Gay Couple: Judge Barred Name Change

5-year-old C.J.'s legal surname is Linn. Legal, but not preferred.

The boy wants to change his last name to Briddes - the surname of his biological mother's partner of three years, Jennifer.

"I love him to death, and he is my child. And that's how I consider him, whether it's legal or not," says Jennifer Briddes.

A couple weeks ago, C.J.'s mom, Kelly, went to court in Media, Pa. to ask Senior Judge Edward Zetusky for permission to legally change her son's last name to Briddes, reported Fox 29's Bruce Gordon.

"Knowing that his father was consenting to it, I expected it to be simple and granted immediately," says Kelly Wilt.

On Wednesday, Kelly and Jennifer got their response: permission denied. The judge believed a name change was not in C.J.'s best interest.

The judge sighted what he called the unstable nature of the boy's environment: mom Kelly had moved around a lot, and, by age 22, had three children by three different fathers.

The couple says they believe the name-change denial had nothing to do with moves or fathers.

"He only did it because we're a non-traditional family," believes Wilt. "Because we're gay. Because we're not a mother and a father, because we are two mothers."

The judge made references to Kelly's description of her relationship with Jennifer in court: her "girlfriend" whom she was "dating."

Kelly says the judge never asked for further clarification.

The couple considers themselves a married couple.

The judge's order says "name changes should be granted based on good sense, common decency and fairness."

These woman believe the ruling was based on "none of the above."

"If she would have walked in there and not mentioned me at all, the name change probably would have been granted," alleges Briddes.

Kelly and Jennifer say they will appeal the name-change denial. A spokesman for Judge Zetusky told Fox 29 because the case is still pending, the judge cannot comment on his ruling.