Ashlie N. Carnes, Plaintiff and Appellant
Robin S. Snider, Defendant and Appellee
The opinion cannot be considered final until disposition of such petition for rehearing by the court or expiration of 14 days from filing date.
Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Gail Hagerty, Judge.
Lynn M. Boughey, Bismarck, ND, for plaintiff and appellant.
Thomas M. Jackson, Bismarck, ND, for defendant and appellee.
[¶1] Ashlie Carnes appealed from a district court judgment awarding her and Robin Snider joint residential responsibility over their minor child. She argues the district court's findings were clearly erroneous because they could only be explained through application of a presumption against awarding her primary residential responsibility based on her sexual orientation and same-sex marriage. In Jacobson v. Jacobson, we held that, " because of the mores of today's society, because [the mother] is engaged in a homosexual relationship in the home in which she resides with the children, and because of the lack of legal recognition of the status of a homosexual relationship, the best interests of the children would be better served by placing custody of the children with [the father]." 314 N.W.2d 78, 82 (N.D. 1981). We have since held that, " [t]o the extent Jacobson can be read as creating such a presumption, it is overruled." Damron v. Damron, 2003 ND 166, ¶ 9, 670 N.W.2d 871. We affirm under N.D.R.App.P. 35.1(a)(2) and (7).
Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, William ...