A married same-sex couple in Utah asked a judge Thursday to reverse his order removing a 9-month-old foster child from their home after he concluded that children are better off with heterosexual parents, according to the Salt Lake Tribune.
Citing unspecified research on children of gay couples, District Court Juvenile Judge Scott Johansen ruled Tuesday that the child must be removed from the foster home of Beckie Peirce and April Hoagland. The judge ordered the child to be sent “to a more traditional home,” the Utah Division of Child and Family Services (DCFS) told CNN.
During a Thursday press conference, Utah Gov. Gary Herbert (R) told reporters that the judge needs to follow state law, which allows same-sex couples to adopt children.
“I’m a little puzzled by the action down there, personally,” Herbert said, according to the Salt Lake Tribune. “[The judge] may not like the law, but he should follow the law. … We don’t want to have activism on the bench in any way, shape or form.”
DCFS filed a petition for the judge to stay the ruling, and the couple filed a petition for the judge to reverse the order permanently, according to the Salt Lake Tribune. If Johansen does not vacate the order, DCFS will appeal the decision.
“It is our position that this removal is not in the best interests of the child,” DCFS said in a statement, according to the Tribune.
James Hunnicutt, the attorney representing Hoagland and Peirce, said he believes the ruling is unconstitutional and that the state must find a way to reverse the order.
“I don’t care if there is [a] hearing, or if the system corrects this on its own,” he said, according to the Tribune. “I just want this mistake remedied as soon as possible for the benefit of the child and the benefit of my clients.”