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HOMOSEXUALITY AND THE INSTITUTION OF THE FAMILY.
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Impact of changing societal views about homosexuality in the U.S.... More...
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Paper Abstract: Impact of changing societal views about homosexuality in the U.S. Controversies that surround same-sex couples and the families they seek to create. Existing prejudices against homosexuals. The establishment of families; marriage and common-law marriage. Lack of legal protections and social acceptance for same-sex couples. Movement to establish legally-binding civil unions for same-sex couples.
Paper Introduction: This paper is an examination of the impact of changing societal views about homosexuality and the effects of those changes on the institution of the family. While homosexuality has been a part of the human experience from the beginning, society’s attitudes toward homosexual practices and homosexual lifestyles have changed considerably. In American society, this has meant an evolution from shame and disapproval to gradual and increasing acceptance. Yet gay and lesbian marriage remains a difficult concept for most Americans to embrace, and the families that have tried to form around homosexual unions face great barriers to acceptance and legal obstacles for participants, ranging from prohibitions against partner benefits to difficulties in becoming parents and problems accepting gay and lesbian children. This paper looks at the controversies
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He (1996, March 4) quotes Bill Devlinof the Philadelphia Family Policy Council (PFPC), who argues, "Marriage,defined in terms of one man and one woman, has served this planet well forabout 6, years. The movement to establish legally-binding civil unions for same-sexcouples has made some progress worldwide. 911). 64). (2 2, April 8). Lee(2 2, April 8) quotes Alabama Chief Justice Roy Moore, who ruled,"Homosexual conduct is, and has been, considered abhorrent, immoral,detestable, a crime against nature, and a violation of the laws of natureand of nature's God upon which this Nation and our laws are predicated" (p.27). Moore went on to contend that homosexuality: Violates both the criminal and civil laws of this State and is destructive to a basic building block of society - the family. Today, they're more likely the products of artificial insemination or adoption (p. The first way in which a family is established is through marriage.For heterosexual couples, this is a relatively simple course of action. Before she died of cancer, he reports that she had come toaccept him. Dowling (2 , October 23) chronicles one typical lesbian couple with"joint checking and savings accounts, joint ownership of cars and house andstacks of legal papers giving each other power of attorney. 13). . Writer/director/photographer Anthony Rapp (1997, October 28) recountsa similar experience in "coming out" to his mother: "She was confused andhurt and saddened, as I was by her reaction. A same-sex couple who fall in love and decide to make a lifetimecommitment to one another does not have the same legal protections. A famous children's bookfrom the early days of homosexual acceptance told the story of a littlegirl with two "mommies." Parents of homosexuals may find themselves at aloss for the best words to refer to their children's same-sex significantothers. This paper is an examination of the impact of changing societal viewsabout homosexuality and the effects of those changes on the institution ofthe family. (1999, March). (1995, January 21). Frank, D. 27).Moore concludes his ruling by saying, "Protection of the family is aresponsibility of the State" (Lee, 2 2, April 8, p. Sex has ceased to be dominantly associated with the family and procreation and has come to be associated with the individual and pleasure. 27). Aman and woman seeking to make a legally binding and socially recognizedcommitment to one another have an accepted process to follow in order torecognize their union. . Inorder to enjoy some of these protections, a same-sex couple can draw uplegal documents to simulate the kinds of binding connections enjoyed byheterosexual couples, but many of these protections cannot be arrived atlegally outside of the institution of marriage. Vermont has become the first state in America to recognize same-sexunions, the closest equivalent so far to heterosexual marriage. Such acceptance can be critical to the child and to his or her owndecisions about becoming a parent and assuming all the responsibility thatparenthood entails. Most of the rights that come withmarriage, even common-law marriage (in which the relationship isestablished only through the custom of longevity), are available only to amale-female relationship. The Vermont contract is not recognized everywhere,however, and still does not protect the couple as fully as does aconventional heterosexual marriage contract. He is not alone in his opinion, and much resistance continues toface homosexuals and the families they seek to form in contemporaryAmerica. G. Turner, G. In many minds, homosexuality is