FARGO - Equality North Dakota, the statewide advocacy organization for gay, lesbian, bisexual and transgender (GLBT) North Dakotans, today praised the decision of the North Dakota Supreme Court in the custody case involving a lesbian couple from Minot, in which the Supreme Court allowed the mother to retain custody of her children.  The decision in Damron v. Damron overrules any presumption in a custody case that children are harmed simply by living in a homosexual household and overturns the 1981 decision in Jacobson v. Jacobson, which stated that a parent’s gay or lesbian sexual orientation alone was sufficient reason to deny custody.

“This ruling represents the most positive legal step forward in North Dakota for GLBT North Dakotans and their families since the state’s sodomy laws were repealed in the early 1970s.  Today, GLBT North Dakotans have a reason to celebrate,” said Robert Uebel, co-chair of Equality North Dakota.  “The decision in Damron v. Damron acknowledges that children are not intrinsically harmed by living in a family headed by a lesbian or gay couple, a position based in prejudice and ignorance and rejected by mainstream groups such as the American Psychological Association and the National Association of Social Workers.  The evidence clearly shows that children raised in a family headed by a lesbian or gay couple do not show significant differences from children raised by heterosexual parents,” stated Uebel further.

The ruling constitutes major progress in the efforts to assure that GLBT North Dakotans and their families enjoy the same legal protections afforded to their heterosexual counterparts, although the state still ranks close to the bottom nationally with regards to the legal status of its GLBT citizens.

Equality North Dakota salutes the courage of Valerie Damron and Ann Elliot for their willingness to fight for their rights and the rights of other GLBT North Dakotans.  “In a state where it is still often not easy to be publicly ‘out,’ Valerie and Ann have shown a great deal of courage and have won a tremendous victory for themselves and for our community,” said Uebel.