Same-sex marriage rights for gay and lesbian couples have been the center of a contentious and ongoing debate for quite some time now. An increasing number of same-sex couples find themselves entering into unions and having children by either adoption or artificial insemination. The increasing number of children with gay and lesbian parents brings about very important questions that stem from concerns about safety and stability in the children’s lives. Since gay marriage is not legally recognized in most states, how will the children be protected if only one of their parents is legally recognized? If same-sex parents separate, are they legally required to pay child support? These are some questions that were recently answered in a New York courtroom.
According to a recent article in the New York Times, a court's decision to expand the rights of non-birth parents in same-sex relationships is a small victory for many gay and lesbian couples in the state of New York. In a 4-3 court ruling, “The court found that a lesbian who had given birth while in a committed relationship was entitled to seek child support in Family Court from her former partner” (NYT). In another ruling, granted by a 7-0 vote, “A woman seeking visitation rights from her former partner, who gave birth to a child conceived by artificial insemination after the two had entered into a civil union, was recognized as a legal parent of that child” (NYT). In total, from these two cases same-sex couples were granted visitation and custody rights as well as the right to order child support from former partners.
Although these rulings can be seen as a victory, they are somewhat of a small victory due to the fact that the same-sex parents must be entered into a civil union when the child was born or adopted in order to receive these rights. In other words, two parents can only have the title of being parents if the same-sex couple has a civil union. This can be seen as a drawback because no matter what, when it comes to opposite-sex couples, even if a male and female are not married but conceive a child they are both automatically legally labeled as the parents of the child. On the other hand, when it comes to same-sex couples, it is not enough to just be in a happy relationship and have children, they need to enter into a civil union in order to both be labeled as parents.
If same-sex couples have to go through the court system to be legally deemed as parents, the idea of separation between church and state can be thrown out the window. It is appalling to me how the government has to “give permission” for same-sex couples to be granted the same rights as opposite-sex couples. From the child’s perspective, in an opposite-sex marriage they will always see their mom and dad as their parents, even if mom and dad are not married. This should be the same for same-sex couples, they should not be forced into civil unions in order for both to be labeled as parents.
