This section contains the nature of the case and procedural background.

Ernest (H) and Cheryll (W) were married in 1973. They had a son and were divorced in 1976. W got custody of the son. H was given liberal summer visitation and alternating holidays. Shortly before the decree was entered in Colorado, W moved for Washington and now lives in Renton with her new husband Ronald. H them moved to San Francisco and now resides in Concord about 20 miles east of San Francisco. In 1980, H decided that he would like his son to visit him in California and W refused. H filed a motion for an order clarifying his visitation rights. The trial court denied H's request; the existing pattern of visitation in King County, home of H's parents was fair, reasonable, and in the best interests of the child. H was homosexual and lived with his lover. The trial court made extensive comments about its aversion to that lifestyle. H appealed.

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