Conkel v. Conkel

Charles L. Conkel (defendant) and Kim D. Brown (plaintiff) were married for 10 years and had two children together. In July 1981, Brown and Conkel obtained a divorce decree, which incorporated a separation agreement. The separation agreement allowed for reasonable visitation for Conkel. In October 1984, a trial court set specific visitation guidelines. The following year, Brown filed a motion to hold Conkel in contempt for failure to pay child support and a motion to increase child support. In response, Conkel filed a motion to enlarge his visitation and to hold Brown in contempt for denying him visitation. The court granted Conkel overnight visitation with his children on the condition that it not occur in the presence of another nonrelated male person. Brown appealed the decision on the ground that the trial court erred by granting Conkel, a homosexual man, overnight visitation. Brown made several arguments, including a fear that overnight visitation might trigger homosexual tendencies in her children, put her children at risk of contracting AIDS, and force her children to confront the issue of homosexuality and the stigma surrounding it. Brown also argued that homosexuality was a per se basis for denying overnight visitation. However, Brown presented no evidence in the form of expert testimony on any of these issues.