The American Bar Association (ABA), the nation's largest
legal group, approved a policy on August 12th that supports equal
protections for all children, regardless of the sexual orientation or
marital status of their parents. The 410,000-member group may now lobby
for laws that would permit both members of a same-sex couple, or
unmarried heterosexual couple, to establish a legal relationship to the
children they are raising together.
"This is a great day for millions of children who just gained
one more important ally in the fight for their most basic right to a
legal relationship to both their parents," said Lisa Bennett, who runs
HRC FamilyNet, the family project of the Human Rights Campaign
Foundation. "It reflects a growing consensus among leading medical,
psychological and legal organizations that the best interest of children
lies in supporting – not undermining – their families."
When children are denied a legal relationship to both parents
due to discrimination against their parents' sexual orientation, they
may be denied Social Security survivor benefits, health care insurance
or the ability to have either parent authorize medical treatment in an
emergency, among other protections.
Seven states (California, Connecticut, Massachusetts, New
Jersey, New York, Pennsylvania and Vermont) and the District of Columbia
guarantee same-sex couples access to second-parent adoption. Another 16
states have granted second-parent adoptions – which allows both same-sex
parents to establish a legal relationship with their children – in
certain counties only.
"The census revealed just how widespread gay and lesbian
parenting is," said Bennett. "Now it's time to ensure that none of
these children are left behind."
One out of three lesbian couples and one out of five gay male
couples living in the same household are raising children, according to
the 2000 census. The census did not ask questions about sexual
orientation. Rather, gay and lesbian families were understood to be
households where the respondent identified another same-sex adult in the
house as his or her "husband/wife" or "unmarried partner."
The ABA's statement is its third on gay and lesbian parents. In
1995, they called for the elimination of discrimination against same-sex
parents in custody and visitation disputes. And in 1999, they supported
the elimination of discrimination in adoption.
In 2002, the American Academy of Pediatrics, American
Psychoanalytic Association and American Academy of Family Physicians
issued policy statements in support of second-parent and joint adoption
rights for same-sex couples.
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