This time out, it’s not sperm they seek…
Kansas wants blood from William Marotta – in the form of child support – and they want it deposited at the Kansas Payment Center in Topeka.
Angela Bauer and her former partner Jennifer Schreiner were like any other same sex couple who wanted a child. Absent the ability to procreate the hot, steamy way, they turned to outside assistance. In this case, in the form of a Craigslist ad seeking a sperm donor.
Enter William Marotta, a local, Topeka body shop dude, who saw their cause as a valid one and felt he could insert a solution.
He did, They did. A star appeared in the East, and a child was born.
At this stage of the game, Bauer and Schreiner had been together for eight years and had already adopted several other children ranging from 3 months to 25 years. They had no financial issues, Schreiner was a stay at home mom, and life was good.
But like half the straight population, their love hit the rocks.
So in December of 2010 the two decided to go their separate ways but continued to successfully and amicably co-parent their kids.
Then March rolled around and Bauer was diagnosed with “a significant illness” and could no longer work. Schr
William Marotta
einer, without Bauer’s financial support, turned to the State of Kansas. In the process, the State demanded the donors name, claiming if she didn’t provide the info they would deny any health benefits because she was “withholding information.”
Bauer describes her conversations with the state as “threatening.”
“One gentleman told me he wasn’t going to discuss anything with me because I’m not the parent or legal guardian,” Bauer said. “Therefore, I had no existence.”
The Kansas Department for Children and Families filed the case in October 2012 seeking to have Marotta declared the father of a child so he could be held responsible for about $6,000 in public assistance the state had provided, as well as future child support.
Marotta opposed the action, stating that he’d signed a contract waiving his parental rights and responsibilities. Next attorneys for the state contended the parties didn’t follow a 1994 Kansas law requiring a licensed physician to perform the artificial insemination when donors were involved, leaving the contract little more than verbal masturbation.
On Wednesday the DCF argued that the contract overlooked ‘‘the well-established law in this state that a person cannot contract away his or her obligations to support their child.’’
I wonder if straight adoptees should begin to worry, or is this just another jab at gay parents in Kansas?
Regardless, we continue to do all we can to make Texas look good!
Kansas wants $6,000 and ongoing support from Mr. Marotta, not the couple. The couple is 100% on Marotta’s side, supportive and eternally grateful for the gift he gave them.
How badly does Kansas want “justice?”
At the going rate for a midrange Topeka attorney, that gives them 30 hours to invest in the case before it becomes a circle jerk. How far past that do you think they already are?
Marotta is represented by Ben Swinnen of Topeka. I talked to a woman in his office this morning and am getting on his schedule for an interview. In the meantime, what’s your well coifed Scribe’s opinion?
Never fear, I have a few:
- To collect support from Bauer would require Kansas to recognize her as the “parent;” what would that do to gay and lesbian rights in Kansas?
- Sam Brownback oversees DFC – Sam Brownback opposes gay marriage; you do the math
- Topeka City Councilman Chad Manspeaker, posted on Twitter a photo of an anti-gay sign in front of Topeka’s Westboro Baptist Church and wrote, “Right now Kansas’ Department of Children and Families looks a lot like this.” I agree with the Chadmiester.
- If gay marriage rights move forward, child support needs to be paid and adjudicated in the same manner it would for a straight couple, paid by the “parents” based on income distribution and State provided child support standards.
- Is there a subliminal message Kansas is trying to send; gay couples can’t take care of their kids and we need to hunt down the real, straight “dad” to get support?
- This is a 3rd party contract, plain and simple; why isn’t the State honoring it in the same way they would in any other case?
Bottom line, is the promotion of homophobia more important than the law?
I have a sneaking suspicion our Governor, who likely thinks the world is 5000 years old, is more involved in this than some low level dweeb at the DFC.
If that state becomes any more backward thinking they are going to have to change the name to Sasnak. Good God. Can common sense no longer prevail ANYWHERE?
If this isn’t the epitome of “No good deed goes unpunished” I don’t know what is. Poor bastard.
Hmmm, makes me rethink donating blood.
I guess the donor is penalized for “early withdrawal”…
Ahhhh, Harley made a funny! Well done, H Man…
its an old joke…jj walker used it in 1993…so I can’t
take credit for someone elses material.
