An earlier court decision to remove a child from custody has been reversed.
The earlier ruling by Judge Scott Johansen cited the “belief that research has shown that children are more emotionally and mentally stable when raised by a mother and father in the same home.”
The documents have been edited, with the word “belief” scratched out and replaced with “concern”.
April Hoagland and Beckie Peirce, a legally married couple, already had the consent from the biological mother and the Utah Division of Child and Family Services. They had completed the regular background checks, interviews, and home inspections required to prove they are fit to raise children. The couple, in fact, already is raising Peirce’s two biological children.
The judge’s original notes displayed a bias toward heterosexual families with the phrase “The Court orders the Division to place the child with a duly married, heterosexual foster-adoptive couple within one week.”
An investigation of the judge has been opened by the governor’s office.
Governor Gary Herbert said, “I expect the court and the judge to follow the law. He may not like the law, but he should follow the law. We don’t want to have activism of the bench in any way, shape or form.”
Although the initial ruling has been reversed, Hoagland and Peirce have a new court date set for December 4. The baby girl is back in Hoagland and Peirce’s custody.
The couple received a tremendous show of support after the judge’s original order was announced.
About the nationwide support, Hoagland said, “It is heartwarming that we not only have the support of our community but it seems the entire nation.”