The lesbian, gay, bi-sexual, transgender, queer (LGBTQ) community has experienced some major victories in the past few years, including the requirement that all states allow and recognize same-sex marriages. Their most recent win came when Congress rejected a discriminatory amendment that would have negatively impacted their ability to adopt a child. Sadly, the very presence of that amendment proves that the battle for equality is still far from over. Learn how you can protect your rights as an adopting LGBTQ parent, and discover how our seasoned family law attorneys can assist you with the process.
Addition and Rejection of Discriminatory Amendment - What it All Means
Discrimination is far from a new experience for members of the LGBTQ community, but when the U.S. Supreme Court ruled that states could no longer ban same-sex marriages, many hoped the worst would be over. Unfortunately, that has not been the case. In fact, an alarming number of LGBTQ couples have been denied the right to end their marriage in divorce. Even when successful in obtaining a divorce, parties may be at risk of losing their parental rights to a child if they did not establish legal guardianship during their marriage. A total of 10 states also have laws with language that is similar to the recently rejected amendment.
Added to an appropriations package for the Departments of Labor, Health and Human Services, Education, and Defense, the amendment would have allowed state workers to deny foster placements and adoptions to persons that identify as LGBTQ, even if they passed all other requirements. In short, the decision to deny them as adoptive or foster parents would have been based solely on their sexual orientation or identity, even if state laws did not reflect the same level of discrimination.