Lawyers for state Sen. Julia Boseman's former partner have asked the state Supreme Court to reconsider a Court of Appeals ruling in the couple's adoption custody case.
Boseman, a Wilmington Democrat, and Melissa Jarrell, were in court over whether Boseman's adoptoin of Jarrell's child was legal. Jarrell, a former softball coach at UNC-Wilmington, had claimed that the adoption was invalid because gays and lesbians should not be permitted to adopt in North Carolina.
A three-judge panel unanimously ruled that Boseman's adoption was legal. Jarrell's lawyers have asked the state's high court to reconsider on several grounds. Because the appeals court was unanimous, Jarrell has not right to appeal and must convince the Supreme Court to hear the case. Such petitions are rarely granted.
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A still unsolved issue is whether the N.C. Department of Health and Human Services should recognize adoptions by gay couples and Jarrell's lawyer, John M. Martin of Greenville argued that court must answer that question.
The Court of Appeals also left the issue of gay adoption vague, Jarrell's lawyers argue. State law doesn't explicitly allow same-sex couples to adopt and judges, particularly in Durham County have allowed the adoptions. Martin argued that by allowing those cases to stand, the Supreme Court would be allowing the judiciary to make new law.
Document(s):
jarrell_petition.pdf
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Re: Court asked to reverse Boseman case
"Heaven has no rage like love to hatred turned,
Nor hell a fury like a woman scorned."
(from "The Mourning Bride" by William Congreve 1670-1729)