only about sex, which alreadymakes it difficult to think about. They want to be able to collect pension and other benefits upon the death of a spouse without having to jump through legal hoops. In ruling against granting custody of a child to his biologicalmother who is now in a lesbian relationship, Moore contends, "Thehomosexual conduct of a parent . However, homosexuality remains a controversial issue in part becauseof the threat it poses to the traditional view of the word "family." (Thehomophobic reaction it often engenders, particularly in adult males, isanother psychological issue entirely and the subject of another papercompletely.) The introduction of even one gay or lesbian member, whetherby the introduction of a new person or by the discovery of one in theexisting unit, changes the picture in ways that many people can finddifficult to accept. Steve Gunderson (2 2, May 14) writes: Social conservatives believe gay people are seeking "special rights" by advocating "a gay agenda." Yet it is not a special right for committed same-sex couples to have the same health insurance benefits presently provided by law to husbands and wives. And when a gay or lesbian adopts a child, a second costly legal process is required to extend adoptive parenthood to a partner (p. Becauseof societal prejudice, many homosexuals try to deny their sexuality andenter into conventional heterosexual marriages. Even though parents have been shown to have little impact ontheir children's sexual orientation, their ability to accept their gay andlesbian children can have a powerful psychological impact. More and more same-sex couples, deprived of the opportunity to becomelegally married, choose to celebrate their unions in commitment ceremonies. While such resistance will almost certainly continue to lessen,it is not likely to disappear completely. creates a strong presumption ofunfitness that alone is sufficient justification for denying that parentcustody of his or her own children or prohibiting the adoption of thechildren of others" (Lee, 2 2, April 8, p. In addition to the legal ties that marriage offers, same-sex couplesalso seek social acceptance. Heterosexuality, even with faults such as a highdivorce rate, still needs to be upheld as the norm for a civilized society"(p. A certain percentage of human beings (the exactnumber remains in dispute) will always be sexually attracted to members oftheir own gender. . She told him, "I used to think there was something wrong withyour sexuality, but I know now that it's no different than the color ofyour eyes or your height or your voice. These events usually resemble heterosexual weddings in every respectexcept the legal marriage license, although couples often find themselveswrestling with groundbreaking and sometimes complicated decisions. As legal and social obstacles become easier to overcome forall who wish to become parents, it is likely that homosexual parents willbecome more common, as well. In short, they are seeking recognition as married partners and all the legal and social privileges that accompany such a designation (p. (1997, October 28). Gunderson, S. K5592). (1996, March 4). Where patterns exist thatcan be easily mimicked, same-sex relationships may (at least superficially)resemble their heterosexual counterparts. The parental instinct continues to fuel efforts by homosexualindividuals and gay and lesbian couples to have children by whatever meansare available. The resulting prejudice continues to make being openly homosexual inAmerican society a challenging and sometimes downright dangerous lifestyle. References Allen, J. Life in the Rapp family. 64). Insurance policies, forinstance, do not automatically recognize beneficiaries who are not legallyrelated to one another, and hospitals often have strict rules aboutvisitation rights for seriously ill patients that do not allow unrelatedindividuals access. Robert W. ScienceNews, 147(3), 42. All evidence suggests that homosexuality has always been a part ofthe human condition. It is not a special right for gays to receive the same medical and family leave to care for a sick child or partner. . 26. It is an inherent evil against which children must be protected (Lee ,2 2, April 8, p. While his definition continues to be held bymany in the legal and conservative establishment, increased openness, wideracceptance of homosexuality in general, and a broader willingness to createnew family models in response to many different social forces are expandingthis perspective. J., & McEneaney, E. These rules may begin with the vocabulary of the family. 28). Specific laws vary from state tostate, but most confer benefits such as shared property, spousal insuranceand Social Security benefits, the ability of both partners to becomeparents, and the right to visit a spouse in the hospital, power of attorneywhen the spouse is unable to make decisions, and the right to make burialdecisions after the death of a spouse. Allen (2 1, January 5) writes,"The family today takes a variety of new forms, many in stark contrast tothe blueprint Catholic leaders offer" (p. The Advocate, p.8 . Social Forces, 77(3), 911-913. 