Well, even if you did steal it, Hman, it was dyyynooomite!
Fathers always get screwed by the legal system. It’s a helluva one-way street, as any divorced dad can tell you. This poor bastard’s case is a little different but it’s one more example of how the state sticks it to the male.
+1
Family court, in no way resembles due process. Outcomes are predetermined and fathers are grist for the legal mill that supports this outrageous Star Chamber process.
http://www.sovereignu.com/articlecategories/ShaneCommentary/sya120601FR-FamilyCourtIsKangarooCourt.htm
You are guilty until proven innocent in a biased, humiliating, pernicious decades long struggle that should be avoided at all costs. No wonder our birth rates are down in this country. Even a cursory observation of probable outcomes with respect to marraige and family would scare off most reasonable men.
I wonder how Vegas would handicap winners and losers from the wedding day to probable divorce and delivery of assetts. Putting a number on degree of “Alienation of Affection” for the father would no doubt be off of the board.
Guys, I spent, seemingly, a life time at the JoCo Courthouse starting in ’99, learning just how little “justice” has to do with the “justice” system, when it comes to divorce. Prior to the final date and the Judge asks the court reporter to read back the number for how much you’ve paid so far, under “temporary orders” and you hear her read the number back, (using her diction) “Sixty seven THOUSAND, one HUNDRED, eighty THREE dollars……. as of….. YESTERDAY” it sends a tingle down your leg like Chris Matthews when he sees Obama!
After fighting needless charges with no basis, I ended up asking well-known divorce attorney, Joe Norton, RIP, Joe, to step in and, as he said, try to make chicken soup out of chicken shit! From that date, forward, I won things I should NOT have won, because he had the case. Prior, I lost on issues there was no possible way on the face of the earth I could have lost.
Lady Justice may be blind, but she can smell a fat retainer check from a mile away!
Went down that road 22 years ago, Chuck. Never experienced anything more frustrating, humiliating or infuriating before or since. Kids grown, educated and on their own now so it’s all good. But, damn. What an absolute freaking nightmare at the time.
Brutal, it is just brutal.
they’re going to take away the 35 foot no pass area around areas for
protesters.
That means that westboro church members will be right on top of
the dead soliders with their nasty signs!
whats going on here?
Kansas is a mess right now.
I have a few friends who ride with The Patriot Guard, they’ll come between the Phelps and the families with 100 roaring Harleys. (The motorcycles, not effigies of you, Hman.)
paull….supremes are about to throw out the safe areas..
I know some guards but if they throw that law out all hell
breaks loose…………..
Interesting story Paul, I enjoyed the puns. To your credit you steered clear of mentioning a turkey baster and I appreciate that.
🙂
Thanks, Chuck. I love word play. At the same time, there isn’t a thought more distasteful than this story and a turkeybasterturkeybasterturkeybaster turkeybaster.
http://blog.francedc.org/wp-content/uploads/2013/06/charlie-brown.jpg
Hogwash. Conservatives have been trying to encourage adoption and this ruling will discourage adoption.
While Kansas is very conservative, the Kansas bench is not. The vast majority of the judges appointed in this state, up to and including the Supreme Court have been selected by “merit” panels dominated by the predominately liberal, pro-abortion legal establishment.
These judges have consistently ruled against any case that would promote adoption over abortion and this case is consistent with that trend.
further breakdown of our country. Its getting time for a new day.
watch for it!!!!!!!!
He is probably the only guy in history that has had to pay child support for making it with his right hand!
Mike, I think that’s a rock solid rebuttal on cross examination.
Opus Dei shall give Guv. Brownshirt the divine answer he seeks on this paltry dilemma.
Paul,
Please explain to me how private individuals can sign away the child’s right to obtain support from its biological parent? I’ll tell you how, by having a physician perform the artificial insemination. It’s the law. And we know that you should never take the law into your, wait for it, own hands.
Saw that coming……..an arm’s length away, Jimbo.
It happens in adoption cases every day. so it happens
Sounds like he came into a sticky situation.
That lesbo stole Jack Harry’s ‘do.
+100