Good News for GLBT Adoptions
There’s finally some good news for gay and lesbian families when it
comes to putting their rights to a test at the ballot box: A
much-anticipated and highly feared state-by-state push to ban gay and
lesbian people from adopting children seems not to have gotten off the
ground.
Indeed, so far only one state legislature—Ohio—has seen such a bill
proposed, and even there, it appears likely to fail.
Many gay activists had anticipated that a rash of anti-gay adoption
laws might sweep numerous states, on the heels of the successful anti-gay
marriage laws that voters overwhelming supported when they hit the ballot
boxes.
Gay rights activists expected there could be proposed anti-gay adoption
bans this year in Alabama, Arkansas, Georgia, Kentucky, Missouri,
Mississippi, Tennessee and Texas, as well as Ohio.
But so far this year, at least, only Ohio has seen a bill introduced in
the state legislature that would ban gay and lesbian people from adopting
children.
And even there, the bill looks headed for defeat.
The Ohio bill would prohibit a person from adopting "if the
individual is a homosexual, bisexual, or transgender individual; the
individual is a stepparent of the child to be adopted and is a homosexual,
bisexual, or trangender individual; the individual resides with an
individual who the court determines is a homosexual, bisexual, or
transgender individual."
But as soon as this bill was introduced, the state’s GOP House
Speaker Jon Husted called it "divisive," signaling it did not
have the needed support of the Republican leadership there, and would
probably fail.
"There’s growing concern within the Republican Party of
continuing to introduce this divisive legislation," Husted’s chief
of staff, Scott Borgemenke, told the Associated Press. "We don’t
think there’s some cottage industry of homosexual adoptions. We do
believe people are losing their jobs."
These remarks are a sign of hope, coming as they do from the
spokesperson of a GOP House leader in the state that decided George W.
Bush’s presidential victory in the last election—at least in part due
to an anti-gay marriage referendum on Ohio’s ballot.
While Bush’s anti-gay vilification was terribly successful in the
presidential election, it appears that the tactic doesn’t have undue
staying power, and that maybe the tactic isn’t transferable to other
anti-gay issues besides marriage.
There are other signs this is true, especially on the issue of allowing
gay and lesbian people to adopt children. In 2005, seven states saw
measures introduced that would have banned adoption by gay and lesbian
people. In some of those states, the ban would have gone even further and
prohibited gay and lesbian people from becoming foster parents, as well.
But those attempts failed in all seven states.
Currently, only the state of Florida has an outright ban against gay
and lesbian people adopting kids. However, Utah restricts adoptions to
married couples, effectively cutting gays and lesbians out of adopting in
that state. Mississippi prohibits adoptions by gay couples, but not
specifically by gay or lesbian individuals. While Arkansas and Nebraska do
not currently ban gays and lesbians from adopting, they prevent them from
becoming foster parents.
But even in some of these severe instances, the atmosphere may be
shifting.
In Florida, for example, overturning the anti-gay adoption ban in the
conservative state legislature is unlikely. However, this year a bill was
introduced that would give judges the authority to maneuver against the
ban and decide on a case-by-case basis whether or not a gay or lesbian
applicant could provide a good environment for raising a child.
If a judge decided a gay or lesbian person could do so, the judge could
grant that specific person or couple the right to adopt.
The bill was introduced to help gay and lesbian people who are already
foster parents adopt the children in their care. While the bill has been
temporarily tabled in committee, gay and lesbian activists there say it is
not dead, and is even close to passing favorably out of committee.
Studies have repeatedly shown that children raised by gay and lesbian
parents do equally well in development and achievement as children raised
by heterosexuals. Indeed, some studies have suggested that gay and lesbian
couples offer children a slight advantage in academic achievement. Social
scientists have speculated the slight advantage may come from the fact
that same-sex parents, particularly lesbian parents, shower children with
attention, including in their academic endeavors.
There’s absolutely no evidence that children raised by gays and
lesbians suffer, or that those children are any more likely to turn out to
be gay or lesbian than children raised by heterosexuals.
The far right and religious right would have Americans believe that
gays and lesbians want to adopt in order to "experiment" with
children, or as a method of "recruiting." Some have also
suggested that gays may want to adopt kids in order to sexually molest
them, a charge that scientific studies find totally unfounded.
The truth is that many gays and lesbians adopt children that are hard
to place: children with HIV, for example, or children with special
learning needs or disabilities.
Of course, the relatively good news so far on the lack of anti-gay
adoption bills is not a reason to let down our guard. Some activists who
work on this issue recently told the Washington Blade, a D.C. gay paper,
that they think the adoption bills are not sprouting up because it simply
hasn’t been the right timing yet. It is still possible for them to gain
momentum, the activists warn.
But so far, at least, there is some hope in the lack of anti-gay
adoption bills on the legislative scene this year.
Maybe Americans are finally recognizing that the child’s best
interest really is a more important consideration than the unfounded
prejudices of anti-gay fear-mongerers.