Denver -- Fred Phelps, of the Westboro Baptist Church in Kansas, and organizer of the website www.godhatesfags.com, is coming to Denver on Thursday, March 25 to picket District Judge John Coughlin because of his ruling in the McLeod/Clark case.

The Colorado Anti-Violence Program has been asked to release the following statement on behalf of Dr. Elsey McLeod.

HISTORICAL FACTS

• Dr. McLeod and Dr. Clark had a twelve-year relationship that began in 1989 and ended in February 2001, when McLeod decided to leave the relationship.
   
• Religious difference were not an issue at all when Dr. McLeod decided to leave.
   
• The couple owned two houses in joint tenancy, and raised their daughter in one of these houses together for six years.
   
• On July 31, 1993, the couple had a Commitment Ceremony in Denver attended by 80 people, including family members and friends.
   
• The couple decided jointly to adopt a child.
   
• In May 1995, both women traveled together to China to bring their daughter home to Denver.
   
• On July 11, 1995, the adoption was completed, with Clark as the official adoptive parent, since two-parent same-gender adoption is not allowed by law in Colorado. Dr. McLeod and Dr. Clark decided together that Dr. Clark would be the official adoptive parent.
   
• In September 1995, a name change was filed with the Denver District Court to include both McLeod and Clark as part of their daughter’s name.
   
• Both mothers took extended periods of time off of work to be home with their daughter after the adoption.
   
• The child knows one of the couple as Mommy (McLeod) and one as Mama (Clark).
   
• In 1996, both mothers mutually filed a joint petition in the Denver District Court seeking joint rights and responsibilities for their daughter.
   
• In 1996, Denver District Court awarded the joint custody petition to both mothers. (This was rendered void in the spring of 2001 because there was no case in controversy at the time -- Clark contested the joint custody after the break-up).
   
• Both women had equal time, responsibility, shared day-to-day financial costs and decision-making regarding their daughter. They were a family, with a child and two mothers.
   
• In February 2001, the relationship ended and a motion to establish a parenting time schedule was filed by McLeod; Clark filed a verified motion for temporary orders in March 2001.
   
• Clark identified herself as a lesbian most of her adult life.
   
• Clark found her Evangelical Christianity religion approximately 6 months to a year after the couple’s relationship ended.
   
• In April 2003, Judge Coughlin in Denver District Court heard permanent orders. In April 2003, the judge awarded joint parental responsibilities to each parent except in the areas of religion and dental care. It was also ordered that their daughter continue to spend equal time with each of her mothers.
   
• Thus far the courts have applied the best interests and psychological parent standards in ordering joint allocation of parenting responsibility and equal parenting time. The courts are adhering to the Colorado doctrine that recognizes individuals as psychological parents who meet the criteria of this role.
   
• Clark filed an appeal of the permanent orders decision of April 2003 to the Colorado Court of Appeals. This appeal is still pending. Oral arguments before the Colorado Court of Appeals have not been set. It is uncertain how long the Colorado Court of Appeals will take to reach their decision after arguments.

THE FOLLOWING ENTITIES HAVE PROVIDED SUPPORT FOR THE "TWO MOMMY" CASE NOW IN THE COLORADO COURT OF APPEALS:

McLeod:
   American Civil Liberties Union of Colorado (ACLU of Colorado)
   National Center for Lesbian Rights ("NCLR" of San Francisco)
   The Center’s Legal Initiative Project ("CLIP" based in Denver)

Clark:
   Amicus briefs were filed by the following organizations:
   Liberty Counsel (Florida)
   Rocky Mountain Family Council ("RMFC" serves as the state Family Policy Council for Focus on the Family in Colorado)

THE FOLLOWING HIGHLIGHTS THE PARENTING TIME AND PARENTING RESPONSIBILITIES ALLOCATION DEBATE IN THIS CASE:

McLeod -- wants 50-50 time and equal parenting responsibilities.

Clark -- wants all court ordered parenting time to cease by the summer of 2004 and all decision-making responsibilities to be Clark’s.