Friday, December 12, 2014

Issues for Lesbian- and Gay- Parented Families


There are several issues that arise in lesbian- and gay-parented families: One is the rich variety of family constellations they comprise, and the other is that fact they are living in a society that does not yet value rich variety. The tension created by this situation generates unique needs for the approximately 5 million gay and lesbian parents in this country whenever they present themselves to the legal system, the educational system, the mental health profession, religious organizations, the medical profession, or the insurance industry – to name just a few.

Family constellations among lesbian- and gay-parented families are largely quite different from the heterosexually parented nuclear family. The conventional notion of a parenting family contains many presumptions: that there will be two parents, that they will be one of each gender, they will be romantic partners of one another, they will live under one roof, they will both be biologically related to the children they raise, and that they will be recognized legally as a family. This Mom-and-Dad nuclear family is not merely the baseline model in our culture against which all other models are deviant, abut it is also assumed to be an optimal structure for child development, compared to which all other constellations are viewed as having deficiencies which must be overcome.

This is a model, however, which applies to no lesbian and gay parented families. Gay and lesbian parents are heading families with one, two, three, or even four parents. Sometimes there are no men among the parents; sometimes there are no women. Sometimes there are men and women but they are not romantic partners of each other. Some families intentionally comprise more than one household. Sometimes both biological parents are included in the family and sometimes not. Often there is a biological parent who is not a family member at all. Usually there is at least one parent who has no biological relation to the child. And perhaps most important, there is almost always a parent-child relationship that the law does not recognize or protect.

By this time, the ability of lesbian and gay parents to provide just as adequately as heterosexual parents for the social and emotional health of their children has been documented repeatedly in the research literature. Dozens of research studies of gay and lesbian parents were indistinguishable from children raised by heterosexuals.

In order to interface effectively with these families, however, to truly meet their needs in this culture, we have to go beyond a tolerance for their alternative format. We need instead to radically discard the Mom-and-Dad nuclear model as any kind of standard. We must accept the premise that it is quality of care, and not family constellation, which determines what is optimal for children's healthy development. We must further learn to identify who actually is and isn't a family member based on the loving bonds of responsibility that have been both intended and fulfilled, and not on any biological, legal, or conventional definitions of what is a family.

What is especially interesting about all this is the fact that the children in these families are not the least confused as long as they are being spoken to openly and honestly about who are the biological parents who made them and who are the caregiving parents who raise them. The younger the child, the easier it is for them to grasp. In many cultures other than our own, of course, we see that people other than the two who created them, in a variety of family structures, are often raising children. As long as it is culturally supported, the children experience it as natural. Increasingly, it appears that our gay and lesbian parenting communities are providing the kind of supportive subculture that allows these kids to be comfortable in such a variety of family relationships.

When we have learned to identify a family based on who performs the functions, takes on the responsibilities, has the bonds of the heart, and was intended to be a parent, we soon discover that most of the time the family that we define in this way will fail to meet the legal and social definitions of family. Every form they fill out for their child will ask for Mother's name and Father's name, and the family will forever be making decisions about how to identify itself. To opt for total openness - as in crossing out "Father" and writing in "Other Mother" for example, creates both benefits and stresses. 

On the benefit side, the family that chooses to completely disclose the nature of their family to their neighborhood, their doctors, schools, extended family, etc., puts itself in the ideal position to receive support, services, and community. Because such a family is openly known in the school system, the children are in the best position to deal with whatever social situations might arise from having gay parents. Their parents' openness gives them the tools to approach their family's difference in a positive way with people. It teaches them to expect respectful treatment and to trust their own ability to cope with someone who is negative.     

It creates an authenticity and genuine intimacy with friends and extended family that can never be had if there is hiding or secrecy. It also means that school and medical personnel who are serving a child's needs are in the best position to understand the nature of the child's experience at home, which might on occasion be critical to evaluation and decision-making.

On the stress side, however, a family that chooses to identify itself openly as a gay or lesbian parented family may expose itself to risks of homophobic insults, to loss of support from extended family, to loss of jobs or housing, and even to violence. For many families, openness about a parent's homosexual orientation might also result in loss of custody or visitation with the child. Whether or not these dangers are real for a given family, the expectation that they could happen creates considerable anxiety. These are frightening prospects and require very difficult decisions.

