August 7, 2007

A baby step in the right direction

Posted in Children and adolescents, GLBT issues, Law at 2:13 pm by The Lizard Queen

While reading yesterday about the situation in Indiana in which two men who have been partners for twenty-five years are being kept apart by one man’s parents after that man suffered an aneurysm, I came across a comment that caught my attention. In that comment, which I unfortunately can’t seem to find, a woman stated that she was concerned about what would happen to her [adopted] children if something happened to her partner, the children’s biological mother, when they were visiting family in Oklahoma, since that state wouldn’t recognize her parental rights. Thus I was pleased to come across this news today:

The 10th U.S. Circuit Court of Appeals, sitting in Denver, has upheld a lower court ruling that struck down an Oklahoma law described as being so extreme it had the potential to make children adopted by same-sex couples in other states legal orphans when the families are in Oklahoma.

”We hold that final adoption orders by a state court of competent jurisdiction are judgments that must be given full faith and credit under the Constitution by every other state in the nation,” the 10th Circuit said in its ruling.

Huzzah. There are details and analysis over at Ed Brayton’s blog, along with commentary:

This law would, for legal purposes, destroy families. Don’t tell me you value families when you push a law that denies adopted children the only parents they’ve ever known and all the protections that come with that parental relationship. If that is your position, you don’t give a damn about children; the only thing you care about is your twisted, bronze age moral code and your ability to inflict it on others.

I’ve mentioned before that I don’t always agree with Brayton, but I think we’re generally in accord when it comes to issues relating to same-sex marriage and parenting rights. The fact of the matter is that laws like this often have the effect of — or at least potential for — taking children away from loving families, from the only parents they’ve ever known. That has nothing to do with “family values” and everything to do with heterosexual self-righteousness and fear of upsetting the status quo.



  1. Evil Bender said,

    But…but…they’re have the same genitalia! Won’t somebody think of the children? They might catch Teh Gay!!1!

  2. luaphacim said,

    Think of the children indeed. 🙂

    One would expect strict constructionists to approve of this decision — Tenth Amendment and all that. Really, any other decision in this case would undermine the rights of the entire nation — good for the 10th Circuit Court of Appeals.

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