A much debated issue in the modern society is the gay lesbian marriage and parental rights in these couples. Since this is a comparatively new concept and still not very much popular or accepted, there are a couple of complexities related to this issue which needs to be addressed as soon as possible by the policy makers. The number of such gay or lesbian couples is increasing and there are a number of ways to have a child in the family but the real problem starts when such couples decide to get separated from each other. It becomes a complex situation while deciding the parental rights of such couples once they decide to be separated and the basic reason behind this is that laws of the land are old and not changed according to the changed circumstances. There are several reasons behind the breaking up of such couples but intolerance is the main reason along with other reasons. The parental issues in such marriages are very complex due to some biological and emotional factors when compared it to the normal marriages.
In America laws vary from one state to other state and it creates difficulties for everybody. Defence of marriage act gives immense powers to the states while dealing with such issues. The traditional marriages and parental issues related to them is not an issue because the laws were made considering the needs of such marriages but it is still not very comfortable for the courts to decide parental issues related to the gay, lesbian, bisexual or transgender marriages. The courts and a number of states have started changing their approach towards this issue. In this paper we would examine the relevant and related aspects of the issue.
Defence grounds:
Equality before law – the constitution says that every individual has an equal status before the law without any biasness of race, gender, region or belief. My first defence will be equality while demanding the parental right in the court of law. This is only my gender that has drawn so much attention and people are making noise about it but in the eyes of law, I have been given equal status by the constitution as others have and no one can make any discrimination based on gender. Any such effort will be against the constitution.
Education and self dependent- my second submission is that I am an educated person and earn a good livelihood. I can take care of the child and give him a good life, education and a society and thus help him in being at a good position in life. My child will not ever face any problem in respect of lack of resources or any other problem and will be provided every facility and amenity so that he could grow like other children of the society.
Public opinion – people are changing their mind and now LGBT marriages and their parental rights are recognized by a section of society also thus this is not a big issue or going to affect the child because in future when he is grown up, the things would be more clear, acceptable and the kid would be probably representing a progressive society by the time.
A fair beginning- my another submission in my favor is that the society or the people who make policies can not behave like an ostrich and close their eyes towards this section of the society and instead of doing that, they should change their mindset about these people because the number of such LGBT people is growing day by day. The society will have to recognize the rights of LGBT sooner or later and if it has to be done why not from today, we should make a new start from this case itself.
Research and expert opinion- one more submission of mine is that, a number of scientific researches done by medical and psychological professionals and experts shows that the children brought up by LGBT parents are no lesser in any sense than the children of other parents. The children brought up by these parents are as competent as other kids are and if this is the case then why should I be deprived of my parental rights.
Conclusion
After having observed all the above mentioned aspects of the parental issues, it is good to say that the LGBT parents should be given the equal parental rights like other parents. Scientific researches and experts say that there is not any negative impact on the children brought up by the LGBT parents and that these children are as competent as other children are. The changed scenario of society and individual rights suggests that in future numbers of such parents and children are to be increased and in such circumstances if the society is not changing its view towards these people, a number of complexities are to be faced. The better solution of the issue is that recognizing their rights, they should be given the full space in their individual life and all their rights should be respected including their parental rights.
References
David M. Brodzinsky and Adam Pertman. (2011). Adoption by Lesbians and Gay Men: A New Dimension in Family Diversity. New York: Oxford University Press.
Ekland, E. (2011, March 20). Albany Government Law Review. Retrieved November 10, 2011, from www.aglr.wordpress.com: http://aglr.wordpress.com/2011/03/20/are-you-my-mothers-parental-rights-for-same-sex-partners-under-new-york-law/
Loveandpride. (n.d.). Retrieved November 10, 2011, from www.loveandpride.com: http://www.loveandpride.com/informationcenter/tips.aspx?categoryid=7