27. One important reason for the disturbance it creates is the fact thathomosexuality is defined in many minds entirely by sexual attraction andsexual orientation, and sex is an emotionally-charged issue with mostpeople. Differing societies will view such attraction withdiffering levels of acceptance or abhorrence, but these attitudes willaffect only the public acknowledgments of such attractions, not the actualexistence of them. McEneaney (1999, March) argue that thisshift is due in large part to the changing views of individualism andindividual rights. Parents whose children announce themselves to behomosexual may feel guilty or in some way responsible for a state thatincreasing research has shown to be largely unaffected by an individual'supbringing. People Weekly, 54(17), 64. One expression of this shift is the recent rise and public legitimation of same-sex sexual relations (p. (2 2, May 14). It's just the way you are" (p.26). Claudia Glenn Dowling (2 ,October 23) writes, "The current rift really comes down to differing familyvalues, with Vermonters, like the rest of the nation, struggling to adjustto changes in society that would have been unimaginable just a few yearsago" (p. 65). L. Denmark was the first country in the world to legally recognize same- sex partnerships on October 1, 1989, followed by Norway in 1993, Sweden in 1994, Greenland, Iceland and Hungary in 1996, France and Belgium in 1999, and most recently Germany on November 1 [2 ]. 42). Yet the desire to have children remains a strong impulse in manyindividuals, one that is unrelated to their sexuality, and homosexuals areas likely as heterosexuals to want to become parents to the nextgeneration. . Seeking a right to the rite: gayactivists advance the concept of homosexual marriage. Later, they may find thisdenial intolerable, sometimes after becoming biological parents. Culture Clash: With same-sexrelationships legalized in Vermont, neighbors find themselves in an uncivilwar over family values. Marriagerepresents a social contract that extends beyond a relationship that can beeasily dissolved or abandoned on a whim, and, increasingly, homosexualcouples seek to express this kind of contract for the social statement itmakes, as well as for the legal benefits it reaps. adoption agencies exclude single adults - the only status available to gay and lesbian partners - as eligible adoptive parents. Knight-Ridder/Tribune News Service, p.K5592. Two nations, Holland and Iceland, offer gay couples the right to adopt children . This new wave of gay- and lesbian- headed households differs from those of the 197 s and '8 s, when most children being raised by gays were products of a partner's previous heterosexual union. As individuals have become more central to society, and as models of individuated personhood have been claimed by women as well as by men, many changes have ensued, including a dramatic transformation of sex. 64). The other partner can thenattempt to adopt the child, another expense and not always a successfulone, either, where courts do not universally recognize the seriousness of asame-sex commitment that does not carry the legal weight of marriage. Fighting for the family. In American society, thishas meant an evolution from shame and disapproval to gradual and increasingacceptance. H. Frame, R. Randy Frame (1996, March 4) observes: These couples want the freedom to visit their partners in hospital emergency wards instead of being denied access because they are not considered family. Yet societal attitudes toward changes in thedefinition of "family" are undergoing a fundamental shift, as homosexuality(among other things) has become increasingly accepted by the mainstream.David John Frank and Elizabeth H. 28) and by quotingBlack's Law Dictionary: "The family unit does consist, and always hasconsisted, of a 'father, mother and their children, [and] immediatekindred, constituting [the] fundamental social unit in civilized society'"(Lee, 2 2, April 8, p. 13). 64). Many same-sex couples seek to start a family by creating their own.Some high-profile celebrity couples, such as singer Melissa Etheridge andher then-partner, Julie Cypher, have opted for artificial insemination ofone partner in order to give birth to a child who is biologically relatedto at least one partner. Several Spanish regions have approved same-sex union laws, and Portugal may be poised to do so. (1999, March 16). I always felt it was OK to pursue happiness inrelationships however or wherever or with whomever that path took you" (p.26). 