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Carnes v. Snider

Supreme Court of North Dakota.
May 1, 2015
865 N.W.2d 124 (N.D. 2015)

Opinion

No. 20140345.

05-01-2015

Ashlie N. CARNES, Plaintiff and Appellant v. Robin S. SNIDER, Defendant and Appellee.

Lynn M. Boughey, Bismarck, ND, for plaintiff and appellant. Thomas M. Jackson, Bismarck, ND, for defendant and appellee.


Lynn M. Boughey, Bismarck, ND, for plaintiff and appellant.

Thomas M. Jackson, Bismarck, ND, for defendant and appellee.

Opinion

PER CURIAM.

[¶ 1] Ashlie Carnes appealed from a district court judgment awarding her and Robin Snider joint residential responsibility over their minor child. She argues the district court's findings were clearly erroneous because they could only be explained through application of a presumption against awarding her primary residential responsibility based on her sexual orientation and same-sex marriage. In Jacobson v. Jacobson, we held that, “because of the mores of today's society, because [the mother] is engaged in a homosexual relationship in the home in which she resides with the children, and because of the lack of legal recognition of the status of a homosexual relationship, the best interests of the children would be better served by placing custody of the children with [the father].” 314 N.W.2d 78, 82 (N.D.1981). We have since held that, “[t]o the extent Jacobson can be read as creating such a presumption, it is overruled.” Damron v. Damron, 2003 ND 166, ¶ 9, 670 N.W.2d 871. We affirm under N.D.R .App.P. 35.1(a)(2) and (7).

[¶ 2] GERALD W. VANDE WALLE, C.J., WILLIAM A. HERAUF, D.J., CAROL RONNING KAPSNER, LISA FAIR McEVERS, and DANIEL J. CROTHERS, JJ ., concur.

[¶ 3] The Honorable WILLIAM A. HERAUF, D.J., sitting in place of SANDSTROM, J., disqualified.


Summaries of

Carnes v. Snider

Supreme Court of North Dakota.
May 1, 2015
865 N.W.2d 124 (N.D. 2015)
Case details for

Carnes v. Snider

Case Details

Full title:Ashlie N. CARNES, Plaintiff and Appellant v. Robin S. SNIDER, Defendant…

Court:Supreme Court of North Dakota.

Date published: May 1, 2015

Citations

865 N.W.2d 124 (N.D. 2015)