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Running Header: DIFFERENT HOMES, SAME LOVE

Different Homes, Same Love: Same-Sex Adoption

Mercedes Joyner
First Colonial High School
Legal Studies Academy

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DIFFERNET HOMES, SAME LOVE

Abstract
This paper is an in-depth analysis of same-sex adoption. The author first starts with the historical
background of this topic with a reason of why she chose to advocated for this topic. Further
throughout this paper she uses a variety of cases and journal entries to reason her paper. This
paper uses law as the conflict and reasonable explanation for comparison. Summing up this
paper with a conclusion the author adds a resolution to the issue.

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Different Homes, Same Love: Same-Sex Adoption

Under many circumstances several religions, society, states, and countries have been
against same-sex parent adoption, but will agree to the adoption by a single parent. This is a
contradicting act that should be reviewed and taken into consideration. The school's cooperation,
the children, the parents, and the state all have a part in the proper care and dedication to the
adoption process. Once these perspectives have been analyzed the adoption of children by samesex parents can be a worldwide solution for orphaned children.
Same-sex is a term used to describe homosexual couples, pansexual couples, asexual
couples, and other sexually oriented couples that are not defined as heterosexual. These couples
are not jointly combined with their sexual content or conduct. The mental connection that one
has for another is rather more enticing to deal with rather than the sexual connection.
Understanding others sexual orientation can be a key factor of understanding the controversial
issues faced when they go to adopt.

History
Since 1974, the adoption of children for same-sex couples has been a controversial issue.
Under the Equal Rights Amendment (ERA) equality of rights under the law shall not be denied
or abridged by the United States or any State on account of gender Francis, R. W. (1999). (Home.
Retrieved from http://www.equalrightsamendment.org/)
In 1977, Florida enforced a law that explicitly banned the adoption of children by
homosexual couples. A legal decision was made by the United States Court of Appeals for the
Eleventh Circuit, for the Loften v. Secretary of Florida, that gave a same-gender couple custody

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of a child that was adopted. When one spouse died, the biological grandmother tried to obtain
custody under ch77-140, section 1, 1977 Fla. Laws, 466 , where no person eligible to adopt
under this statute may adopt if that person is a homosexual. The court ruled in favor of the
secretary of Florida and denied the right. Florida law (Legislature, F. (1995) 63.04 Who may be
adopted; who may not adopt states the following:
(1)Any person, a minor or an adult, may be adopted by A husband and wife jointly, An
unmarried adult, or A married person without the other spouse joining as a petitioner, if the
person to be adopted is not his or her spouse, and if the other spouse is a parent of the person to
be adopted and consents to the adoption, or the failure of the other spouse to join in the petition
or to consent to the adoption is excused by the court for good cause shown or in the best interest
of the child.No person eligible to adopt under this statute may adopt if that person is a
homosexual.No person eligible under this section shall be prohibited from adopting solely
because such person possesses a physical disability or handicap, unless it is determined by the
court or adoption entity that such disability or handicap renders such person incapable of serving
as an effective parent.
Sexuality defined by Gay and Lesbian Adoptive Parents: Issues and Concerns - FindLaw is:
The American Psychological Association defines sexual orientation as;
one of four components of sexuality and is distinguished by an enduring
emotional, romantic, sexual or affectionate attraction to individuals of a particular
gender. The three other components of sexuality are biological sex, gender
identity (the psychological sense of being male or female) and social sex role (the
adherence to cultural norms for feminine or masculine behaviors).
Children
Many children feel more accepted by those who are in the LGBT community.
Moreover there have been rising issues by the courts with children being raised in
homosexual homes. The main concern is the safety of the child and the lifestyle of homosexual

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parents leave on the children. According to Association, A. E. (2002), children feel safe because
of the following reasons:
LGBT parents can relate to adopted childrens feelings of differentness. Adoption
decision is very intentional by LGBT parents. For LGBT families, adoption is most often
their first choice. LGBT parents may be more resourceful and may know where to find help.
LGBT parents may be more aware of support systems. LGBT parents can expose children to
a diverse world and acceptance of differences in people.
Parents, schools, and the government have a part in the adoption and so do the children.
There have been many factors that have given responses of how children feel in same-sex parent
homes and opposite sex parent homes. The University of Melbourne in Australia has done a
research that involved 315 same-sex parents with the total of 500 children. This experiment
concluded that there was no difference compared with children from the general population. 2/3
of these children with same-sex parents encountered many forms of stigma like addressing letters
mr. or mrs.to their home or bullying from others regarding their home lifestyle. It has been
known that childrens well-being is affected less by the sexual orientation of their parents. A
study was shown that children from preschool with same sex-parents and heterosexual parents
were equally well-adjusted.
Marriage
Although there has been studies that children would rather be with same-sex couples, many
states set laws regarding marriage that delay the adoption process of children. CNN Narayan, C.
(2015, November 13).( Utah same sex judge. Retrieved November 13, 2015, from