27).While many state laws supporting more liberal and progressive views havebeen slower to change in the deep South than in other parts of the country,Moore's beliefs still represent the thinking of many Americans.Conservative thinking sees same-sex couples as both a prominent indicationof the general deterioration of morality and as one of the leading causesfor such deterioration. Real disregards ideal.National Catholic Reporter, 37(1 ), 13. Rapp quotes his father's much more open acceptance.His father tells him (1997, October 28) that he felt responsible for hisson's bisexuality as a positive thing: "I've always encouraged you toexpress yourself. This paper looks at the controversies that continue to surroundsame-sex couples and the families they seek to create in a society that isstill unsure that such relationships ought to be welcomed, encouraged, or,at the very least, legally recognized. This process then gives them legal obligations andlegal rights as partners in a marriage. However, research has not borneout this fear. Where acceptance is greater, homosexuals will also formfamilies in increasing numbers, continuing to expand the definition of thefamily unit as a social model for cohabitation and for raising children. Some courts express concern that homosexual parents will influencethe sexuality of the children they raise. Yet gay and lesbian marriage remains a difficult concept formost Americans to embrace, and the families that have tried to form aroundhomosexual unions face great barriers to acceptance and legal obstacles forparticipants, ranging from prohibitions against partner benefits todifficulties in becoming parents and problems accepting gay and lesbianchildren. While homosexuality has been a part of the human experiencefrom the beginning, society's attitudes toward homosexual practices andhomosexual lifestyles have changed considerably. They are broadening the definition of family. Writer/actorGuinevere Turner (1997, October 28) recounts her first conversation abouther sexuality with her mother: I was about 13 when I first asked my mom, "What would you do if I turned out to be gay?" Her response was, "I would think I had done something seriously wrong with your upbringing." This disturbed me, not because I thought I was gay but because it was such an uncharitable opinion coming from a woman who otherwise wanted to save the whales and the crack babies of the world (p. Artificial insemination can also be expensive andmay not always work, but it at least gives the couple the possibility ofsimulating a heterosexual parenthood situation. These new family structures do not follow the conventional designs ofestablished religions or societal norms. An increasing number ofcorporations are extending benefits to include "domestic partners," withoutrequiring beneficiaries to be members of the opposite sex, and this trendis likely to continue, despite isolated pockets of resistance. Nevertheless, increased and complete acceptance is not the certainoutcome of this movement. Kay Harvey (1999, March 16)spells out some of the obstacles involved: Without the right to marry, gay and lesbian couples lack certain practical benefits that help couples create joint households and families. Diana Baumrind, a psychologist at the University ofCalifornia, Berkeley observes, "Studies to date show few differences amongchildren of lesbian, gay, and heterosexual couples" (Homosexual Parents,1995, January 21, p. Those who seek to add being a member of a family unit to the mix are oftencompounding the volatility. Nevertheless, it begins toprovide some of the benefits and obligations of the traditional marriage toa same-sex couple and, by so doing, begins to turn a same-sex union intothe traditional basis for the establishment of a family unit. Homosexual parents: all in the family. His views reflect much of established religion, which uses selectedpassages from the Bible to justify calling homosexuality an abomination,and much of conservative society which argues that, because homosexual sexcannot produce children, it must therefore be unnatural. European governments are moving toward a legal redefinition of marriage that includes homosexual couples. W. John. 64). Jr. (2 , October 23). Polls showed 67 percent of Dutch residents supported the move (p. The Dutch government authorized registration of same-sex relationships in 1998, and in September amended that law to make it far more sweeping, giving gay couples the same legal status as married heterosexuals, including the right to adopt children. On the contrary, disfavoring practicing homosexuals in custody matters promotes the general welfare of the people of our State in accordance with our law, which is the duty of its public servants. The law of Alabama is not only clear in its condemning such conduct, but the courts of this State have consistently held that exposing a child to such behavior has a destructive and seriously detrimental effect on the children. (2 1, January 5). Providing for the common good involves maintaining a public morality through both our criminal and civil codes, based upon the principles that right conscience demands, without encroaching on the jurisdiction of other institutions and the declared rights of individuals (Lee, 2 2, April 8, p. Dowling, C. The other reason for establishing a family is to form the setting inwhich to raise children. across the country . However, sexuality still continues to affect custody rulings inmany circumstances, and, therefore, to affect family structures. General society's increasing comfort level at applyingheterosexual vocabulary to homosexual individuals and their same-sexrelationships may be the most accurate barometer of the widespreadacceptance of the new family models that continue to spring up as a result. In addition,many who do not know much about the issue believe that homosexuality is achoice, and that gays and