Whether or not a family is open about being headed by gay or lesbian parents, however, the lack of legal recognition for a nonbiological parent has a profound impact both on internal family dynamics and on the way the family is integrated into their community and extended families. The anxiety may be enormous for a parent who invests his heart and soul in a child with the ever-present danger that this child could be taken from him in an instant if the legal parent died. Grandparents may not want to get deeply involved with a child to whom they have no legal ties. Employers may not offer family leave or recognize family emergencies. Insurance will not cover the child of a nonlegal parent.

The situation is especially serious when a gay or lesbian couple with children separates. Their lack of legal recognition as a family creates real danger that the custody and access arrangements that are made will not be in the child's best interests. The biological mother, for example, in a crisis of anger and hurt, may resort to legal privilege and view the child as solely hers, thereby ignoring the child's need for emotional continuity with his other mother. Family and friends, who are understandably protective of her and feel adversarial to her partner, may pressure her to redefine the family relationships along heterosexist lines. Meanwhile, a nonbiological mother knows that she has virtually no chance of succeeding in a court challenge, and so may just get pushed out of the child's life. The professionals who get involved at this juncture have tremendous power to either exacerbate the problem, or to turn it around and support the family to continue coparenting together after separating, despite a complete lack of legal and societal support for doing so.

The reality we find is that the most destructive things in families are secrets. Children should be given truthful relevant information as soon as possible, along with ongoing support to address their concerns about it. Everyone working with children should be aware of an organization called C.O.L.A.G.E., the national support organization whose acronym stands for Children of Lesbians and Gays Everywhere, as well as the Family Pride Coalition (formerly the Gay and Lesbian Parents Coalition International). There is nothing more powerful for kids than letting them know that they are not the only ones in their situation, that other kids have families just like theirs, and that there is a forum for discussing all the issues that come up in school and family.

By contrast, families which don't start in a heterosexual context generally have no issues about coming out to the children. Gay men and lesbians who become parents through adoption, donor insemination, or surrogacy tend to create families in which the children grow up with a natural and comfortable awareness of their parents' affectional lives. These families also tend to be more open in their communities and schools, though many of them also struggle with being partially closeted due to fears of losing housing or jobs.
These gayby boom families are uniquely created through a great deal of planning and decision-making. Because gay people do not automatically assume they will have children, and have little societal pressure or encouragement to do so, as well as the fact that there are virtually no accidental pregnancies, these tend to be highly motivated families who spend considerable time in consultation with therapists and other advisers before undertaking so important a venture as parenthood. In fact, in many cities gay men and lesbians are creating what should become a model for parents of all sexual orientations in their approach to parenthood. It is commonplace for lesbians and gay men to spend many months in the ongoing workshops on Considering Parenthood which are proliferating all around the country. In these workshops, in addition to making the complex decisions about how to define who the intended parents will be and how to go about accessing adoption and donor insemination options, these prospective parents also do careful reviews of all their parenting concerns: questioning whether they have the resources of time, money, maturity, skills, stability of relationship, physical health, and stamina necessary to be good parents. It would be ideal, of course, if every child in the world were born to a family that prepared so responsibly.

The fact that these families are thriving despite tremendous social obstacles is certainly admirable. They have largely done their own advocacy and absorbed the difficulties as individuals. If our agenda is to see that every member of these families is optimally cared for medically and educationally, and if our aim is to protect the rights of children living in these families so that they do not lose a parent due to homophobia and heterosexist definitions of family, then we must, as professionals and simply as neighbors and citizens, be proactive about increasing visibility for them. Families who see themselves welcomed in a school brochure, for example, or mentioned in a kindergarten class on family diversity, will be far more likely to openly disclose to their communities. Their visibility, in turn, will help to change the stereotypes and hysteria that afflict our culture, and make our institutions more realistic and compassionate.




















Sunday, November 30, 2014

Where In The World...


Today, almost 40% of Americans live in a place where same-sex couples can marry. At the moment, the United States is a bit of a patchwork quilt and is rapidly adding states that allow same-sex marriage. A same-sex couple who had married, say, in Massachusetts, can go on a trip with their children, wander through a number of states briefly enter Canada, and change their marriage status repeatedly.


In the U.S. in some places they would be regarded as married. Or they might be recognized as being in a civil union and having full state rights but no federal marriage rights. Or they could be recognized as being in a domestic partnership or some type of beneficiary relationship. They would have some state rights, but no federal marriage rights.