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http://www.cnn.com/2015/11/12/us/utah-judge-same-sex/) recently released a story of Hoagland

and Peirce about two lesbian foster parents who wanted to adoption there 1 year old foster child.
The lesbian couple has been married for two years and have had legal custody of their child for
three months. Juvenile court judge Scott Johansen had now ordered to have the child removed
from the home to a more traditional home.The two foster parents were upset and want to
understand why the child could not be keep in their home since they are fit parents. They have
gone through many steps which include: home inspections, background checks and interviews
with the division of family services, to become a proper foster home. The biological mother of
the child has agreed that they keep the child, but Judge Scott Johansen has belief that children
do better in heterosexual homes. This is one situation where the state has wrongly decided on a
case where the child was not in any danger and could be properly placed in a loving home.
Adoption can be considered in many different ways depending on what is being gained.
Adoption is defined as a court action in which an adult assumes legal and other responsibilities
for another person, usually a minor. In some states married persons may adopt singly if they are
legally separated from their spouse if their spouse is legally incompetent. U.S citizens may also
adopt in some states if they are a single adult or as a husband or wife. Majority of the states dont
distinguish from a homosexual and a heterosexual person when it comes to the child. Only two
states have set laws against which are Florida (as seen above on page 4) and Mississippi.
On May 19, 2006 U.S District court of Oklahoma held the case of Heather Fintwen
(plaintiff) v. Drew Edmondson (attorney general of Oklahoma), Brad Henry (governor), Dr.Mike
Crutcher (commissioner of Health of Oklahoma). During this case two parents challenged the
adoption laws of Oklahoma because they were not allowed to be recognized as the legal parents

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on the birth certificates of their child due to out-of-state adoption. The state of Oklahoma
prevents recognition of parental status of both parents in out-of-state in article III standing
challenge statutory amendment. The plaintiff adopted in New Jersey but moved to Oklahoma.
The plaintiff is claiming a violation of the EPA laws, and the defendant had no evidence that they
failed to satisfy state goal of placing adopted children in a secure loving, and permanent homes.
The court ruled in favor of the plaintiff because it violated the EPA laws
In 2013, twelve states have confirmed the right for same-sex couples to be legally
married under their state laws where some others completely banned marriage. In 2015, the
United States Supreme Courts ruled that in all 50 states Same-sex couples are allowed to be
legally married and that banning it was against the due process of the 14 Amendment. Due to the
Supreme Courts decision, there has been a major change in states view on same-sex adoption.
For example, in the state of Virginia one can only adopt if they are married which give
homosexuals the right to adopt because their marriage is recognized under law.
The story of Cleopatra De Leon and Nicole Dimetman have gone through the problem of
their marriage not being recognized by the state of Texas. The couple got married in
Massachusetts in 2009 but they now live in Austin, Texas. They now have a 3 year old son and
daughter that cannot get their last name because their marriage is not recognized in the state of
Texas. Although this couple has finally been recognized by the United States Supreme Court,
there are still difficulties with this issue. Ura, A. (2015, June 30) states:
Texas birth certificates only allow for a mother and a father to be listed. That means, for
instance, when a woman has a child, her same-sex spouse is not automatically listed on the birth
certificate and considered the child's parent as a male spouse would be. The non-biological

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parent has to adopt the child later to gain parental rights.Texas supplemental certificates allow for
two parents to be listed, "one of whom must be a female, named as the mother, and the other of
whom must be a male, named as the father." As a result, only one parent is listed for same-sex
couples. The Department of State Health Services has already modified marriage licenses to
accommodate same-sex couples.
The outcome of their story is still to be determined, but The Texas Tribune by Alexa
Ura wrote this story of the new rising issue pertaining to gay adoption.
Adoption Process
According to Adoption, L. (2015) in most states, whether gay adoption is legal is made
on a case-by-case basis by a judge. However, there are 16 states that definitely allow joint gay
adoptions (when a same-sex couple jointly petition for adoption): Arkansas, California,
Colorado, Connecticut, D.C., Illinois, Indiana, Iowa, Maine, Massachusetts, Nevada, New
Hampshire, New Jersey, New York, Oregon, Vermont, and Washington.
It may be proved that there is more than one way of adoption. Current or former
relationships, co-parenting, adoption, donor insemination, and surrogacy are usually the ways
many LGBT community members have kids to be adoptable. A donor insemination is the
injection of a donated sperm cell into a female (homosexual parent) to give a chance of
developing a child. Surrogacy is usually used by homosexual men who find a mother willing to
be inseminated by one of the fathers sperm cells so that they can produce a baby to carry for 9
months and then later give up the child after birth. Usually in that case there are many legal
documentations written up so that there would be an exchange of money and care for the carrier

