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GAY FAMILIES.   Term Paper ID:22057 Click to get this paper

Essay Subject: Legal, social & ethical analysis of gay parenting, adoption, same-sex marriage.... More...

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Paper Abstract: Legal, social & ethical analysis of gay parenting, adoption, same-sex marriage. Paper Introduction: THE GAY FAMILY: PARENTING, ADOPTION AND SAME SEX MARRIAGE Over the past quarter century, gay rights have come to the forefront of the American political arena. Gays have continually and adamantly sought equal treatment before the law in all areas of public and private life. Two of the more visible conflicts that have recently occurred as a result of this struggle include the furor that erupted after President Clinton announced his intention to lift the ban on gays in the Armed Forces and the rancorous debate regarding New York City’s decision to include pro-gay reading material in its elementary school system. One particular area of gay rights that has caused increasing conflict recently is the issue of gay parenting, specifically gay marriage and adoption. As the right of heterosexuals to marry has been continually recognized by the state as inalienable, gays are seek Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. He reasons that to place a gay or lesbianadolescent in the home of otherwise desirable parents with deeply rootedprejudices would not be in the interest of the child if they might bevictimized by these prejudices: "Neither gay nor nongay parents necessarilyhave the skills that these children need" (Evall, 1995, p. Conservatives and the religious right would argue that gays arehomosexual by choice and that, as their choice is an inherently immoralone, granting them special protection that would not be granted to immoralgroups is destructive to the Constitution. Sexual orientation and adoptive matching. Adoption agencies can also prevent gays and lesbians fromadopting: "caseworkers who don't like gay people, or who don't think thatthey make good parents, can keep gay people out of the system" (Evall,1991, p. Adoption of children by gays has also run into much opposition,however. 1 25-1 42). Theperception of those opposed to gay adoption is that children cannot beraised effectively by homosexual couples and that continued obstacles togay adoption simply reinforce the belief that homosexuality is unhealthyand immoral. It doesn't change what it is (McMillan, 1995, p. . Onesuch defense is that, as gays would presumably not have children byaccident, more planning goes into preparing for parenthood and there isless chance of an adoptive child being placed in an abusive home.Furthermore, they argue that the main criterion for adoption should bewhether an applicant would be a good parent. Arguments against gay marriage include the religious argument: menand women were created for each other and not for homosexual relations.Also, some argue that the very definition of marriage expressly means a manand woman. 1). Supreme Court. The couples weredenied marriage licenses, and the Supreme Court justices found the denialto be sex discrimination. Is it right to grant homosexualsthe benefits of marriage, the income tax advantages, the right of spousalsupport, the right to enter into prenuptial agreements, the confidential-marital-communication exception when giving testimony and the right tobring wrongful-death action after the death of a spouse without grantingsuch privileges to unmarried heterosexual couples? 356). Alaska legislators have proposed similar legislation, and theSouth Dakota state Senate recently defeated a ban on gay marriage onlyafter the legislation had passed the house (Boxall, 1995, p. 167). Twoof the more visible conflicts that have recently occurred as a result ofthis struggle include the furor that erupted after President Clintonannounced his intention to lift the ban on gays in the Armed Forces and therancorous debate regarding New York City's decision to include pro-gayreading material in its elementary school system. Furthermore,gays argue that their constitutionally granted right to equal protectionunder the law should extend to all areas of family life, including theright to adopt children (Nava & Dawidoff, 1994, p. recognize such marriages? On the issue. As the right of heterosexuals to marry has been continuallyrecognized by the state as inalienable, gays are seeking political andpublic recognition of their long-term commitments as well. This argument has not beenborne out by research, however. One way that many gays are answering this argument is by adoption.This offers gay couples the opportunity to prove their effectiveness asparents. and whether appellant'sinterest in children includes an unnatural or abnormal sexual interest orintent (Evall, 1991, p. Marital status is simply onefactor of many factors. . Gays believe it would be unfair to grant anadoption to a financially and emotionally unstable couple over afinancially and emotionally stable couple simply based on marital status.If a birth mother prefers a child to be placed with a gay couple, shouldnot her wishes be honored (Olivo, 1995, p. If Patterson and Shepherd-Look are correct and more research such astheirs becomes widely accepted, legal and social pressures may beginchanging. Martin's.Olivo, A. As of this writing, the defendant must prove"compelling state interest" for the same-sex marriage ban to remain: "Legalexperts say that is one of the toughest legal standards, rarely met exceptin cases of national security or public safety" (Boxall, 1995, p. Also, some believemarriage would lend an air of legitimacy to gay relationships, a legitimacythat is lacking in the eyes of mainstream heterosexual America. This resistance is stronger in certain states than in others. To deny them suchrights is to attack the foundation of the country (Nava & Dawidoff, 1994,p. M-5.Nava, M., & Dawidoff, R. . . REFERENCESBoxall, B. Another belief of those opposed to gay adoption is that children ofhomosexual couples will grow up more likely to become homosexual themselvesand may develop psychological problems as well. ForHardman, attempts of gay couples to teach morality are hypocritical. (1991, Fall). 348). B-2). In opposition to this perspective, Sara Hardman, chairwoman of thepolitically active Christian Coalition, has asserted that gay and lesbianbehavior is inherently immoral and that children should not grow up in anenvironment that would be detrimental to their moral perspective. 354). 