Illinois Court OKs Gay Fostering 
by Steph Smith 365Gay.com Chicago Bureau

Posted: January 21, 2005  3:36 pm. ET

(Chicago, Illinois)  The Illinois Supreme Court Friday overturned a lower-court decision that ordered a foster child removed from the home of his lesbian foster mother and her partner. 

In rendering its decision the lower court awarded the child, (known only as "Austin W." in court documents) place in the guardianship of grandparents even though they had been indicated for abuse against him.

The lower court ruling was appealed by both the foster mother, Rosemary Fontaine, and the Illinois Department of Children and Family Services.

During the appeal the child, now 5, was allowed to remain with his foster mother.

Friday's unanimous Supreme Court ruling restores the foster mom as his legal guardian and allows the DCFS to resume its previously approved plan to allow adoption by Fontaine.

The Supreme Court said that 'serious errors' were made when the abuse the boy suffered was discounted by caseworkers and the lower court.

"Today's ruling puts the child's best interests first," said Patricia Logue, Senior Counsel for Lambda Legal.

"It's clear today that the Illinois Supreme Court understands that lesbian and gay parents can provide children with the love, support and guidance they need.  

"Two decades of social science evidence shows that lesbian and gay people make excellent parents, and the state Supreme Court today did not even suggest that Rosemary's sexual orientation should keep this 5-year-old boy from the nurturing environment she's given him for nearly his entire life."

Last month the Arkansas Supreme Court struck down a state regulation barring gays from becoming foster parents.