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and that the baby is legally parented by the homosexual couple paying (Linville, D. (2015). Same
Sex Parents and Their Children. Retrieved from
https://www.aamft.org/imis15/aamft/Content/Consumer_Updates/Samesex_Parents_and_Their_Children.aspx) .
There is also the adoption of a child from an adoption agency. During this process the
adopting parents or parent is put onto a list which later if they reach the top, get picked to be
parent of a child in need. Before the child is put into the care of the parent, there are a series of
background checks and proper documentation of the entire family being joined together.
Typically during these adoptions the final decision is made after the in home inspection which
causes problems for homosexual couples. When one comes to the home of a homosexual, the
mindset of a child not being in the proper care is faced. Many agencies disregard homosexuals
from participating in adoption.
Multiple adoption agencies are founded by religious organizations. These organizations
are usually biased when it comes to same-sex couples. By law any small business organization
can refuse a service from one they feel is not competent. For example the no shoes, no shirt, no
service sign that majority of convenience stores have on the rom window. These privately
owned business have the right to do so and not be considered discrimination.
Religions
Many religious groups do not believe that same-sex couples coincide with their beliefs. Also
they believe that the children will be hurt. With these same-sex couples being a threat to
society the children would be growing up without a mother or father figure. The children are

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more at risk because they are exposed to the homosexual lifestyle, and are more likely to grow
up homosexual.
On December 16, 2009 U.S Court of Appeals held Catholic League for religious and civil
rights (Richard Sonnenchein, Valierie Meehan) vs. City/county of San Francisco case. The
Catholics and the Catholics advocacy organization brought action determining whether they had
standing to bring 1983 action against city/county and individual members of its board of
supervisors alleging that Establishment Clause was infringed by stopping children in need of
adoption to be placed with homosexual households. The defendants argued that 1) the action was
for a religious purpose 2) primary effect is religion and 3) fosters more problems with religion.
In this case the plaintiffs did not get ruled in their favor because this was an act of religion and
not the overall good of the children.
Comments like these by churches and people who dont agree are looking at the U.S
Constitution as a bible. The United States is not based off of the Bible however, There are
Constitutional laws set in place to create equality throughout the 50 states so that there cannot be
any religious interference . This does not mean that everyone is not entitled to their own religious
practices and speech because the U.S allows that in the Constitution, but it means their argument
is just as valuable as those of the LGBT community. The main concern for courts is that there are
facts and evidence to support an issue. Using theological beliefs are not going to give a standing
argument to protect themselves in court.
Discrimination

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Discrimination is treatment or consideration of, or making a distinction in favor of or against,

a person or thing based on the group, class, or category to which that person or thing is perceived
to belong to. The Florida Senate (2000) law prohibits discrimination by all means rather it be
religion or race. Discrimination occurs when Same-sex couples adopt in some states. 22 of 50
states are prohibiting discrimination on sexual orientation according to Foundation, A. (2015).
These states do not include Virginia.
Amendment XIV Section 1. States All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they
reside. No state shall make or enforce any law which shall abridge the privileges or immunities
of citizens of the United States; nor shall any state deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction the equal protection of
the laws This means that discriminating state laws are illegal and should be changed so that they
do not hinder the adoption by homosexual couples.
Equality is the state of being equal, especially in status, rights, and opportunities.
Equality shows the difference between things from being compared. The United States should
able to have equality throughout the country with the right to keep all laws the same between all
states to keep from comparison. Equality itself has become an issue of social justice which
interferes with not just race but sexuality conformation.
Schools cooperation has a lot to do with the daily lives of children. Although many children
of the LGBT community have felt neglected and excluded from others. Schools view two
parented heterosexual leading families as the social norm just like any other normal person
would. Many parents (26%) and students (21%) have reported being mistreated or hearing