136). Created Equal: Why Gay Rights Matterto America. (1995, April 2). A trenchant observation is made by Joseph Evall in an articlepublished in Family Law Review. One particular area of gay rights that has caused increasing conflictrecently is the issue of gay parenting, specifically gay marriage andadoption. From women's suffrage through the fightfor racial equality in the early 196 s, each oppressed group has turned tothe constitution and the bill of rights for protection from the majority.Gays argue that to strip them of their rights or to deny them their rightsis not only biased, it is short-sighted as well. States with anti-sodomylaws are expected to demur if Hawaii chooses recognition, and some legalexperts predict that the matter will eventually be presented before theU.S. In1993, the Hawaii Supreme Court ordered a lawsuit filed by two gay couplesto be returned to the state's lower courts for trial. . A-1). B-2)? . Even deeper fears were expressed by a judge for the Arizona Court ofAppeals in denying petition for adoption by a bisexual man: [I am concerned] with three main topics: whether appellant would"proselytize" homosexuality . They hold that marriage is a heterosexualact exclusively, and an institution that is in danger. before we say . Arguments for the recognition of gay marriage and support for gayadoption are much the same arguments that have characterized other civilrights struggles through the 19 s. Wilson has gone on record as favoringadoption of children by "couples who have formalized their relationshipthrough a legal marriage" (Olivo, 1995, p. THE GAY FAMILY: PARENTING, ADOPTION AND SAME SEX MARRIAGE Over the past quarter century, gay rights have come to the forefrontof the American political arena. If they are the oppressedgroup of the moment, another group down the line will be persecuted aswell, a group that might include those who are currently doing thepersecuting. Also, Dr. Dee Shepherd-Look, professor of psychologyat California State University at Northridge has stated the following:"There is plenty of data showing that children of gay parents do not becomehomosexuals in any greater number than does the population at random"(Olivo, 1995, p. B-2). B-2. New York: St. Neither gays nor singles should adopt.Los Angeles Times, p. As well, domestic partners would be granted survivorship rightsas spouses, with the legal right to mutually held funds. whether an appropriate parent-childbond could be created with a bisexual . The "full faithand credit" clause of the federal Constitution requires states toacknowledge one another's laws and official acts. Family Law Quarterly, pp. Alsostanding in opposition to recognition of gay marriage are many rank-and-file Americans who, while neither conservative nor opposed on religiousgrounds, find homosexual behavior distasteful; they experience what authorsMichael Nava and Robert Dawidoff call "The Ick Factor" (Nava & Dawidoff,1994, p. . These citizens have a resistance to same- sex relationshipsthat hinders a groundswell calling for legalization of gay marriage fromdeveloping. Charlotte Patterson of the University ofVirginia Department of Psychology published a literature review in ChildDevelopment in which she concluded that children raised by gay and lesbianparents develop as normally as children of heterosexual parents (Patterson,1992, pp. Another obstacleto legal recognition of gay marriage is the perception that marriage ismeant for procreative purposes. (1995, March 26). . Judges who award adoptions and custody may look to individualsand their various positive and negative qualities, rather than placing thepresumptive burden on gays that they are prima-facie psychologically unfit. Others have theirown arguments against marriage. The attempt by the gay population to win civil recognition of theirrelationships has met with considerable opposition, most vocally frompolitical conservatives and mainstream religious denominations.Conservatives and clergy have generally disapproved of gay marriage,regarding it as anti-family, immoral or invalid by definition. In March, 1995, California Governor Pete Wilson overturned aDepartment of Social Services directive that would have made it easier forgay couples to adopt children. Hawaii justices open door to legalizinggay marriages. . If Hawaii decides to recognize gay marriage, another problem willemerge: must the rest of the U.S. Employer-funded health benefits would be extended to all domesticpartners universally, rather than in selected geographic pockets as is thecase now. For many gays, Wilson'sstand plays into stereotypical and biased views of the gay community. Susan McMillan, in a column written for the Los Angeles Times,articulated many of the concerns of those opposed to gay adoptions: How many more years do we need to view the catastrophic rise incrime . A-1). Don't ourchildren deserve dual gender guidance, dual gender discipline and dualgender nurturing? children need both mothers andfathers to become complete well-rounded individuals? Not all gays are in support of gay marriages, however. (1994). A billforbidding recognition of gay marriage passed the Utah legislature inMarch, 1995. Los Angeles Times, p. (1995, March 17). . Part of its reasoning stated that"the concepts of homosexuality and adoption are so inherently mutuallyexclusive and inconsistent, if not hostile" that it would be "impossiblefor the child to pass as the natural child of the adoptive family" (Evall,1991, p. If marriage is instituted for theperpetuation of humanity, then homosexual relationships are not fullyparticipating in the marriage relationship. A-1.Evall, J. M-5). Gays contend that their desire for equal protection under thelaw falls under the purview of the constitution, regardless of their sexualorientation; the constitution applies to all Americans. Gays argue that, in addition to their constitutional right to beaccorded the privilege of adopting a child, just as heterosexuals areaccorded that right, many other reasons support their desire to adopt. Gays have continually and adamantly soughtequal treatment before the law in all areas of public and private life. 356). Trying to change the definition of the family byallowing gay men and lesbians to adopt is like calling a cubiczirconia a diamond. . Los Angeles Times, p. As homosexuals continueto press for full recognition of their rights and as the Religious Rightcontinues to uphold its moral convictions, the two intransigent positionsshould meet more frequently in the courts of America. Legal protection of same-sex marriage would provide many advantagesto gays. 347-379.McMillan, S. Why, they argue,should they participate in a process that is meaningless to them and may infact damage their personality as they perceive marriage to damage thepersonalities of heterosexuals? Homosexual marriage, therefore, is an oxymoron. One state that is currently wrestling with the problem is Hawaii. Some lesbianshold that the institution of marriage is by definition a patriarchalinstitution, and therefore it is in any form anathema. In the case Charles B I, the Supreme Court of Ohio found thathomosexuals are not eligible to adopt. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.