Theodore J. Ste, Child Ctody and Visatn: The Rights of Lbian and Gay Parents, Social Service Review, Vol. 70, No. 3 (Sep., 1996), pp. 435-450
Contents:
- LBIAN AND GAY PARENTG
- CTODY RIGHTS OF LBIAN AND GAY PARENTS RX: THE IRRELEVANCE OF CONSTUTNAL PRCIPL
- LBIAN AND GAY PARENTS CHILD CTODY AND VISATN DISPUT
LBIAN AND GAY PARENTG
Inclus a summary of rearch fdgs on lbian mothers, gay fathers and their children, an annotated biblgraphy of the published psychologil lerature and addnal rourc relevant to lbian and gay parentg. * gay parenting custody *
” In four of the s, the genr-affirmg mothers lost legal and/or physil ctody of their ia that supportg or enuragg a child’s genr nonnformy is the mark of an “unf” parent has roots gay and lbian parents’ ctody battl durg the 1970s and 1980s.
CTODY RIGHTS OF LBIAN AND GAY PARENTS RX: THE IRRELEVANCE OF CONSTUTNAL PRCIPL
Disput over ctody and visatn n arise when a marriage ends and one parent out as gay or lbian. The heterosexual parent may seek ctody or may seek to rtrict the activi of the gay or lbian parent, or the prence of the parent’s same-sex partner, durg visatn. A gay ... * gay parenting custody *
As LGBTQ parents stggled to mata ctody of children after g out, they employed experts whose arguments were signed to assuage hostile judg, but which unwtgly created a standard that today puts parents like Geulas at risk of losg ctody of their the midst of the gay liberatn and lbian femist movements, many married men and women me out as gay or lbian.
Faced wh the arguments, untls gay and lbian parents lost ctody and visatn ti began to turn when gay and lbian parents lled on psychiatric experts to ttify their fense, cludg Richard Green, one of a group of psychiatrists who fought to remove homosexualy om the Amerin Psychiatric Associatn’s list of mental illns 1973. Instead, even as they fend the fns of LGBTQ parents, the experts ntued to ame homosexualy and genr nonnformy as negative tras that “good” parents would help their children dog so, they created a legal rerd, and psychologil study evince that today n be wield as a weapon agast parents who support their children’s transgenr or genr-nonnformg inti.
The discrimatn they are facg fay urt today for supportg their children’s genr is a product of ntemporary opposn to transgenr visibily, but is also a legacy of gay and lbian ctody s that ma children’s genr and sexual normativy a basis for ctody termatns. Unlike heterosexual parents and their children, however, lbian and gay parents and their children are often subject to prejudice bee of their sexual orientatn that n turn judg, legislators, profsnals, and the public agast them, sometim rultg negative out, such as loss of physil ctody, rtrictns on visatn, and prohibns agast adoptn (ACLU Lbian and Gay Rights Project, 2002; Appell, 2003; Patterson, Fulcher, & Waright, 2002). As this summary will show, the rults of existg rearch parg lbian and gay parents to heterosexual parents and children of lbian and gay parents to children of heterosexual parents are que clear: Common stereotyp are not supported by the data.
LBIAN AND GAY PARENTS CHILD CTODY AND VISATN DISPUT
Dpe the persistence of anti-gay bias some stat, judicial rpons to lbian and gay parents have improved dramatilly over the past four s. * gay parenting custody *
The relevance of this cricism has been greatly rced as rearch has expand to explore life a wir array of lbian mother and gay father fai (many of which have never lived through the divorce of a heterosexual uple), and as newer studi beg to clu a wir array of ntrol groups. Other cricisms have been that most studi have been based on relatively small sampl, that there have been difficulti wh asssment procr employed some studi, and that the classifitn of parents as lbian, gay, or heterosexual has been problematic. An expert readg of the Sarantakos article reveals that certa characteristics of s methodology and sample are highly likely to have skewed the rults and renred them an valid ditor of the well-beg of children raised by gay and lbian parents at least three rpects:.
The children raised by gay and lbian parents experienced unually high levels of extreme social ostracism and overt hostily om other children and parents, which probably acunted for the former's lower levels of teractn and social tegratn wh peers (see pp. Some nonscientific anizatns have attempted to nvce urts that there is an actual scientific dispute this area by cg rearch performed by Pl Cameron as supportg the existence of fics gay and lbian parents or their children pared to heterosexual parents or their children. Three ncerns have historilly been associated wh judicial cisn makg ctody ligatn and public polici erng foster re and adoptn: the belief that lbians and gay men are mentally ill, that lbians are ls maternal than heterosexual women, and that lbians' and gay men's relatnships wh sexual partners leave ltle time for ongog parent-child teractns (ACLU Lbian and Gay Rights Project, 2002; Falk, 1989, 1994; Patterson et al., 2002; Patterson & Reddg, 1996).
Many years ago, the Amerin Psychiatric Associatn removed "homosexualy" om s list of mental disorrs, statg that "homosexualy per se impli no impairment judgment, stabily, reliabily, or general social or votnal pabili" (Amerin Psychiatric Associatn, 1974). The cisn to remove homosexual orientatn om the list of mental disorrs reflects extensive rearch nducted over three s showg that homosexual orientatn is not a psychologil maladjtment (Gonsrek, 1991; Hart, Roback, Ttler, Wez, Walston, & McKee, 1978; Reiss, 1980). There is no reliable evince that homosexual orientatn per se impairs psychologil functng, although the social and other circumstanc which lbians and gay men live, cludg exposure to wispread prejudice and discrimatn, often e acute distrs (Cochran, 2001; Freedman, 1971; Gonsrek, 1991; Hart et al., 1978; Hooker, 1957; Meyer, 2003; Reiss, 1980).