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negative comments. Explaining the childs home life to schools, medical offices and other
government officials can be very difficult and can cause confusion upon them. Majority of
schools forms have conformed to having mother and father on different applications needed to be
turned in or signed. In fact those apart of the LGBT community have been reported more subtle
forms of exclusion in schools, and more than 1/5 of students have reported that a teacher,
principle, or another staff member has told them not to talk about their parents.
The American Association and Family Therapy (AAMFT) has done research and have
come to the conclusion that the following are problems faced by homosexual families: Lesbian
and gay concerns are about discrimination in parenting and custody problems. Co-parenting
heterosexual parents can also be present with same-sex parents. Moreover, Non biological parent
figures are common due to conceiving biologically of a child.
Resolution
There are many statistics concluding that LGBT families are being mistreated. Those who are
not involved or believe this is wrong have many open opportunities and ways to show that they
are cared for by their community. Schools should reflect about the diversity in the community
and show children and other members or the community that everyone is not the same and that
many people live their lives differently. Educating students about diversity has been included in
minority lessons in the curriculum. Some schools have clubs and awareness groups about
different cultures. For example having a LGBT club and black history month celebrations.
According to Pappas, B. S. (2012, January 15). Why Gay Parents May Be the Best Parents,

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Gay parents "tend to be more motivated, more committed than heterosexual parents on
average, because they chose to be parents," said Abbie Goldberg, a psychologist at Clark
University in Massachusetts who researches gay and lesbian parenting.
With this statement there are many heterosexual families who did not intend to become
parents of children. These couples have become such a huge factor of the American society, that
they glorify the situation by creating reality shows. This distinctively discriminates on
homosexual couples by social denial of adults capability of caring for a child. Why is unintended
parenthood glorified more than those who have been planning in making the conscious decision
of becoming a parent.
Since there are obvious child conceiving issues, with homosexual couples having a child, it is
not an accident but moreover planned. The time that homosexuals put into conceiving or
receiving of a child is twice as long as those who are heterosexual. This shows dedication to the
providing and care of the child. The thought they put into having a child to raise makes it more
understanding and financially planned than those who do not have it planned.
Many issues of the LGBT community has arisen by the lack of support by their community.
There may be some discomfort and the community can change to make them feel welcome. By
asking them how to be addressed, asking to participate in different activities, encourage others to
recognize their feelings, or encourage a diversity club or gay/lesbian alliance club. To know what
is expected when dealing with adoption agencies Association, A. E. (2002), recommends LGBT
families to use the following:

LGBT families should be integrated throughout the process, not given special
preference.

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Agency staff need to be educated about LGBT parenting and adoption so that LGBT
families dont have to fight against prejudice or work to overcome the stereotypes about the
LGBT community.

Agencies should be honest with LGBT families about the challenges that they will face in

the adoption process as an LGBT prospective parent.

Conclusion
Overall the adoption process and rights for same-sex couples are unfair. Due to the
governments laws and the different restrictions allowed,it is unconstitutional and should be
changed. The laws confliction with the adoption of needy children, the government abused their
authority and shows no empathy for those in need for a loving home. The Supreme Courts
decision to legalize same-sex marriage in all states has contributed a small amount of change to
the process. When the care of a child is in play the importance of a guardian is key. Being able to
place these children with those who cannot conceive traditionally, will limit the millions of kids
without a home across the world.
Those who are a part of the same-sex community have showed many reasons why they
are just as capable of taking care of a child just as heterosexual couples. There is no difference
between a child growing up with a same-sex couple according to many studies done. In fact there
has been much research shown that the actually do better. Being able to become the
psychological parent of a child is a duty that many can fulfill.
When a single parent can adopt a child with one incoming salary opposed to two there is
in fact a factor of discrimination in place. The United States cannot become united without the
equality of those in the LGBT community. Banning all organizations to discriminate could be a
contributing factor to resolving this issue and making the United States a whole.

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Appendix

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Reference page

Adoption, L. (2015). Lgbt adoption. Retrieved from

http://www.lifelongadoptions.com/lgbt-adoption/lgbt-adoption-statistics
Association, A. E. (2002). Retrieved 2015, from
http://adoptuskids.org/_assets/files/strategies-for-recruiting-LGBT-foster-adoptivekinship-families.pdf,
Dill, J. (2008, November 13). Related Links. Retrieved from
http://newsarchive.medill.northwestern.edu/chicago/news-105283.html

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The Florida Senate. (2000). Retrieved 2015, from

https://www.flsenate.gov/Laws/Statutes/2012/63.042
Foundation, A. (2015). Non-Discrimination Laws: State by State Information - Map.
Retrieved from https://www.aclu.org/map/non-discrimination-laws-state-stateinformation-map
14th Amendment. (n.d.). Retrieved December 17, 2015, from
https://www.law.cornell.edu/constitution/amendmentxiv
Francis, R. W. (1999). Home. Retrieved from http://www.equalrightsamendment.org/
Gay and Lesbian Adoptive Parents: Issues and Concerns - FindLaw. (n.d.). Retrieved
from http://family.findlaw.com/adoption/gay-and-lesbian-adoptive-parents-issues-andconcerns.html
Gay Rights and the Constitution. (n.d.). Retrieved December 17, 2015, from
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/gayrights.htm
Kiefer, H. M. (2003, November 25). Teens Split on Gay Adoption Issue. Retrieved from
http://www.gallup.com/poll/9760/teens-split-gay-adoption-issue.aspx
Legislature, F. (1995). Online sunshine. Retrieved 2015, from
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=00000099/0063/0063.html

