California Supreme Court ruling is good news for gay parents

August 25, 2005

I applaud the California Supreme Court's recent ruling giving unprecedented recognition to lesbian parenthood.

Based on three cases involving same-sex parents who are now "divorced," the ruling grants parental rights to two non-birth mothers in two separate cases.

The third case involved the birth mother petitioning for, and successfully being granted, financial support from her ex-partner who stopped paying for the care of their children after the break-up.

"We perceive no reason why both parents of a child cannot be women," the court ruled.

Unfortunately, lawmakers refuse to legalize same-sex marriage, leaving legal loopholes for a person to abandon his or her parental obligations, and for marital strife to get in the way of the emotional well-being of children in a broken home.

If these three couples had been legally married, child support would automatically have established that both parents sustain equal parenting rights.

In a divorce, a person should not to have to fight for his or her right to continue being a parent just because the child has two mommies or daddies.

The outcome of these individual cases could -- and should -- have a huge legal impact, with implications extending far beyond the borders of California.

The number of children born to, or adopted by, same-sex parents is rapidly growing. Millions of children are being raised in these households across the country. According to the 2000 Census, one in three female-partner households have children under the age of 18, as do almost one out of every four male-partner households.

For the good of these children, the parental rights of same-sex couples need to be spelled out and protected.

When parents split up, it's difficult enough for the child. The emotional toll is even greater if one of his or her parents were no longer being recognized as such, either by the remaining parent or by the government.

Nor should a loving parent be denied access to his or her child simply because he or she was in a same-sex household.

Marriage no longer equals one man and one woman. This is an outdated formulation. Adhering to it inflicts harm on parents and children alike.

The California Supreme Court's decision is a giant leap in the right direction for gays and lesbians receiving legal equality.

Angeline Acain is publisher of Gay Parent magazine and New York Gay Parent Guide (www.gayparentmag.com). She can be reached at pmproj [at] progressive [dot] org.