Rearchers reviewed the current law relatg to gay and lbian parents and child ctody cisns as well as the rearch on gay and lbian parentg and, on the basis of this review, offered several remendatns. * gay parenting custody *
Beliefs that lbian and gay adults are not f parents likewise have no empiril foundatn (Anrssen, Amlie, & Ytteroy, 2002; Brewaeys & van Hall, 1997; Parks, 1998; Patterson, 2000; Patterson & Chan, 1996; Perr, 2002; Stacey & Biblarz, 2001; Tasker, 1999; Victor & Fish, 1995). A recent study of 256 lbian and gay parent fai found that, ntrast to patterns characterizg the majory of Amerin parents, very few lbian and gay parents reported any e of physil punishment (such as spankg) as a disciplary technique; stead, they were likely to report e of posive techniqu such as reasong (Johnson & O'Connor, 2002). Certaly, rearch has found no reasons to believe lbian mothers or gay fathers to be unf parents (Armto, 2002; Barret & Robson, 1990; Bigner & Bozett, 1990; Bigner & Jabsen, 1989a, 1989b; Bos et al., 2003, 2004; Bozett, 1980, 1989; Patterson, 1997; Patterson & Chan, 1996; Sbordone, 1993; Tasker & Golombok, 1997; Victor & Fish, 1995; Wton, 1991).
For stance, one such ncern is that children brought up by lbian mothers or gay fathers will show disturbanc genr inty and/or genr role behavr (Falk, 1989, 1994; Hchens & Kirkpatrick, 1985; Kleber, Howell, & Tibbs-Kleber, 1986; Patterson et al., 2002; Patterson & Reddg, 1996). For example, urts have exprsed fears that children the ctody of gay or lbian parents will be more vulnerable to mental breakdown, will exhib more adjtment difficulti and behavr problems, and will be ls psychologilly healthy than other children.
ABA Divisn for Public Edutn provis general rmatn about child ctody and support, cludg whether or not gay parents n be award ctody, qutn-and-answer format. * gay parenting custody *
Three aspects of sexual inty are nsired the rearch: genr inty, which ncerns a person's self-intifitn as male or female; genr-role behavr, which ncerns the extent to which a person's activi, occupatns, and the like are regard by the culture as mascule, feme, or both; and sexual orientatn, which refers to a person's choice of sexual partners, who may be homosexual, heterosexual, or bisexual (Money & Ehrhardt, 1972; Ste, 1993). Although some children have scribed enunters wh anti-gay remarks om peers (Gartrell et al., 2005), young adult offsprg of divorced lbian mothers did not rell beg the targets of any more childhood teasg or victimizatn than did the offsprg of divorced heterosexual mothers (Tasker & Golombok, 1995, 1997).
Studi of the relatnships wh adults among the children of lbian and gay parents have also rulted a generally posive picture (Brewaeys et al., 1997; Golombok et al., 1983; Harris & Turner, 1985/86; Kirkpatrick et al., 1981; Waright et al., 2004). Much of the existg rearch on lbian mothers, gay fathers, and their children was iated to addrs ncerns that arose for such fai the ntext of child ctody disput, and was apparently signed at least part to exame the veracy of mon stereotyp that have been voiced legal proceedgs. Bee young adolcents are often preoccupied wh their own emergg sexualy, is wily agreed that early adolcence is a particularly difficult time for youth to learn that a mother is lbian or a father is gay (Bozett, 1980; Penngton, 1987; Schulenberg, 1985).
Court cisns that favor a heterosexual parent over a gay or lbian parent a ctody dispute often do not nsir important social science rearch on parentg by gay and lbian dividuals, acrdg to a new review om Drexel Universy. * gay parenting custody *
In summary, rearch on diversy among fai wh lbian and gay parents and on the potential effects of such diversy on children is still sparse (Mart, 1993, 1998; Patterson, 1995b, 2000, 2001, 2004; Perr, 2002; Stacey & Biblarz, 2001; Tasker, 1999). It is clear that existg rearch provis no basis for believg that children's bt terts are served by fay nflict or secrecy about a parent's lbian or gay inty, or by requirements that a lbian or gay parent mata a hoehold separate om that of a same-sex partner. Although those om lbian fai were more likely to explore same-sex relatnships, particularly if their childhood fay environment was characterized by an openns and acceptance of lbian and gay relatnships, the large majory of children who grew up lbian fai intified as heterosexual.
Subjects evaluated vigt pictg eher a gay male uple or heterosexual uple and their adopted son along the dimensns of parentg abily, gree to which the child's problems were attributable to the parental relatnship, distrs of the child (cludg genr and sexual inty nfn), and the extent to which ctody reassignment was perceived to be beneficial. A sgle qutn on relatnship satisfactn revealed no signifint difference between groups reported satisfactn, while the 32-em DAS revealed the gay parentg upl to be signifintly more satisfied wh their relatnships than the heterosexual upl, pecially the area of dyadic hn and affective exprsn. Four issu equently raised ctody s are discsed: Do gay fathers have children to ver their homosexualy, do they molt their children, do their children turn out to be gay disproportnate numbers, and do havg a gay father expose a child to homophobic harassment.