A lesbian woman has been granted “husband’s rights” in a land mark case heard in Tennessee.
Erica and Sabrina Witt, from Knoxville, were married and had a child together that Sabrina carried with the help of a sperm donor.
However, when the couple split Erica has little legal standing in obtaining custody because she never sought out adoption papers.
A judge ruled that this meant the definition of “husband” did not apply to her scenario, and so she was only given the rights of a step parent.
Fourth Circuit Judge Greg McMillan insisted that Erica id not have a “biological relationship with this child, and no contractual relationship with this child”.
However, the case led to an uproar from local activists causing Judge McMillan to reverse the decision and grant both of the mothers joint custody.
His decision to reverse his ruling makes the case a landmark case in the history of LGBT rights, particularly because the judge was asked to interpret “husband” and “wife” as “spouse”.