Karen Atala Riffo, a judge in Chile, and her husband separated in 2002 and agreed that she would retain custody of their three daughters. After a few years, Ms. Atala began to live with her female partner. In response, her husband filed for custody claiming that the mother’s homosexuality was detrimental to the children. The lower court confirmed the grant of custody to the mother, finding that there was no evidence that homosexuality was pathological conduct that would make Ms. Atala unfit as a mother.
Johanna E. Bond, Gender, Discourse, and Customary Law in Africa, 83 S. CAL. L. REV. 509-574 (2010). Available at: https://scholarlycommons.law.wlu.edu/wlufac/102/
Department of Economic and Social Affairs, Division for the Advancement of Women
