FRAZIER v. GOUDSCHAAL

No. 103,487.

295 P.3d 542 (2013)

Marci FRAZIER, Appellee, v. Kelly GOUDSCHAAL, Appellant.

Supreme Court of Kansas.

February 22, 2013.


Attorney(s) appearing for the Case

T. Bradley Manson , of Manson & Karbank, of Overland Park, argued the cause, and Elizabeth Rogers Rebein and Kelli M. Broers , of the same firm, were with him on the briefs for appellant.

Dennis J. Stanchik , of Olathe, argued the cause and was on the brief for appellee.

Stephen Douglas Bonney , chief counsel and legal director, of ACLU of Kansas & Western Missouri, of Kansas City, Missouri, Rose A. Saxe , of Lesbian Gay Bisexual Transgender & AIDS Projects, of ACLU Foundation, of New York, New York, and Catherine Sakimura , of National Center for Lesbian Rights, of San Francisco, California, were on the brief for amici curiae American Civil Liberties Union, American Civil Liberties Union of Kansas and Western Missouri, and the National Center for Lesbian Rights.

Linda Henry Elrod , director, was on the brief for amicus curiae Washburn University School of Law Children and Family Law Center.

Stephanie Goodenow , of Law Office of Stephanie Goodenow, LLC, of Olathe, was on the brief for amicus curiae National Association of Social Workers.


The opinion of the court was delivered by JOHNSON, J.:

Kelly Goudschaal and Marci Frazier were committed to a long-time, same-sex relationship, during which they jointly decided to have two children via artificial insemination. In conjunction with the birth of each child, the couple executed a coparenting agreement that, among other provisions, addressed the contingency of a separation. A few months after the couple separated, Goudschaal notified Frazier that she...

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