Jennifer Cramblett, the white lesbian woman from Ohio who made headlines for her “wrongful birth lawsuit” with a Black child, has to regroup if she wants to successfully sue the bumbling Illinois sperm bank.
A judge recently tossed out her claim for its lack of legal merit, reports the Chicago Tribune.
Cramblett filed suit at the tail end of 2014 after the Midwest Sperm Bank gave her donor No. 330 and 380, a mistake they blamed on their archaic paper records system. Yet, despite the obvious mishap, Cramblett’s claims could be perceived as borderline racism opposed to actually duress.
“Jennifer’s stress and anxiety intensify when she envisions Payton entering an all-white school,” part of the lawsuit read. “Ironically, Jennifer and Amanda moved to Uniontown from racially diverse Akron [Ohio], because the schools were better and to be closer to family.”
“Jennifer is well aware of the child psychology research and literature correlating intolerance and racism with reduced academic and psychological well-being of bi-racial children.”
There was also a bit of keeping up with the appearance of the girl, now three-years-old, to blend in with her fellow race.
“Getting a young daughter’s hair cut is not particularly stressful for most mothers, but to Jennifer it is not a routine matter, because Payton has hair typical of an African American girl,” the lawsuit said. “To get a decent cut, Jennifer must travel to a black neighborhood, far from where she lives, where she is obviously different in appearance, and not overtly welcome.”
Cramblett also argued that her “unconsciously insensitive” family members might not be able to accept Payton as she is. The Midwest Sperm Bank apologized and issued a refund for a portion of the transaction, which pales in comparison to the $50,000 lawsuit.
DuPage County judge Ronald Sutter said Cramblett and her partner can refile the suit under a “negligence claim” if they wish.