Married same-sex couples can find themselves being temporarily divorced against their will, considered roommates, having their children regarded as illegitimate, having no guaranteed access to each other if one enters a hospital unable to make medical decisions if their partner is incapacitated. Most states do no recognize same-sex relationships—even if the couple was legally married elsewhere. Such couples are regarded as “legal strangers” – as mere roommates. Loving, committed couples need to plan their vacations carefully in case they have a medical emergency or other problem.


In different countries in the world, holding a same-sex marriage ritual can involve anything from a great celebration to a risk of arrest, trial and execution. The latter is the law in six predominately Muslim countries. 17 countries have legalized (or are about to legalize) same-sex marriage in the world as of February 2014.

In the year 2000, in the Netherlands, gay and lesbian couples, who were either citizens of the Netherlands or who had residency permits, were able to marry and adopt. This was the first country in the world to make same-sex marriages available.

In 2003 Belgium said same-sex couples that were residents or citizens could marry, but cannot yet adopt.

In 2005 in Spain the country legalized same-sex marriage.

In Canada since 2005 all loving, committed couples—both same-sex and opposite-sex have been able to marry in nine out of ten province and in all three territories of Canada. Both same-sex and opposite-sex couples can marry in Canada whether they are Canadians or citizens of another country if they meet the age and genetic requirements. Late 2009 public opinion polls indicate that about two in three Canadian adults approve of marriage equality. The topic is very rarely discussed in the media.

In 2006 South Africa legalized same-sex marriage.

In Norway same-sex couples have been able to marry since 2009.

In Sweden legislation was overwhelmingly passed by Parliament to marry same-sex couples, which took effect in May 2009.

Mexico City became the first jurisdiction in Latin America to legalize same-sex marriage on December 21, 2009.

In Ushuaia, Argentina, the southern-most city in the world saw the first same-sex marriages in Latin America.

Amazingly, Portugal, in which 97% of the population identifies with the Roman Catholic Church, legalized same-sex marriage in 2010.

In Iceland in 2010 the first same-sex couple to be married was Prime Minister Johanna Sigurdardottir and her long-time female partner Jonina Leosdottir.

Argentina faced intense opposition from the Roman Catholic Church and evangelical Christian groups but signed into law same-sex marriage in 2010.

India married its first same-sex couples in July 2011 by a court in Haryana, close to New Delhi.

Brazil’s National Council of Justice ruled that notaries public must perform same-sex marriages, register same-sex marriages performed elsewhere, and convert same-sex civil unions into marriages when requested. This decision effectively legalizes same-sex marriages across the country effective May 2013.

In June 2013 France, New Zealand and Uruguay approved same-sex marriage.

Same-sex marriage was legalized in England and Wales July 2013 and was made available in March 2014.

Same-sex marriage was legalized in Scotland February 2014.

Israel is unique in the world, in that many of its citizens are unable to marry within their own country. Marriages in Israel are performed under a “confessional community” system. There are a total of 15 recognized religious communities, none of which recognize same-sex marriage. Jewish couples must be from the orthodox community in order to be eligible to be married in the country. Reformed Jews, Jews from other traditions, couples from an unrecognized religious community, and couples who are unaffiliated with any religion cannot marry in Israel. They must leave the country, get married elsewhere, return to Israel, and register their foreign marriages. Due to a loophole in the law, this applies also to same-sex couples. However, although same-sex couples can register their marriages, their registration carries no legal weight.








Friday, October 31, 2014

My Friends’ Wedding


Several weeks ago, because of action not taken by the United States Supreme Court, a number of states made it legal for gays and lesbians to get married. One of the states is where I live, Colorado.

I have been friends with Jan and Joan for 30 years. They have been together as a couple for almost 38 years. They are quite dear to me and even when I moved back East for 20 plus years, their friendship remained vital and fulfilling. I have always known them as a couple and over the years developed an additional relationship with each of them, which only made them as a couple richer for me.

Last year, the State of Colorado granted same-sex couples the right to get civil unions. At that time, Jan and Joan went through that process. When Colorado settled into what looked to be a permanent decision about offering same-sex marriages Jan and Joan did a lot of soul searching about whether or not to go for it.

Some of the issues of financial security and those kinds of legalities seemed important in that marriage could offer protection and therefore be a good reason to get married. One of these women was profoundly unprotected as the law goes. That was definitely a strong consideration.

