under constant risk of contracting sexually transmitted diseases such as herpes and AIDS” 39 . 32. On January 28, 2003, Ms. Atala responded to the custody suit filed by Mr. López, expressing “the sadness it has caused me to read the libelous allegations and the manner in which what our family life was and, what is today my private life, were described and judged.” Ms. Atala alleged that its text and tone “affected her due to its aggressiveness, prejudice, discrimination, ignorance of the right to homosexual identity, the distortion of the facts it expresses and, finally, its disdain for the best interest of [her] daughters.” She also asserted that “the allegations made regarding [her] sexual identity have nothing to do with [her] function and role as a mother, and consequently, should remain outside the suit, in that issues of connubial relations and sexual choice do not extend to parental relationships, which are the subject of the proceeding.” Finally, Ms. Atala argued that neither the Chilean Civil Code nor the law on minors consider a “different sexual choice” as being grounds for “disqualification as a parent” 40. 33. On January 28, 2003, the Juvenile Court of Villarrica ordered “discovery” for which it decided to establish the following items as “substantial, pertinent and disputed facts”: i) “grounds for qualification and disqualification of parents to have custody of the minors” and ii) the “environment offered by the parents to the minors”. Also, the court decided to set a date for a hearing and request, inter alia, the following items of evidence: i) “psychological report on both parties and on the minors"; ii) “psychiatric report on both parties”; iii) to hear “the minors in question at a private hearing”; iv) “complete socioeconomic report of the respondent and the minors” and v) to request the "Psychology Department of the University of Chile [to confirm] whether any psychological studies exist at the national and international level to show if there are differences between children raised by heterosexual and homosexual couples and the consequences that such circumstances may have in relation to minors”41. 34. A number of media organizations covered the custody suit, including newspapers with national circulation such as Las Últimas Noticias and La Cuarta42. Based on these news reports, and other reasons related to the alleged misuse of remedies at the criminal court of Villarrica where Ms. Atala served as a judge (infra para. 211), on March 19, 2003, the full Court of Appeals of Temuco appointed Judge Lenin Lillo43 to conduct a special visit at the criminal court. 35. On March 11, 2003, Ms. Atala’s representative furnished documentary evidence, requested that six testimonies be admitted and asked the court to carry out other evidentiary proceedings, which was accepted by the trial court44. In addition, the 39 Custody suit filed before the Juvenile Court of Villarrica on January 14, 2003 (record of appendices to the petition, volume V, annex 1, pages 2499, 2500, 2503 and 2504). 40 Response to the custody suit of January 28, 2003 (record of appendices to the application, volume V, appendix 2, pages 2507, 2513, 2516, 2521 and 2522). 41 Court Order of the Juvenile Court of Villarrica of January 28, 2003 (record of appendices to the application, volume I, page 113 and 114). 42 Press release, “Lawyer Demands Custody of his Daughters because Spouse/Judge is a Lesbian”, Newspaper La Cuarta, February 28, 2003; and “Lawyer Demands Custody of his Daughters because his Former Wife is a Lesbian”, Newspaper Las Últimas Noticias, March 1, 2003 (record of appendices to the application, volume V, appendices 3 and 4, pages 2529 to 2532). 43 Report prepared by Minister Lenin Lillo Hunzinker, Court of Appeals of Temuco, April 2, 2003 (case file, volume XII, page 5927). 44 Specifically, the representative furnished the following documentary evidence: i) psychological report of V. and R. of December 2002; ii) psychological report of M. of December 2002; iii) psychological report of the minors and their mother; iv) certification provided by the nurse at the health center attended by the minors, certifying that “there [was] no evidence or physical signs of mistreatment” in the girls; v) copy of the academic reports of M. 15