Angelica Jarquin Professor Massey-Jimenez ENC 1101 14 November 2013 Community Problem Report: Gay Adoption Currently, a growing

problem faced today is the discrimination towards same sex couples. There is a prejudice towards these people and it affects their daily life, such as not being able to get the same rights as heterosexual couples receive in relation to certain privileges, like adopting children. This is a mounting issue due to the fact that people are getting discriminated due to their sexual orientation, which should not be the case. Same sex couples should receive the same equal treatment as heterosexuals due to the fact that these couples should not fight for the right to be given the opportunity to adopt a child if they are considered fit parents, they should not have to deal with prejudice towards them, such as anti-gay laws, and because like everyone else, they should not be judged for their sexual orientation. A struggle that same sex couples have to deal with is the fact that when they are finally able to adopt a child, they are not entitled to the same rights as heterosexual couples. In some states, there are laws in which it declares that same-sex couples are not allowed to adopt. While one parent can adopt as a single parent, this does not allow the second parent from legally being the parent of that adopted child. In most cases, only one of the parents are but as the legal guardian of that child so the couple can legally adopt that child. Lombardo believes that it is crucial that federal legislation pass a law that protects the interest of children and the rights of same sex parents in emergency situations (Lombardo 39). An example of this would be that hospitals dont allow one of the adoptive parents to see their child in the hospital since they are

Jarquin 2 not legally in their birth certificate. The child could be in the hospital and one of the parents will not be able to see their child since they are not considered immediate family. All state laws should follow act in providing equal access to the rights given to adoptive parents, so that all valid adoptions are treated equally. This is a prime example that shows why same sex marriage adoption should be legal in all states because in case of an emergency, if an adoptive couple is put through a die-hard situation in which one of the parents is not given access to see their child, they might not be able to see their child during that emergency situation because they are not legally on the childs birth certificate. Same sex couples may also see discrimination towards them in the government system in relations to them adopting a child. An example of this would be in the movie, Any Day Now. This story discusses the legal battle that a gay couple faces when trying to adopt a boy named Marco; he is a teenage boy with Down syndrome. Marco is left abandoned by his drug addicted mother once she gets arrested. Marcos neighbor, Rudy, sees the ordeal happen and takes in Marco as if he were his own son. Rudy, and his partner, Paul, take care of Marco. While trying to legally adopt Marco, the couple faces a struggle to gain legal custody over Marco once their sexual orientation raises concern. Paul was Rudys attorney and they did not share that they were in a relationship, they simply just said that they were cousins. Once the court system discovered that they lied, they start to question whether being with the couple is Marcos best option. Rudy and Paul must fight to gain custody of the boy that have changed their lives. This highlights situations that gay couples have to deal with when dealing with the legal system. The couple was trying to legally adopt Marco but once the court system discovered that the couple was gay, then they decided to question whether theyd be fit parents to raise a child. This shows the biased legal system in which many gay couples have to deal with. The couple were almost able to

Jarquin 3 complete the process of adopting Marco but due to the fact that the court had discovered that the two men were involved in a relationship. A prominent portion of the movie states We want him. We love him. Isnt that what he deserves? Isnt that what every child deserves? (Fine, Any Day Now). This statement is true because every child deserves to be loved by someone that truly cares about them, regardless of their sexual orientation. There always people that criticize any issue, and with a topic like gay adoption, there is much controversy in the subject matter. While some believe that allowing same sex couples the opportunity to adopt is a positive thing, others feel the complete opposite. Particular individuals believe that allowing same sex couples the chance to adopt will hurt the child, rather than help them. Fitzgibbons believes that the placement of children in same-sex unions is dangerous to them because of the need of children for a mother and a father for their healthy development and because of the nature of the homosexual lifestyle (Fitzgibbons 41). He continues to discuss that with a child being raised with same sex parents, they tend to not provide a model environment in which to raise children. His ideology would be that same sex couples tend to be promiscuous (i.e. numerous sexual relationships), the union of the couple tend to be very fragile (i.e. the tendency to break up more easily), and the couple may not be necessarily healthy (i.e. more same sex couples tend to have HIV infections). Therefore, its clearly shown that the author is biased when it comes to talking about same sex parents, because it shows that he believes that they provide a child with a bad environment in which to live in. Fitzgibbons tries to make a point in saying that same sex couples provide an unhealthy environment to their children, but that opinion is very stereotypical considering the fact that the same thing can be said about heterosexual couples. Some heterosexual couples also provide unhealthy environments for their children, but its not just to generalize the whole population by calling them unfit parents when

