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The Nuntius & Our Community, Vol. 3, No. 8, August 1972
File 004
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The Nuntius & Our Community, Vol. 3, No. 8, August 1972 - File 004. 1972-08. University of Houston Libraries. University of Houston Digital Library. Web. November 28, 2020. https://digital.lib.uh.edu/collection/gcam/item/3723/show/3707.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

(1972-08). The Nuntius & Our Community, Vol. 3, No. 8, August 1972 - File 004. Gulf Coast Archive and Museum (GCAM) Digital Archive. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/gcam/item/3723/show/3707

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

The Nuntius & Our Community, Vol. 3, No. 8, August 1972 - File 004, 1972-08, Gulf Coast Archive and Museum (GCAM) Digital Archive, University of Houston Libraries, accessed November 28, 2020, https://digital.lib.uh.edu/collection/gcam/item/3723/show/3707.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

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Title The Nuntius & Our Community, Vol. 3, No. 8, August 1972
Contributor
  • Frank, Phil
Date August 1972
Language English
Subject
  • LGBTQ community
  • LGBTQ people
Place
  • Houston, Texas
Genre
  • newspapers
Type
  • Text
Identifier OCLC: 28912012
Collection
  • University of Houston Libraries Special Collections
  • LGBT Research Collection
  • Gulf Coast Archive and Museum (GCAM) Digital Archive
Rights No Copyright - United States
Note This item was digitized from materials loaned by the Gulf Coast Archive and Museum (GCAM).; This newspaper issue is missing pages 10-11.
Item Description
Title File 004
Transcript are fighting the same battles. For more information, call 354-1555, or 354-1556; Saturdays 282-3294 or write to: HSGU % P. 0. BOX 217 Dorchester Center Station Boston, Mass., 02124 \^ tvG &> FOR CHILDREN by Ginger Rothe A San Jose mother and her three children are now a family -- after almost two years of legal proceedings in a child custory cast. The mother is a lesbian. This is the only instance "that I know of" in which an admittedly homosexual parent has received custody of children in California, said Herma Hill Kay, professor of law at UC-Berkeley's Boalt Hall School of Law. And it is the first such case in the United States according to the research of Del Martin, a grandmother and member of the Lesbian Mothers' Union. Ann (not the mother's real name) first filed for dissolution of her 15-year marriage in July, 1970. Before the interlocutory decree was granted last month, she had been in court "seven or eight times" and had three attorneys. Roger (not his real name), the father, had two lawyers. The trial itself lasted three days. "There isn't any way to explain the tension" of the lengthy proceedings -- and of the results, said the 34-year-old mother, seated at the kitchen table in her small home in San Jose. She worries that "something" will happen to make her lose the children, believing she got them "very precariously." The ruling that granted her custody seems a hollow victory to Ann. Although she and her children are now legally united, Ann cannot form the "family" she wishes with Charla (not her real name), the woman she loves and with whom she has a "definitely secure and stable relationship." The provisions of the custody decision by Superior Court Judge Gerald S. Chargin of Santa Clara county limit Ann's communication with Charla. Ann can see Charla when her three children are in school or with their father, who has visitation rights two week-ends per month and for three weeks in the summer. Charla may not share Ann's house, the family home that the court ordered be given to Ann. Ann's children -- a son, 14; a daughter, 12, and another son, 9 -- voluntarily enrolled in summer school to allow their mother time to be with Charla, Ann said. The children provide her central argument in seeking custody, Ann said. "My husband needed the children but the children needed me." The three youngsters them selves decided they preferred to live with Ann, who told the children of her feelings for Charla after she decided not to try to conceal her lesbianism during the custody case. But "we've never behaved as other than very good friends in front of the children," Ann said. "I've tried to tell the kids what's been happening all along," and the children have been "fantastically strong," she said. Ann's '' real strength - - her ability to withstand strong criticism of herself" impressed her attorney, Joan K. Bradford of San Carlos. "I think people who do nothave any friends among the Gay World think that homosexuals are so very sexual," the lawyer said. With a restrained sweep of the hand, Ann said, "It's very important to me that I don't raise kids that feel thay have to be homosexual or heterosexual --or whatever." But the father fears the children may become homosexual. His daughter will be surrounded by lesbians, he feels, and thus may follow that orientation. The boys will '' either be subservient to women or