A/N: Please forgive any legal mistakes I made. I tried very hard to provide an accurate depiction of an emancipation request hearing in Pennsylvania in 2000, but I don't know any lawyers, so I researched the topic myself..
If Justin wanted to sort of marry Brian, he would need to attend a short emancipation hearing (he was still 17; Vermont law required those joined in civil unions to be older than 18 or emancipated). The day had finally come for Justin to do just that.
Justin couldn't help but be nervous, though Brian had told him that the hearing would be a snap. Brian, seated on Justin's right, held the boy's hand, and Brian's lawyer, Mr. Pliny, seated on Justin's left, reassured him, "We just need to prove to the judge that you have lived away from your parents for some time, that you have a good job, and that you've already graduated from high school."
Justin took a deep breath and nodded. That shouldn't be difficult.
The bailiff entered the room and commanded, "All please rise. (Brian, Justin, and Mr. Pliny stood.) The court is now open. The Honorable Judge Stanton presiding."
The judge entered the room and sat down.
The bailiff then announced, "All may be seated. The hearing to determine the legal status of Justin Taylor is now in session."
Judge Stanton stated, "Mr. Taylor, as your lawyer has no doubt already explained to you, this is an informal hearing. Your lawyer will present evidence to me, and I will ask questions. If you wish, you may have others testify regarding your situation, but you need not do so. Do you understand?"
Justin replied, "Yes, your honor."
Judge Stanton nodded and directed, "Mr. Pliny, present your case."
Mr. Pliny stood and declared, "Mr. Taylor, who is 17 years old, was forcibly ejected from his home by his father when he found drawings Mr. Taylor had made of naked men. He was allowed to take nothing, leaving him with only the clothes on his back. Fortunately, Mr. Taylor encountered Brian Kinney, who, as an openly gay man, sympathized with the young man's situation. Mr. Kinney took Mr. Taylor in and arranged an interview for Mr. Taylor at Ryder Advertising, where Mr. Kinney also works. Mr. Taylor, a high school graduate who earned a 1500 on his SATs and who was accepted into the Pittsburgh Institute of Fine Arts, was hired, starting in the mail room, but with hopes of obtaining an entry-level position in the Art Department after he'd been employed for several months. He has lived with Mr. Kinney for three and a half months and has been working full time at Ryder since his first week there. He can afford to rent an apartment of his own, but he declines to do so, as he and Mr. Kinney have entered into a romantic relationship. Mr. Taylor has not seen his parents in all this time and does not depend on them for anything. Here is his high school transcript, his proof of high school graduation, his SAT scores, a copy of his acceptance letter from the Pittsburgh Institute of Fine Arts, his proof of employment, and all his payroll stubs."
Mr. Pliny handed a folder to the judge. Judge Stanton looked at each item in the folder carefully. Then, he looked both Justin and Brian over. Finally, he asked, "Mr. Taylor, you say that you entered into a romantic relationship with Mr. Kinney…When did this begin?"
Justin shifted uncomfortably in his seat. He replied, "It's complicated, your honor."
Judge Stanton stated matter-of-factly, "Isn't it always?"
Justin smiled and continued (he was more at ease, but unable to prevent himself from blushing), "We, uh, started having sexual intercourse the day we met, but we weren't technically 'in a relationship' until a month later."
Judge Stanton cleared his throat and inquired, "Did Mr. Kinney expect sex in return for allowing you to stay with him or for arranging the interview?"
Brian had absolutely no reaction to this question, but Justin's eyes widened. He exclaimed, "No! No."
Then, more softly, he added, "I wanted very much to have sex with him."
Judge Stanton raised an eyebrow.
Justin continued, "The truth is, Brian didn't know anything about my situation until after we'd had sex the first several times. They were all part of our first encounter."
The judge's eyes widened.
Justin blushed more deeply in response. "The sex and my situation were completely unrelated. Afterward, Brian asked me about a bruise he'd seen on my back. I told him that my father had thrown me across my bedroom and into my dresser. Then, I explained the reason we were fighting. The next morning, Brian offered to let me stay with him and to help me get a job. He probably would have let me stay even if I didn't want to continue our sexual relationship, but I did, so it never came up."
Judge Stanton replied, "I see."
Suddenly, the courtroom doors opened, and Craig and Jennifer Taylor and Lindsay entered.
Everyone looked toward the noise. Justin sighed deeply when he saw the source, but Brian only raised an eyebrow and held Justin's hand a little tighter.
Judge Stanton barked, "Who are you and why are you storming into my courtroom after the hearing has already begun?"
Jennifer sat in the gallery, while Craig and Lindsay approached the bench. When Justin looked directly at his mother, she lowered her eyes. Justin swallowed hard, but then turned his attention back to the hearing.
Once he'd reached the bench, Craig declared, "I'm Craig Taylor, Justin's father. I'm here to stop you from granting Justin's emancipation request."
