Utah judge reverses controversial decision, hands back baby to lesbian couple

April Hoagland and Beckie Peirce are the adoptive parents of a nine-month-old baby (Facebook/April Hoagland)

A judge in the U.S. state of Utah has reversed a controversial decision that ordered a baby of a lesbian couple to be transferred to a heterosexual couple after he faced a backlash.

On Tuesday last week, Judge Scott Johansen ruled that the nine-month-old baby of lesbian couple April Hoagland and Beckie Peirce should be removed from them, saying research showed that children do better in a heterosexual family, according to the Associated Press.

But on Friday, he reversed his decision and allowed the baby to stay with the lesbian couple, who are married.

The American Psychological Association said there's no scientific evidence to show that gay couples are unfit parents based on sexual orientation.

Hoagland and Peirce were allowed to become foster parents after the U.S. Supreme Court legalised same-sex marriage in June.

Even Republican Utah Gov. Gary Herbet supported the couple, saying the judge should follow the law and not inject personal beliefs in his decisions.

"I expect the court and the judge to follow the law. He may not like the law, but he should follow the law. We don't want to have activism on the bench in any way, shape or form," he said, according to Reuters.

The Utah Division of Child and Family Services (DCFS) opposed the judge's removal ruling and filed a motion on Thursday urging Johansen to reverse his decision, threatening to file a petition with an appeals court to intervene if he did not change his order.

"The juvenile court judge made the determination that the child would be better served in the home of a heterosexual couple, and mentioned, but did not directly cite, research that supported his decision," DCFS said in a statement.

It added that "it is our position that this removal is not in the best interest of the child."

The American Civil Liberties Union in Utah said, "There is a clear scientific consensus that children of same-sex parents fare no differently than their peers. Claims to the contrary have been consistently rejected by the courts."

The couple's lawyer, Jim Hunnicutt, earlier said, "We've filed paperwork in the case to try to correct the judge's mistake."

He said the judge "acted in an unconstitutional and inappropriate way, against Utah and federal laws that make it clear that a judge cannot hold it against someone just because of their sexual orientation."

related articles
Christian Lawyers Publish Guidance on Gay Rights Law

Christian Lawyers Publish Guidance on Gay Rights Law

Christian magistrate appeals to High Court over gay adoption ruling

Christian magistrate appeals to High Court over gay adoption ruling

Christian magistrate awaits appeal judgment over gay adoption case

Christian magistrate awaits appeal judgment over gay adoption case

Adoption group criticised for 'retarded homophobes' comment

Adoption group criticised for 'retarded homophobes' comment

Spain orders judge to return salary over gay adoption trial

Spain orders judge to return salary over gay adoption trial

Dolce & Gabbana boycotted after deriding gay adoption and IVF babies
Dolce & Gabbana boycotted after deriding gay adoption and IVF babies

Dolce & Gabbana boycotted after deriding gay adoption and IVF babies

Dolce, Gabbana and Elton John: how the internet dumbs down debate
Dolce, Gabbana and Elton John: how the internet dumbs down debate

Dolce, Gabbana and Elton John: how the internet dumbs down debate

News
Pope seeks prayers for peace in Christmas Day message
Pope seeks prayers for peace in Christmas Day message

The Pope asked people to pray in particular for the "tormented people of Ukraine" in his Christmas Day 'Urbi et Orbi' message. 

Who was St Stephen and why is he remembered on December 26?
Who was St Stephen and why is he remembered on December 26?

The carol says, “Good King Wenceslas last looked out on the Feast of Stephen.” In many countries, December 26, also known as Boxing Day, is better known as St Stephen’s Day. Stephen was the first Christian martyr. This is the story …

King Charles reflects on pilgrimage, reconciliation and hope in Christmas Day address
King Charles reflects on pilgrimage, reconciliation and hope in Christmas Day address

King Charles III used his Christmas Day speech to reflect on the significance of pilgrimage as he appealed to the nation "to cherish the values of compassion and reconciliation". 

2 Timothy 3:16 is Logos' Bible verse of the year, Matthew was the most studied book
2 Timothy 3:16 is Logos' Bible verse of the year, Matthew was the most studied book

One of the most-studied Bible verses of the year is from 2 Timothy in the New Testament, according to an analysis of millions of Bible study sessions that tracked how believers worldwide are engaging with Scripture.