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Linville, D. (2015). Same Sex Parents and Their Children. Retrieved from
https://www.aamft.org/imis15/aamft/Content/Consumer_Updates/Samesex_Parents_and_Their_Children.aspx
Narayan, C. (2015, November 13). Utah same sex judge. Retrieved November 13, 2015,
from http://www.cnn.com/2015/11/12/us/utah-judge-same-sex/
Pappas, B. S. (2012, January 15). Why Gay Parents May Be the Best Parents. Retrieved
December 17, 2015, from http://www.livescience.com/17913-advantages-gayparents.html
Pappas, B. S. (2012, January 15). Why Gay Parents May Be the Best Parents. Retrieved
from http://www.livescience.com/17913-advantages-gay-parents.html
Recruiting, S. F. (n.d.). LESBIAN, GAY, BISEXUAL, AND TRANSGENDER FOSTER,
ADOPTIVE, AND KINSHIP FAMILIES.
Recruiting, S. F. (n.d.). LESBIAN, GAY, BISEXUAL, AND TRANSGENDER FOSTER,
ADOPTIVE, AND KINSHIP FAMILIES.
Robison, B. A. (2002, November 6). SAME-SEX PARENTING: Beliefs of conserative
Christians. Retrieved December 17, 2015, from
http://www.religioustolerance.org/hom_pare3.htm

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Same Sex Couples Raising Children - Family Equality Council. (2010). Retrieved from
http://www.familyequality.org/get_informed/equality_maps/same_sex_couples_raising_c
hildren/
Ura, A. (2015, June 30). With Marriage Decided, Adoption Rights Next, by Alexa Ura.
Retrieved from http://www.texastribune.org/2015/06/30/despite-ruling-same-sexadoptions-still-question/
Adams, Rebecca, and James Persinger. "Research-Based Practice." N.p., n.d. Web.
"The Adoption Process - American Pregnancy Association." N.p., 24 Apr. 2012. Web.
"Burch V.smarr." N.p., 13 May 2015. Web. 2006.
"Children of Same-sex Couples Are Happier and Healthier than Peers, Research Shows." N.p.,
n.d. Web.
"Federal Laws Related to Adoption." N.p., n.d. Web.
Feldman, Noah. "Why We Need Law Schools." N.p., 20 Mar. 2015. Web.
"Gender Issues and Sexuality: Essential Primary Sources." N.p., n.d. Web.
Green, Julie M. "In Defense of Helicopter Parenting." N.p., 23 July 2014. Web.
"How Do Children In Same-Sex Adoption Fare?" N.p., n.d. Web.
"LGBT Adoption Facts." N.p., n.d. Web.
N.p., n.d. Web.

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N.p., n.d. Web.

N.p., n.d. Web.
"Plato & Aristotle on Equality." N.p., n.d. Web.
"Same Sex Relationship Violence." N.p., 18 May 2011. Web.
University, Princeton. " - The Future of Children -." N.p., 11 Feb. 2013. Web.

Grading Rubric for Almost Final Graded Draft

Criterion

4 -- Advanced

3 Above

2 Proficient

1 -- Emerging

Average
Mechanics,
Grammar,

Zero to very
few errors

A few errors

Several errors

Many errors
inhibit the
reading of the
text

Academic
language used
throughout
paper Law is
a major
presence

Academic
language used
through most
of paper Law
is a presence

Academic
language used
for some of
paper Lacking
law

Paper lacks
academic
language
informal
throughout

Spelling
Academic
Voice and Law

Law is missing
entirely

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Usage,
Zero to very
Sentence

A few errors

Several errors

Many errors
inhibit reading
of text

All present
needs to fix a
few errors

All present
need to fix
several errors
or somewhat
incomplete

Missing pieces

few errors

Structure
Title,
Abstract,

All present and

correct

Body,
Reference

Uniform LSA Scoring convention

16 = 100

12 = 88

8 = 76

4 = 64

15 = 97
11 = 85
submission = no score

7 = 73

No

14 = 94

10 = 82

6 = 70

13 = 91

9 = 79

5 = 67

Please do the following for final: Scroll through and fix everything marked.
If you have any questions about any corrections that I made, let me know.