Custody Case Stirs Gay Marriage Debate
Monday, 06 August 2007
Custody Case Stirs Gay Marriage DebateConrad, 47, spent much of the past two years trying to win guardianship of Atkins from Atkins' parents, Thomas and Jeanne of Carmel. Jeanne Atkins is quoted in court documents as saying she believes homosexuality is a sin and that she disapproves of the men's relationship. The parents have barred Conrad from visiting their now-disabled son in their home where he lives.
In June, Conrad won visitation rights from the Indiana Court of Appeals, but the court upheld an earlier Hamilton County ruling that left control of Atkins' care to his parents.
Gay-rights activists say the men's story illustrates the discrimination embedded in Indiana law and underscores why gay marriage should be allowed.

On the other side, opponents of same-sex marriage say the case could have been prevented if Conrad and Atkins had used existing laws that can give unmarried couples -- straight and gay -- the legal right to act on each other's behalf.

In its ruling, the appeals court recognized the human suffering at the center of the case:
"We are confronted here with the heartbreaking fracture of a family," the judges wrote in their ruling. "Brett and Patrick have spent 25 years together as life partners -- longer than Patrick lived at home with his parents -- and their future life together has been destroyed by Patrick's tragic medical condition and by the Atkinses' unwillingness to accept their son's lifestyle."

Court debates go on
The Atkins family attorney, David Richey, Lebanon, in July asked the appeals court to reconsider granting visitation, arguing the judges failed to recognize that, as guardians, the Atkinses should have final say on who can see and have contact with their son.

Conrad and his attorney, Jeffrey Dible, Indianapolis, declined to be interviewed for this story because the case is pending.

According to the case file, Atkins and Conrad met in 1978 while attending Wabash College in Crawfordsville.
Atkins came from a deeply religious family that disapproved of the relationship. In 2000, he begged for acceptance from his family through a letter.

"Trust me," he wrote, "God lovesus all so very much, and I know he approves of the love that Brett and I have shared for over 20 years." Conrad and Atkins lived together in various apartments for 12 years until buying a home in Fishers in 1992, which they titled jointly, court documents say. Before falling ill, Atkins had been chief executive of his family's business, Atkins Elegant Desserts and Atkins Cheesecake.
 
On March 11, 2005, Atkins collapsed while on a business trip to Atlanta. He had a ruptured aneurysm and later suffered a stroke while hospitalized. Conrad traveled to the Atlanta hospital to be with Atkins but was soon denied access by the family. Hospital staff defied the family's wishes and let Conrad visit Atkins during off-hours.
Atkins eventually was moved to a nursing facility in Carmel, where Conrad would arrive after regular visiting hours so the Atkinses would not see him.

He filed his guardianship request in June 2005. That November, the Atkinses moved Patrick into their home and have since refused to let Conrad visit. They also have refused his phone calls. At the time of the trial, Atkins was able to walk, dress, bathe and feed himself with some help, to read accurately but understand only 25 percent of what he read, and to engage in simple conversations, court documents show. He still required close supervision and had significant problems with short-term memory and maintaining a prolonged attention span. His condition today remains much the same, according to the most recent court filings.



 
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