The Commercial Appeal

Tenn. judges battle in same-sex case for parental rights

- Jamie Satterfiel­d

LEBANON, Tenn. – They met, fell in love and started a family.

Sandra Pippin was the first to hold the couple’s son, the first to change his diaper. She worked so her mate could stay home with the baby and her adopted son.

She registered both boys in school, signed school paperwork, acted in every way as a parent.

If Sandra Pippin was a man, she’d now have the right – after wife Christina Pippin left her for another mate – to visit the son the couple had via artificial inseminati­on under Tennessee law.

But because she’s not, a state appellate court says she can’t see the boy at all – unless her mate agrees.

Tennessee Court of Appeals Judge Andy D. Bennett says that’s wrong and should be fixed now.

“This opinion is stuck in the past,” Bennett wrote in a blistering dissent. “Essentiall­y, the applicatio­n of this statute boils down to Sandra is a woman, not a man and so, according to the majority, the statute does not apply because of the statute’s definitions.

“The applicatio­n of this statute is so clear to Sandra’s situation that one can see the discrimina­tion,” Bennett wrote.

“I would grant Sandra Pippin standing … In a judicial system where right and justice are paramount, there is no way that Sandra Pippin should be denied her parental rights to the child,” he concluded.

Parenting and providing

The facts aren’t in dispute.

Sandra Pippin put a ring on her mate’s hand, signed documents to make their union legal, signed documents at the sperm clinic with her mate as “coparents,” and was raising the boy, now 6, with her mate.

“A child was born in November 2011 through artificial inseminati­on after his biological mother, Christina Pippin, and her partner, Sandra Pippin, made the mutual decision to have a child and to have Christina carry the baby,” the majority appellate court decision states.

“(Sandra Pippin) was present for [Child]’s birth . . . was the first person to hold [Child] after birth, accompanie­d [Child] to the neonatal intensive care unit (NICU) immediatel­y after his premature birth, and was the first person to change [Child]’s diaper,” the opinion states.

“When not traveling for work, (Sandra Pippin) regularly woke [Child], got him dressed and ready for the day, made and fed him breakfast, and dropped him off at daycare or school,” the opinion states.

Sandra Pippin was the primary breadwinne­r. Christina Pippin was a stay-at-home mom of both the boy at issue in the ruling and Sandra Pippin’s older adopted son.

“Child was raised by both Christina and Sandra together as what Sandra characteri­zes as ‘equal parents’ until December 2016, when the couple ended their 9 1/2 year relationsh­ip,” the opinion states.

When the couple first split, Christina Pippin agreed to allow Sandra to continue to act as the boy’s parent, the opinion shows. But in 2017 she began “reneging,” the opinion states, and a court battle began.

Juvenile judge laments own ruling

Wilson County Juvenile Judge Thomas Gwin was convinced Sandra Pippin deserved to spend time with her son, whether Christina Pippin allowed or not, court records show, but opined he really had no choice under state law.

One law is specific to artificial inseminati­on cases. It was created by the Legislatur­e to ensure husbands were recognized as parents when their wives used donated sperm to conceive. The other was created by the Legislatur­e to ensure boyfriends were recognized as parents if their girlfriend­s dumped them.

The two laws use the words “husbands,” “fathers,” “wives,” and “mothers.” Both use he and she pronouns to further define those words.

He ruled against Sandra Pippin but ordered visitation anyway, pending the outcome of the appeal.

The nobility of that act was the only thing upon which a three-judge panel of the appellate court agreed in the case.

“We … commend the court for its thorough and heartfelt ruling in that regard,” Appellate Judges Richard Dinkins and W. Neal Mcbrayer wrote in the majority opinion.

The pair said Gwin may not like the law he upheld, but he was right to do so.

What’s in a pronoun or a label?

“The trial court dismissed the petition, stating that it was ‘being asked to create a new category of parent in Tennessee’ — ‘a de facto parent,’ ” the majority opinion stated. “The court further opined that there ‘is no such thing in Tennessee . . . except on the street and in real life … The court concluded that Sandra had no standing to pursue being named the parent of Child.”

Attorney Abby R. Rubenfeld argued the court should now – in the wake of the U.S. Supreme Court decision upholding same sex marriages in 2015 – use gender-neutral pronouns when deciding who fits the legal definition of husband or father.

But Dinkins and Mcbrayer disagreed. “The ‘marriage neutral’ constructi­on Sandra urges is a strained interpreta­tion of the natural and ordinary meaning of the statutory language,” the judges wrote. “Even if (the law’s words) were construed to create a right of visitation on the part of the husband of a woman who has given birth to a child by artificial inseminati­on, that right would be predicated upon the child being born to a married woman.

“The parentage statutes are not ambiguous, and to the extent applicable to our inquiry, the Legislativ­e intent of the statutes is clear,” the judges wrote, “and can be derived from the natural and ordinary meaning of the statutory language within the context of the entire statute without any forced or subtle constructi­on that would extend or limit the statute’s meaning.”

Blunt criticism and a call to action

Bennett said his brethren were legally wrong. He reminded the judges in his dissent that Tennessee would not allow Sandra Pippin to marry Christina Pippin at the time of their union and the boy’s birth, but the couple took all legal steps to do so.

Bennett encouraged the state Supreme Court and the state Legislatur­e to review the case and – and fix whatever is broken in a system that would bar a woman from visiting her son simply because of her gender.

“We must be mindful of the fact that Tennessee would not let them marry. Sandra proposed to Christina. Sandra gave Christina a ring. They executed a Domestic Partnershi­p Affidavit. They held themselves out as a family,” Bennett wrote.

“And, perhaps most importantl­y for this case, they created the child together,” he wrote. “There is no difference between Sandra and the ‘husband’ in (state law) except for a marriage that the State of Tennessee would not allow.

“We know from (the 2015 same-sex marriage ruling) that the same-sex marriage prohibitio­n violated Sandra’s due process and equal protection rights,” the judge continued. “Fundamenta­l notions of fairness and justice cannot allow a constituti­onal violation of her rights to be the impediment to Sandra Pippin’s standing under the facts of this case.”

 ?? ALEX HOLT/SPECIAL TO THE USA TODAY NETWORK ?? Valeria Tanco, left, and Sophy Jesty, shown in 2016 in Johns Island, S.C., were among the plaintiffs in the U.S. Supreme Court’s 2015 case that upheld same-sex marriage. Attorney Abby R. Rubenfeld argued that in the wake of the ruling, the court should use gender-neutral pronouns when deciding who fits the legal definition of husband or father.
ALEX HOLT/SPECIAL TO THE USA TODAY NETWORK Valeria Tanco, left, and Sophy Jesty, shown in 2016 in Johns Island, S.C., were among the plaintiffs in the U.S. Supreme Court’s 2015 case that upheld same-sex marriage. Attorney Abby R. Rubenfeld argued that in the wake of the ruling, the court should use gender-neutral pronouns when deciding who fits the legal definition of husband or father.
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Bennett
 ??  ?? Dinkins
Dinkins
 ??  ?? Mcbrayer
Mcbrayer

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