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Columbus, OH – Today, Liberty Counsel filed an amicus brief with the Ohio State Supreme Court on behalf of Kelly Mullen and her daughter, Lucy Mullen. This case is on appeal after the lower court held in favor of Ms. Mullen and dismissed the petition of her former lesbian partner, Ms. Hobbs, who seeks custody of the child. Liberty Counsel is asking the Ohio Supreme Court to uphold this ruling.

Lucy Mullen was born on July 25, 2005, after being conceived by in vitro fertilization. Her mother was in a relationship and living with Michele Hobbs at the time. The biological father, Scott Liming, was an acquaintance of Ms. Hobbs, but when he entered into the agreement with Ms. Mullen, Michele Hobbs was not involved. Liming stayed active in the child’s life by moving to Cincinnati to be closer, had regular visits, drove her to preschool, and had a furnished bedroom for her in his home. The biological parents both filed and signed an Acknowledgement of Paternity that indicated the biological relationship to the child.

After the child’s birth, the relationship between Mullen and Hobbs began to come apart. In 2007 Mullen ended the relationship. A few months later, Hobbs filed for custody, seeking an award of custody in her favor. The lower court dismissed this petition for shared custody. This case is now on appeal in the Ohio Supreme Court. Ms. Hobbs’ request for custody would require the Ohio Supreme Court to reverse its 2002 decision, where it refused to grant parental or custodial rights to a third party over the fit, biological mom’s objections.

Steve Crampton, General Counsel and Vice President of Legal Affairs for Liberty Counsel, commented: “Ohio law, like nature, makes no provision for a child to have two mothers. This case is another example of homosexual activists’ attempts to undermine marriage and family.”

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