Judge Stanton shot him a strange look in response (thinking, "Are you now?") but then replied calmly, "I see. And you are?" (pointing to Lindsay)
She cleared her throat and answered, "Lindsay Peterson. I'm a friend of Brian Kinney's."
"So you're here on his behalf?"
She squared her shoulders and replied resolutely, "No. I'm here on behalf of the youth Brian is corrupting."
Judge Stanton asked slowly, "I assume you are referring to Justin Taylor."
"Yes."
Justin inquired, a little petulantly, "Your honor, sorry for interrupting, but…don't I get a say in who is allowed to come here on my behalf?"
Judge Stanton chuckled. "Unfortunately, because you are still a minor, anyone with relevant information about your situation may come forward to protect your well-being, whether or not you wish it."
Justin nodded slowly and frowned. Brian stroked the boy's hand with his thumb until he relaxed visibly.
Judge Stanton cleared his throat. He directed, "You two have a seat at the other table. Please do not interrupt. I will question you in turn after the bailiff swears you in. Once I have, Mr. Taylor's lawyer may cross-examine you."
Judge Stanton called Justin's father to the witness stand first. The bailiff swore him in and then the judge asked, "Justin claims that you forced him to leave your home. Is that true?"
Craig stated firmly, his face blank, "Yes."
"Why?"
"I found gay pornography in his bedroom. I demanded that he explain. He said that he was gay. I informed him that I would not allow him to live a perverted lifestyle. That in my house there were rules. He was not to discuss homosexuality, view anything related to homosexuality, or engage in homosexual relations with anyone while living under my roof. Justin told me that he would not obey my rules, so I ordered him to leave."
"By 'gay pornography,' do you mean drawings he himself made?"
Craig clenched his jaw and answered, "Yes."
"But Justin's an artist, isn't he?"
Craig retorted contemptuously, "Yes. He's a pansy artist and a faggot. I guess those things go hand in hand."
Brian narrowed his eyes and squeezed Justin's hand, but said nothing.
Judge Stanton asked, "Did you tell Justin that he could not take anything with him when he left your home?"
Craig hissed, "Yes! I did not want to in any way enable his indecent lifestyle."
"I see. Did you also throw him across his bedroom and into his dresser, causing him to develop a bruise?"
"Yes. That was the only time I became violent with my son. Under the circumstances, I don't see that I have done wrong. I was trying to stop him from falling any further into debauchery. Sometimes, a boy needs to be disciplined physically."
"Have you attempted to locate Justin since then?"
"No."
"Then how do you come to be here today?"
"Lindsay Peterson informed me about the situation, and I felt it my duty as Justin's father to try to rescue him and his child from Mr. Brian Kinney, who has caused Justin to fall deeper into perversion."
Judge Stanton raised an eyebrow and repeated, "His child?"
Craig retorted disdainfully, "That's right. This man, 12 years Justin's senior, knocked him up! Disgusting!"
Judge Stanton contemplated Justin's previous description of he and Brian's relationship. Suddenly, his eyes lit up. He inquired, "Justin, you said that the nature of your relationship with Mr. Kinney changed after four weeks. Was the cause your learning that he had impregnated you?"
Justin blushed a little, but answered firmly, "Yes."
"Could you describe the nature of your relationship in the first four weeks and then afterward?"
Justin shifted uncomfortably in his seat, but then replied, "Uh, sure. When I learned that I was pregnant, Brian was with me. I'd fainted at work, so he accompanied me to the hospital. The doctor informed us that I was pregnant."
Craig barked, "How do you even know that it's his? Gay men are notoriously promiscuous."
Justin's eyes burned with rage, but he replied coolly, "I have never had sexual intercourse with any other man, or woman, for that matter." He stressed "sexual intercourse" and "man" to make his father squirm and squirm uncomfortably he did.
Judge Stanton warned Craig to refrain from questioning Justin and said, "Go on, Justin."
"When Brian learned I was pregnant, he asked me whether I would like us to give monogamy a try. I hadn't been with anyone else, but I was allowed to before then, per our agreement. I said that I would like that (to give monogamy a try) very much. That was the first relationship change. Then a week later, Brian asked me to be his boyfriend. Until then, we hadn't given our relationship a label. About six weeks later, he asked me to marry him, well, to enter into a civil union with him in Vermont, which is actually why I'm here. I need to be at least 18 or emancipated for that. We even discussed moving to Vermont, but we have since decided against it."
Judge Stanton nodded. He asked Craig, "So you wish for the court to place Justin back in your home?"
"Yes."
Justin's eyes widened. He whispered frantically to Mr. Pliny, "Can that happen? Could I be forced to live there again?"
Mr. Pliny stated softly, but firmly, "Brian and I aren't going to let that happen."
Justin looked at Brian, a frightened look in his eyes. Brian caressed the boy's cheek with his free hand. Then, he whispered confidently, "Not gonna happen." Justin stared at the man for a long moment, but then relaxed a bit and declared softly, "I trust you."