they'll turn into homosexuals," Roger said. He believes his argument is substantiated by Ann's parents, who were divorced when she was 3. Roger said their marriage ended because Ann's mother is a lesbian -- a fact that Ann confirmed. But "I don't know why my parents divorced," Ann said, noting that it's hard sometimes to find out the motives of one's parents. Roger further believes the children's "lives are going to be ruined" by the court's decision. Roger, 42, argued that he hadbeen "more or less playing the mother and father role" since the couple's first child was born, because Ann did not want children and "a career was her main object," he said. Roger said he "made the mistake of telling the mother off in front of the children. They all of a sudden felt sorry for her," and thus chose to live with Ann, who said Roger was a "good father" until the dissolution proceedings began two years ago. Roger thinks the children are too young to choose whom to live with and that the court does not give fathers an "equal chance" to obtain custody. "There's many fathers that should have the children for custody, but they don't put up a fight for them because the laws are not fair," he emphasized. EVERYONE'S FUN HOUSE PRESENTS THE BEST I N THE AREA IN THE ART OF FEMALE IMPERSONATION: SONG, DANCE, SATIRE AND RECORD PANTOMINE! SHOWS - * * THURSDAYS - 9:30 - 11:30 * SUNDAYS - 8:3—10:30 & 12:30 (Judge Chargin was unavailable for comment. During The Chronicle's fourth call to his office, his bailiff said the jurist "does not wish to discuss this case with anyone.") The court's basic guideline in California child custody cases, according to Ann's s cording to Ann's attorney, is "the best interest and welfare of the children." Judge Chargin's decision "should be interpreted" to mean thathomosexualityis "simply one factor to consider" in determining the children's best welfare, Herman Hill Kay said. In addition to the children's preferences to live with Ann, two Santa Clara county agency reports and the testimony of "expert Witnesses" were crucial to the mother's case, Mrs. Bradford said. Both the departments of juvenile probation and of conciliation recommended that the children be placed with their mother. The expert witnesses included psychologist Dr. Arthur Bodin of Palo Alto, Ann -- and Charia's ex-husband, who, Ann and Charla said, testified that he trusted Ann to help rear his own children. (Charla, a lesbian, was awarded custody of her children -- a boy, 6; a girl, 8, and another boy, 10. The case was uncontested and her homosexuality was not brought out. She began dissolution proceedings almost a year after Ann.) Dr. Bodin's testimony was bas- and three with the children. Mrs. Bradford said. Tape recordings of part of the children's discussions with the psychologist were played privately for the judge, in the presence of Mrs. Bradford and Roger's attorney, Thomas Sal- ciccia of San Jose. Ann continues to see Dr. Bodin, and Charla also is going. Ann and Charla have known each other about six years. Their homosexual relationship began about two years ago, but at the time she filed for dissolution, she and Charla had no plans for their future, Ann said. About a year ago, they decided they could build a happy, monogamous life together, Ann related. She repeatedly stressed their "respect for each other." Both Ann and her attorney are concerned about the court's provisions limiting her communication with Charia. The court has awarded Ann "custody of the children at the same time denying her a way of sharing expenses"--housing, food transportation -- with Charla and her family, Mrs. Bradford said. Ann is now planing to appeal a portion of the court's provisions, the mother said. Herma Hill Kay termed the court's provisions "unusual." Had Charla been the "other man,". the law professor said the provisions probably would not have been so restrictive. Meanwhile, Ann, a 1971 grj Meanwhile, Ann, a 1971 graduate of California State University, San Jose, is seeking a full- time job as an occupational therapist. Charla, who recently obtained her teaching credential, is also looking for full-time work. Both women are "trying to evolve relationships" with men friends -- mostly married --so that their children will have a strong image of the male. Despite this, Ann is "aware of my feeling right now of kind of a general distrust of men." In seeking custody of her child- red as an admitted lesbian, Ann said, "I'm just trying to tell everybody that I'm not ashamed of my relationship with Charla." PLEASE HELP -- The case is being appealed because of the court's restrictions on the mother's association. She is virtually a prisoner in her own home. Tax-deductible contributions should be made to the Council on Religion and the Homosexual (CRH), 330 Ellis Street, San Francisco, California 94102. PLEASE, PLEASE HELP!! COUNCIL ON RELIGION AND THE HOMOSEXUAL sponsors a BENEFIT for LESBIAN MOTHER'S COURT APPEAL autograph party Del Martin and Phyllis Lyon's award winning book LESBIAN/WOMAN. Page 3
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