Utah Judge Withdraws in Lesbians’ Foster Case
Author: Jack Healy
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By Jack Healy
Nov. 16, 2015
DENVER — A judge in Utah who drew national scrutiny for ordering a lesbian couple to give up their infant foster child withdrew from the case on Monday.
Judge Scott N. Johansen, a juvenile court judge in Price, Utah, announced in a brief order that he had disqualified himself and that a presiding judge would handle the case.
Judge Johansen came under widespread criticism last week after he ordered the baby to be taken from the lesbian couple and given to a heterosexual couple, saying it was “not in the best interest of children to be raised by same-sex couples.” Gay-rights groups condemned the ruling, and Gov. Gary R. Herbert, a Republican, said he was “puzzled” by it and urged the judge to adhere to the law.
On Friday, Judge Johansen reversed himself in an amended order that nevertheless questioned whether children should be placed with same-sex parents. He had set a hearing for Dec. 4 to determine the best interest of the 9-month-old girl, who had been placed in the home of April Hoagland and Beckie Peirce in August. The couple, who are married, have said they want to adopt the girl.
Ms. Hoagland and Ms. Peirce had asked that the judge be disqualified from the case, but he said in his order on Monday that they did not have legal standing to make the request.
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His recusal still leaves questions about the fate of the child.
It was unclear whether the Dec. 4 hearing would take place, or how the new juvenile court judge in the case, Mary L. Manley, would rule.
A lawyer for Ms. Hoagland and Ms. Peirce did not respond to a telephone message on Monday.
Some gay rights and political activists in Utah and beyond have called for Judge Johansen to be removed from the bench and have circulated petitions asking the Utah Legislature to begin the process of impeaching him.
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