Homosexual Parenting
The last decade has seen a dramatic increase in homosexuals planning and forming families. However, lesbian and gay parents face many social and legal obstacles. It is almost impossible for a person to be openly gay and raise a child. Now, though, many factors contribute to the fact that homosexuals should be allowed to parent children. Let us evaluate the courts’ approach to granting custody, visitation rights, and adoptions to gays and lesbians, examine why homosexuals should be allowed to parent, and the truth and benefits behind gay and lesbian parenting. First let us evaluate the courts’ approach to disputes involving homosexual parents. The sexual orientation of a parent is often used to incite prejudice—to suggest myths and stereotypes about homosexual parents in order to provoke a denial of visitation or custody according to www.lambdalegal.org. When confronted with lesbian and gay parenting cases, the majority of courts have adopted a “nexus approach,” requiring a clear demonstration that the parent’s sexual orientation actually causes harm to a child before it is deemed relevant. Under this approach, the child’s best interest becomes the main focus of the case, as it should
be. It should be mandatory in all states that when a custody, visitation, or adoption dispute is brought, the best interest of the child should come first, not the sexual choice of the parent. The right of a child to be raised in a loving and emotionally healthy home should not depend on the sexual orientation of the parent. Some variant of the nexus standard has been adopted in 29 states; however, the District of Columbia is currently the only jurisdiction in the country that has an explicit law guaranteeing that sexual orientation by itself cannot be used as a factor in determining custody or visitation. This means that many states still award custody to the “straight” parent instead of examining which parent would provide the best care for the child. The state has an obligation to protect the health and welfare of a child, but when a state solely bases its decision on the sexuality of a parent, the child’s best interest is not taken into consideration, which can often cause a child to suffer psychologically and emotionally. Courts should embrace a “sexual-orientation neutrality” approach to child custody determinations, just as our nation’s capitol has. Long-running myths and misconceptions regarding gay and lesbian parents must be thrown out before all families are protected and respected equally. A family should not be based on the sexuality of the parents, but on the happiness and welfare of the children. Neither courts nor society has the right to determine if a parent is suitable based on his or her sexuality. They need to look further, past the discrimination and stereotypes, to how the family functions. Today, you have heard the courts approach to deeming the suitability of parents, why homosexuals should be allowed to parent children, and the truth about families with lesbian or gay parents. Remember that families come in all colors, shapes, and sizes. Obstacles will continue for gays and lesbians who are seeking to be parents until society crosses the boundaries and releases its stereotypical and discriminatory attitude. Finally, let us look at the truth and benefits gay pa
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Approximate Word count = 1437
Approximate Pages = 6 (250 words per page double spaced)
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