Drives to ban gay adoption heat up in 16
states
Yahoo News/USA Today
By Andrea Stone, USA TODAY
February 21, 2006
Efforts to ban gays and lesbians from adopting children are emerging across
the USA as a second front in the culture wars that began during the 2004
elections over same-sex marriage.
Steps to pass laws or secure November ballot initiatives are underway in at
least 16 states, adoption, gay rights and conservative groups say. Some - such
as Ohio, Georgia and Kentucky - approved constitutional amendments in 2004
banning gay marriage.
"Now that we've defined what marriage is, we need to take that further and
say children deserve to be in that relationship," says Greg Quinlan of Ohio's
Pro-Family Network, a conservative Christian group.
Florida has banned all gays and lesbians from adopting since 1977, although
they can be foster parents. State court challenges and a campaign by
entertainer Rosie O'Donnell to overturn the law have failed. A pending bill
would allow judges to grant exceptions.
Mississippi bans adoption by gay couples, but gay singles can adopt. Utah
prohibits all unmarried couples from adoption.
Kent Markus of the National Center for Adoption Law & Policy in Ohio
says he hasn't seen this much activity in 15 years as a researcher.
Richard Carlson, a professor at South Texas College of Law in Houston, says
adoption laws based on judgments of morality offer "a weak argument" and will
face legal challenges. He cites U.S. Supreme Court rulings striking down bans
on interracial marriage and sodomy, which reflected prevailing views when
enacted. The high court has not taken up a state ban on gay adoption. (Vote:
What do you think about gay adoption?)
Religious groups and state courts are grappling with the issue. Roman
Catholic bishops in Massachusetts are seeking an exemption from state anti-bias
laws to allow the church to bar gays from adopting through its social service
agencies. Meanwhile, a judge in Missouri ruled last week that the state could
not deny a foster care license to a lesbian.
Fueling the political activity:
• Ballot victories. Social conservatives view family makeup as the next
battleground after passing marriage amendments in 11 states in 2004. They
welcomed a bill introduced this month in Ohio that would ban gays and lesbians
from adopting or raising foster children. They vow to put it on the ballot if
the bill fails.
Patrick Guerriero of Log Cabin Republicans, a gay political group opposed to
marriage and adoption limits, calls the strategy the next step by
conservatives.
• Election-year politics. Republicans battered by questions over ethics
and Iraq "might well" use the adoption issue to deflect attention and draw out
conservatives in close Senate and governor races in states such as Missouri and
Ohio, says Sherry Bebitch Jeffe, University of Southern California political
scientist.
The aim is to replicate 2004, says Julie Brueggemann of the gay rights group
PROMO: Personal Rights of Missourians. She says marriage initiatives mobilized
conservative voters in 2004 and helped President Bush win in closely contested
states such as Ohio. Republicans "see this as a get-out-the-vote tactic."
Republican pollster Whit Ayres is skeptical. Adoption, he says, "doesn't
have the emotional power of the gay marriage issue because there is no such
thing as the phrase 'the sanctity of adoption.' "
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