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Utah Judge Rescinds Order To Remove Baby From Lesbian Foster Parents

Calls to the couple’s attorney, James Hunnicut, were not returned.

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Utah child welfare officials will ask a judge to reconsider his order in Carbon County to take a baby from same sex foster parents, and give the little girl to a heterosexual couple.

Jim Hunnicutt, the couple’s lawyer said that he is happy but confused at Judge Johansen’s quick withdrawal of orders.

A new hearing in the case has been set for December 4, and as of Friday was scheduled to continue before the same judge. “That’s a big relief”.

The judge said on Tuesday that he based his decision on research that indicated children fare better when raised by heterosexual parents, and that “same-sex marriages have double the rate of instability as heterosexual marriages”, according to the news report. Prior to this Utah Judge so publicly trying to deprive April Hoagland and Beckie Pierce of their legal opportunity to be foster parents due to their sexual orientation, the State of Utah, led by Governor Herbert, spent roughly $2 million to keep gay marriage illegal within its borders.

Their plight has drawn the attention of Democratic Presidential front-runner Hillary Clinton, who tweeted: “Being a good parent has nothing to do with sexual orientation – thousands of families prove that”.

The revised order leaves the baby in the custody of DCFS while the biological mother’s parental rights are terminated, leaving the agency free to continue the placement with Hoagland and Peirce in the interim.

The court cited a concern that research has shown that children are more emotionally and mentally stable when raised by a mother and father in the same home.

It can take up to eight months to review a complaint and make a decision. We all have our own opinions. “Sometimes they come out in the wrong setting”, said Peirce, a paramedic. “It’s just going to be another day”.

April Hoagland and Beckie Pierce said they are “shattered” by the ruling made by Judge Scott Johansen – who they said had claimed the child would be better off.

“He’s never been in our home, never spent time with the child in our home or our other children so he doesn’t know anything about this”, Peirce told the local station KUTV. They were anxious about what would happen to their girls at school in the small central Utah city with about 8,400 people. Instead, the girls discovered widespread support from their classmates, Hoagland and Peirce said.

The couple, who have been married since past year and had custody of the child since August, had said they meant to adopt the baby.

Utah Division of Child and Family Services officials had said Thursday in a statement that they would fight the ruling at the appeals court if Judge Scott Johansen didn’t rescind his decision.

“We feel he has overstepped his bounds”, Platt said.

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AP is reporting that while April Hoagland and Beckie Pierce are ecstatic that this Utah Judge rescinded his controversial order so quickly, theirs is a cautious optimism.

Beckie Peirce and April Hoagland believe the judge imposed his own religious beliefs