Philosophically there were a lot of issues that came up. Marriage has long been considered an institution dominated by men. We still do not have all the rights men do. So, given the nature of marriage, it brought pause when considering the politics of lesbians entering into such a patriarchal agreement.

Joan, who works with taxes in her career, was ready to get married. Jan went back and forth. The deciding factor that finally convinced Jan was the realization that she could get another ring. It is difficult to know what exactly will push a person one way or another in something as important as this decision. Since the real, spiritual and personal reasons for being together had been proven over the last thirty-eight years--getting married brought of different issues and challenges for them than couples who are just entering into their lives together.

I was invited to go to the County Clerk’s Office to be a witness. When I got to their home they were dressed up and nervous. They had already exchanged their vows and exchanged rings. They had carefully selected something old, something new, something borrowed and something blue. They were so cute! Here are these young 60 something year old dykes going to get married. Wow!!!!!!!!!!

When we got to the County Clerk’s Office we got number 21 and sat waiting while people ahead of us got license plates and such. The line went quickly and then it was our turn. The woman at the window was the same one who had done Jan and Joan’s civil union. That was the first one of those she had done and this was her first same-sex marriage license. There were a lot of laughs as well as some not so supportive looks from those whose numbers hadn’t yet been called. We were completely giddy and delighted.


I reflected on the way home how sweet Jan and Joan’s love for one another expressed itself during that public procedure at the government building. Thirty-eight years is a long time to be together for a lesbian couple. We have not had the structure or permanence of marriage to foster commitment. Those of us who have found the fortitude and are fortunate enough to work through all the issues relationships challenge us with are great models for the entire community. I am honored to have Jan and Joan as mentors, to be a witness to their love and life together.

Saturday, September 20, 2014

Facebook Donates to Reyes's Campaign


Utah Attorney General Sean D. Reyes petitioned the U.S. Supreme Court recently in a bid to preserve the state’s same-sex marriage ban. Reyes bluntly spelled out the stakes.

"It comes down to this,” the petition states. “Thousands of couples are being unconstitutionally denied the right to marry or millions of voters are being disenfranchised of their vote to define marriage. Either way, the court’s review is necessary, and this case is the right vehicle to do so.”

Calling it, without exaggeration, an “immensely important question,” Utah’s petition seeks review of a 10th Circuit Court of Appeals’ decision that struck down the state’s marriage restrictions. “The issue has been percolating for 40 years,” the petition notes. “Dozens of cases are challenging state marriage laws, and erratic use of stays has created legal chaos.”

In its 2-1 decision in June, the 10th Circuit concluded Utah’s same-sex marriage ban violated constitutional guarantees of equal protection. An amendment to the state’s constitution adopted by 66 percent of voters in 2004 declares that “marriage consists only of the legal union between a man and a woman” and that “no other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect”

In the 2012 primary election in Utah for Attorney General, Reyes challenged Swallow for the position. The Republican primary race was purported to be “one of the dirtiest in years”. Swallow defeated Reyes. Swallow went on to win the general election but then resigned in 2013. Reyes was appointed as Attorney General. He is facing his re-election this fall.

Sean Reyes has openly spoken out against same sex marriage. Not only does he disagree with the LGBT community’s right to equal marriage, he is actively against it. He has said he will “spend whatever it takes” to fight against same sex marriage. He has even gone so far as to hire attorney Monte Stewart, founder of anti-equal marriage legal group Marriage Law Foundation to attempt to overturn a Utah ban on Equal marriage.

In a controversial move, it has been revealed that Facebook has donated $10,000 to Utah Attorney General Sean Reyes’ re-election campaign. Facebook, who made the donation in May, has defended their support of this candidate in a letter to The Huffington Post:

“Facebook has a strong record on LGBT issues and that will not change, but we make decisions about which candidates to support based on the entire portfolio of issues important to our business, not just one...

The question has to be asked – Why Sean Reyes? His aggressive stance on gay marriage not only condemns us, but also actively fights against our right to equality. In answer, Facebook has declared that they do not necessarily support Reyes position on gay marriage, stating – “A contribution to a candidate does not mean that we agree with every policy or position that candidate takes. We made this donation for the same reason we’ve donated to Attorneys General on the opposite side of the issue –because they are committed to fostering innovation and an open Internet”.