When they turned their attention back to the proceeding, they heard the judge ask Craig, "On what basis do you ask the court to make such a ruling? By your own admission, you told Justin to leave, and you have not attempted to find him in the three and a half months he's been gone."
Craig declared icily, "Sodomy is still against the law in 17 states. In some states where sodomy is not illegal, there are still laws giving the age of consent as 18."
Judge Stanton looked at the man in confusion. "But not in Pennsylvania. The sodomy law was repealed here five years ago, and the age of consent in Pennsylvania is 16. In having sexual intercourse with Justin, Mr. Kinney has broken no law."
Craig sputtered, "But if one-third of the country deems homosexual acts illegal, and part of the rest deems such acts illegal with people under the age of 18, surely that must speak to homosexuality's potential for corruption."
Judge Stanton snapped in annoyance, "Here, all that matters is Pennsylvania law."
Craig crossed his arms and harrumphed.
Judge Stanton asked the lawyer, "Would you like to cross-examine the witness?"
Mr. Pliny replied, "No" and smiled. Judge Stanton had done a fair cross-examination on his own.
The judge dismissed Craig and then called Lindsay to the witness stand. Once the bailiff swore her in, Judge Stanton asked, "What is your interest in this matter? On what basis do you contest the emancipation request?"
Lindsay frowned and exclaimed 'sadly,' "Brian Kinney is corrupting that poor boy! He and especially his child need to be in a safe healthy environment."
"In what way is Mr. Kinney's residence unsafe or unhealthy?"
Lindsay replied smugly, "Last time I checked, he kept poppers, or amyl nitrate, and ecstasy in the refrigerator. And not much else."
Judge Stanton looked at Brian. For the first time since the hearing began, Brian addressed the judge. He responded coolly, "You can search the loft and give me a drug test. You won't find anything. It's true that I used to go clubbing…"
Lindsay interjected, "Every night. And have sex with anything that moved."
Brian glared at her for a moment, but then continued, "As I was saying, I used to go clubbing, not quite every night, but nearly so, and while there, I had sexual relations with a great many men and indulged in poppers and ecstasy. However (he paused and when he continued, a tenderness could be detected in his voice), my life changed when I met Justin. Suddenly, I was going out only once or twice a week, and when I learned he was pregnant with my child (he stressed "pregnant" and "my child" to piss Lindsay off), I stopped going out and sleeping around altogether. (resolutely) I will never be perfect, but I always keep my promises, which is why I don't make them lightly. But I have promised to be faithful to Justin, and I asked him to sort of marry me. I intend to build a life with him and our child."
Justin gazed at Brian lovingly as he said this.
Judge Stanton was taken aback by the strength of Brian's conviction. After he recovered, he asked pointedly, "Mr. Kinney, do you love Justin?"
Brian didn't even blink. He stated clearly, "Yes, I do."
Justin wiped away a tear and kissed Brian's cheek. Brian smiled softly at the boy in response.
At this point, Lindsay lost control. She shouted, "That's a damn lie! Was it not you, Brian, who told me as recently as four months ago that you didn't believe in love, that you never wanted to settle down, and that you didn't think gay men could ever have a successful long-term relationship?"
Judge Stanton's eyes widened. He asked Brian, "Is this true?"
Justin tensed up and was on the edge of his seat waiting (figuratively, not literally) to hear how Brian would answer.
Brian rolled his lips into his mouth for a moment, but then nodded. "That's right. I never believed in love, monogamy, or marriage between gay men, that is…before I met Justin."
The judge actually smiled. It wasn't a grin by any means (he showed no teeth), but he really smiled.
Judge Stanton asked Mr. Pliny, "Would you like to cross-examine the witness?" but the lawyer again declined. Lindsay had done most of his job for him. Brian had done the rest.
Judge Stanton announced, "I think I've heard enough. Justin, not only have you managed to carve out a wonderful new life for yourself outside of your parents' home and, miraculously, with no support from or contact with your family and beginning with nothing except the kindness of a stranger, but you have also taught a jaded playboy to love. For both, you should be commended. I wish you the best of luck and leave you with the solemn hope that you one day pursue your planned studies at the Pittsburgh Institute of Fine Arts."
Justin smiled brightly. "I will, your Honor."
Brian's face remained impassive, but his eyes were bright.
Judge Stanton nodded. "Justin Taylor's emancipation request is hereby granted." He signed the necessary document and handed it to the bailiff, who, in turn, handed it to Mr. Pliny. Then, the judge banged his gavel.
"Court dismissed."
Justin hugged Brian tight, and, then, both he and Justin shook hands with Mr. Pliny. On their way out of the courtroom, Jennifer Taylor called softly, "Justin…"
Justin stopped for a moment and looked at her sadly, but then turned, took Brian's hand, and walked away. He might one day forgive her for allowing his father to send him out into the world with nothing and perhaps even for supporting his father and Lindsay in their attempt to separate him from Brian, the father of his baby girl, but not today.