Jarquin 4 there are suitable parents that are able to take care of their children with the love and affection that they need. Fitzgibbons is entitled to his opinion on the matter, but it is unjust to generalize the whole lesbian, gay, bisexual, and transgender (LGBT) community and call them unfit parents. Same sex couples also have to deal with the discrimination of being different because of the way that they choose to have a partner that has the same gender. A new law that was recently passed in Russia has created great controversy towards the LGBT community. This new law states that people will be criminalized if they support and spread the idea of minors having homosexual relations. This is considered to be the latest and most serious attempt by the authorities to criminalize and stigmatize Russias gay community (Kordunsky). This has caused an outburst of anger for the gay community because it means that they will be prosecuted for supporting gay rights. Russia's gay community. The new law has sparked the gay community to want to boycott the upcoming 2018 Winter Olympics that is taking place in Russia as a means of penalizing them for the creation of the law. The matter of that fact is that Russia is not the only country in the world that has created new laws that restrict people from having homosexual relations. Countries like Cameroon, Uganda, Jamaica, and many other regions all have laws that state that any person that is involved in homosexual conduct will be convicted and sent to prison. Countries like Russia disapprove of the idea of same-sex relations, so they completely prohibit it from occurring in their country. While the Russian government believes they are doing the right thing, this new law that is now instated will bring great controversy due to the fact that they are purposively discriminating on a certain group of people. Although there are numerous people that critique the idea of giving equal rights to same sex couples, there is however, an even larger group of individuals that support the fight to bring

Jarquin 5 awareness to give equal rights to same sex couples. An example of this would be in Texas, where in that state, they do not expressly forbid or allow same sex adoption. The state statutory and administrative law give considerable preference upon judges and officials in the Department of Family and Protection Services (DFPS) (Ritter 242). This means that although the state does not give its actual disposition on the subject, it shows a preference to judges dealing with child protective services. For example, if a gay couple tries to become the adoptive parents of a child then judges will usually rule in favor of the couple being granted guardianship, instead of denying them the opportunity of adopting the child, if they seem to be fit parents. Ritter continues to discuss the procedures in Texas for adoption and adoption services trying to find same sex couples that have their best interest in the child at hand. This highlights the fact that Texas seems to show a preference of allowing same sex couples to adopt. In other states that dont allow same sex marriage, they seem to show disapproval in anything related to the matter, such as adoption. Texas is a prime example of a state that although does not clearly state that they are in support of same sex marriage, they do show a preference in allowing these couples the opportunity in adopting a child if the judges believe that the child will be given a proper home in which to live in. Another prime example of a group of people that fight for the equal treatment of same sex couples are the American Civil Liberties Union organization. American Civil Liberties Union is an organization that believes in equality for all, that includes both heterosexual and homosexual couples (ACLU). The main goal that the ACLU hopes to achieve is to bring awareness which will hopefully allow same sex couples to eventually receive the same equality that heterosexual couples get, since they do not receive the same rights. In some states, there are laws in which it declares that same-sex couples are not allowed to adopt. While one parent can

Jarquin 6 adopt as a single parent, this does not allow the second parent from legally being the parent of that adopted child. This is a problem that is faced by numerous people in the United States. This organization hopes to continue to fight for the equality of same sex couples and their right to adopt a child until they get the equal treatment that they deserve. Certain factors like adoption or marriage are liberties that heterosexual couples can get, but that is not always the case with homosexual couples. They have to fight for their rights, and that should not happen. The main goal to resolve this issue is to hopefully get enough awareness in which it allows same sex couples to eventually receive the same equality that heterosexual couples get. In just allowing the LGBT community to get the advantage of getting the same rights of adopting children, this will bring an influential increase of child adoptions. Giving children the opportunity to be in a family instead of foster care would give the children the opportunity of growing up in a family that loves them. Whether itd be a same sex couple or a heterosexual couple that raises a child, everyone deserves the chance to raise a child if they want to.

Jarquin 7 Works Cited ACLU. American Civil Liberties Union. Web. 14 Nov. 2013. Any Day Now. Dir. Travis Fine. 2012. Film. Fitzgibbons, Richard P. Same-Sex Adoption. 68.6 41-52. Web. 14 Nov. 2013. Kordunsky, Anna. "Russia Not Only Country With Anti-Gay Laws." National Geographic 14 August 2013. Web. Lombardo, Lauren. "Does Heather Have Two Mommies? The Importance of Full Faith and Credit Recognition for Adoptions by Same Sex Couples." 39.4 1301-1338. Web. 14 Nov. 2013. Ritter, Michael J. "Adoption by Same Sex Couples: Public Policy Issues in Texas Law & Practice." 15.2 (2010): 235-254. Web. 14 Nov. 2013.