Gay Families and the Courts: The Quest for Equal Rights by Susan Gluck Mezey
By Susan Gluck Mezey
Susan Gluck Mezey's most up-to-date booklet, homosexual households and the Courts, is a compelling exam of the function of the nation and federal courts in furthering the ambitions of the homosexual and lesbian neighborhood. in contrast to Mezey's past ebook, Queers in court docket, this booklet evaluates the level to which litigation is efficacious in advancing equivalent rights for homosexual families_families within which no less than one member is gay_as they search to extend their possibilities and conflict discrimination. Mezey exhibits how the courts tackle homosexual and lesbian rights and sexual orientation in colleges and social firms comparable to the Boy Scouts besides family-oriented difficulties akin to marriage and parenthood. In doing so, Mezey emphasizes the complexity of the problems all in favour of the situations, and assesses the measure to which the result of the litigation is defined via the kind of case, the kind of court docket, and the judge's belief of his or her function as a policymaker. it's a useful reference for students drawn to judicial, legislative, and govt policymaking on the federal and country point in addition to an individual attracted to LGBT politics.
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Extra resources for Gay Families and the Courts: The Quest for Equal Rights
Sample text
The difficulty was the termination (or cutoff) provision, a required part of the adoption proceedings, but Preminger found that complying with the law would lead to the “absurd outcome” of terminating Valerie’s rights (848). She believed that the state did not require Parenting 31 adopted children to sever all ties with their natural parents or siblings and that it would be unjust to force the child to choose between her two parents. She concluded that the only sensible solution was to allow the secondparent adoption when it is in the child’s best interests.
Moreover, because the act also explicitly states that its primary concern is to further the best interests of the child, a court should not interpret it to limit opportunities for adoption. The court ended by noting that the Massachusetts and Vermont supreme courts as well as several lower state courts had reached the same conclusion. However, because the lower court judge had explicitly reserved the question of whether the adoption was in the children’s best interests, the appellate court remanded the case to allow the court to determine the issue.
When they challenged that decision, the state agency sought the state attorney general’s opinion who responded that out-of-state adoptions are valid and must be recognized in Oklahoma. The OSDH issued a new birth certificate, listing both men as parents. One month later, the Oklahoma legislature enacted the adoption amendment (see Ball 2007). The law did not survive a legal challenge, however. In Finstuen v. S. 36 On appeal, the Tenth Circuit affirmed the lower court in Finstuen v. 37 Several years later, the Arkansas Family Council Action Committee, a conservative religious group, spearheaded an effort to place Initiative 1 on the 2008 ballot.