriage, and no amount of social engineering from Democrats at the state Capitol will change that," added Randy Thomasson, a spokesman for Campaign for California Families....

"Enrollment of Gays' Sons Roils O.C. Catholic School"

In a clash that pits Catholic teachings against shifting values of American society, a group of parishioners and parents has accused Orange County church leaders of defying Pope John Paul II by allowing a gay couple to enroll their two boys in a diocese school.
   Eighteen people signed a letter last month demanding that St. John the Baptist School in Costa Mesa accept only families that sign a pledge to live by Catholic doctrine — a move that effectively would kick the boys out of school. The church regards homosexual acts as sinful, and in 2003 the pontiff condemned marriage and adoption by same-sex couples....
   But Father Martin Benzoni, who oversees the 550-student elementary and middle school, last week rejected the group's demands. He released a new policy stating that a child's education comes first and that a family's background "does not constitute an absolute obstacle to enrollment in the school." ...
   [Parent Paul] Krieger and others also voiced concern that by allowing the two boys to remain at the school, church and school officials are setting a precedent that could eventually lead to liberalization of the church's teachings on sexuality....
   ...Father Gerald M. Horan, superintendent of schools run by the Diocese of Orange, rejected the idea of a parental covenant [to abide by church teachings]. If the school barred gay parents from enrolling their children, they would also have to ban children of parents who violate other church teachings, including those who are divorced, use birth control or weren't married in the church, he said. "This is the quagmire that [the parents'] position represents," Horan said. "It's a slippery slope to go down."...