lesbians are able to choose to be heterosexual,despite considerable scientific evidence to the contrary. The NewAmerican, 18 (7), 27-28. Life in the Turner family.The Advocate, p. Christianity Today,4 (3), 64-68. Frame (1996, March 4) writes, "Opponents oflegal recognition for same-sex marriage maintain that it will contribute toa decline in public morality, to the dissolution of the traditional family,and to social instability" (p. (Doboth brides wear wedding gowns, can such ceremonies be held in a church,how should the vows be worded, etc.?) These ceremonies are often the onlyoption for same-sex couples to make a social commitment, and they are not asubstitute for the "real thing" of a legal ceremony of marriage. . It wassuch a case that caused Chief Justice Moore to rule so vehemently, when amother, after admitting her homosexuality, sought custody of her children.Increasingly, courts throughout the country are disagreeing with Moore'sviewpoint and are deciding custody cases without including a parent'ssexuality. A recent case in Alabama demonstrates the prejudice that continues toexist against homosexuality, even within the justice system. L. The thought of same-sex relationshipsis often too much for the conservative mind-set to deal with. He believes that thechoice of a homosexual lifestyle automatically deprives the individual ofcertain legal rights. TheAdvocate, p. 27).She reports now that her mother has accepted her without qualification butadmits that this initial conversation stays with her as a reminder thateven the most liberal parent may have trouble embracing homosexuality inhis or her own family. He argues: To disfavor practicing homosexuals in custody matters is not invidious discrimination, nor is it legislating personal morality. Since civilunions allow for tax and insurance benefits, next-of-kin privileges forsurvivors and other perquisites of marriage, many of those documents are nolonger needed" (p. K5592).In other words, an increasing number of same-sex families are formingfamily units through conscious efforts rather than only through blendedfamilies using existing members to create new relationships. 8 ).While his words may be somewhat ahead of the social tide, prevailing trendssuggest that the majority of American society will eventually be able toaccept same-sex marriages and families that include homosexual members withthe same nonchalance that they now view the traditional family unit. Harvey (1999, March 16) observes: As increasing numbers of gay people make peace with their sexual preference earlier in life, many form committed relationships and yearn to take the next step. Lee, R. This law,which brought many out-of-state couples to New England to celebrate theirmutual commitment, has created a rift in Vermont society that mirrors thecontroversy throughout the United States. Where no existing configurationoffers a useful design, however, same-sex couples are starting to make uptheir own rules. All in the family. . They contend: Over the last half century, social life throughout much of the world has been reconstituted around individualized persons, conceived to embody ultimate authority over their own lives. Rapp, A. Couplesseeking to make a lifetime commitment often struggle with how to refer toone another in social situations; a man referring to his "husband" willstill raise at least eyebrows in most circles. . 26). Allen Jr. Theindividualization of society and the liberalization of state policies onsame-sex sexual relations, 1984-1995. Families are also affected by homosexuality when a parent or a childdecides to "come out" and publicly admit to being gay or lesbian. Many U.S. I spent the next seven yearstrying different ways to get her to understand and accept and love me as Iam" (p. A married couple is, in the eyes of society,more committed, more involved, and more serious about the relationship thanare two people who have simply decided to live together. They want the legal license to make decisions in the event a partner is declared legally incompetent. (2 1,January 5) chronicles the movement's success in Europe: Ten European nations have adopted laws providing for civil registration of homosexual partnerships, with others on the brink of doing so. The cost of adoption from other countries, including travel, ranges from $15, to $25, . This is also much more difficult for same-sexcouples than it is for heterosexual couples. Harvey, K. The more dominant viewpoint, however, will probably become thatexpressed by Evan Wolfson, who is the marriage project coordinator for theNew York City-based Lambda Legal Defense and Education Fund (LLDEF, whocalls marriage in general a "relationship of financial and emotionaldependence between two people in love who make a legal and publiccommitment to each other," with the sex of the two irrelevant to thecommitment itself (Frame, 1996, March 4, p. Families can also be profoundly affected when a child declares his orher homosexuality. (1997, October 28). When we frame our issues as seeking equity and fairness, most Americans will support us (p. Three little girls and their lesbianmoms put a new face on family.
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