A Utah judge who has come under scrutiny for ordering the removal of a foster child from the home of a lesbian couple, due to concerns of their ability raise her, has reversed his initial decision, state officials said.
The judge, Scott N. Johansen of Juvenile Court, had ordered Tuesday that the 9-month-old child be removed from the home by the end of the following Tuesday and placed with a heterosexual because she would be "better off," according to The New York Times.
The couple, Rebecca A. Pierce, 34, and April M. Hoagland, 38, and the state Division of Child and Family Services filed motions Thursday asking the judge to reconsider his decision, adding that they were willing to petition the court of appeals.
"It is DCFS's position that this removal is not in the best of the child," the agency said at the time.
The govenor's office also chimed in, saying he was "a little puzzled" by the decision and that Johansen must follow the law, even if he doesn't agree with it, according to The Washington Post.
"I expect the court and the judge to follow the law. He may not like the law, but he should follow the law," said Gov. Gary Herbert. "We don't want to have activism of the bench in any way, shape or form."
For whatever reason, Johansen has since amended his original ruling, crossing out the line in the order that read "The Court orders the Division to place the child with a duly married, heterosexual foster-adoptive couple within one week. The Division's motion to stay the execution of this order until the best interest hearing is held is denied," CNN reported.
In doing so, his verbal order was reversed.
It's still not clear, however, whether the fight is over based on more of the wording seen in the ruling. The order still says, "The court cited a concern that research has shown that children are more emotionally and mentally stable when raised by a mother and father in the same home."
The hearing for the best interests of the child is still scheduled for Dec. 4.
