Timothy Kincaid

It’s hard to think of a definition of “activist judge” that would not have Chancellor George Ellis of the 28th Judicial District in West Tennessee as Exhibit A.

In May 2008, Angel Chandler and her ex-husband Joseph Barker went before the judge to modify their parenting plan. But Ellis didn’t like that Angel was living with her female partner of nine years and decided that he was going to do a little legislating from the bench.

Now the 28th judicial district in Tennessee has Local Rule 23, whereby agreements have a “paramour clause,” a decision that denies custody or even visitation rights to parents who allow an unmarried partner to stay overnight. But this can be overridden by a court, something that Ellis decided he wasn’t going to do.

Now this is not the case of a judge siding with the straight parent; her ex-husband (who has remarried) didn’t ask for the clause or object to its removal. And it wasn’t over-reliance on a hostile child services worker; reports showed no harm to the children. This was simply the case of a judge going against the wishes of the parents and the children and the advice of the psychologist, and taking it upon himself to disrupt the life of this family out of his own personal biases and bigotries.

Angel’s and her partner moved into two halves of a duplex so they could live near each other but apart while they appealed the decision, but soon found the double households to be prohibitively expensive. But fortunately they won their appeal, with the court reminding Ellis that the state law requires the primary consideration for custody arrangements be what’s in the best interest of the children.

Well, Ellis didn’t need no stinkin’ law to do what he wanted to do, so he insisted that the paramour clause remain in place until he could have a hearing. Well in March of this year he had his hearing at which time he decided – without any evidence as support – that it was in the best interest of the children that Chandler and her partner be forced to live apart in order for her to have her kids visit. (Citizen Times)

“A paramour overnight, abuse of alcohol and abuse of drugs are clearly common sense understanding that children can be adversely affected by such exposure….”

(There is no mention of there actually having been abuse of alcohol or drugs, Ellis just sort of threw that in there for comparison. Ya know: alcohol, drug, lesbians – all just obviously not in the kids’ best interest to be around these things.)

So back to the court they went. And this time the appeals court was not amused that Chancellor Ellis had decided to impose his agenda over that of the law.

“The record is devoid of any evidence whatsoever to support the finding that a paramour provision is in the best interests of the children. In fact, the record contains evidence demonstrating that a paramour provision is contrary to the best interests of the children,” the court wrote.

So far I’ve been unable to locate any mention of this story by the usual crowd of anti-gay ranters. I guess their definition of “activist judge” is one who disagrees with them.