The Co-Evolution of Marriage and Parental Rights of Gays and Lesbians

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Abstract

Historically, federal and state legislation placed different conditions on same- and opposite-sex couples' ability to marry, adopt, or exercise their parental rights. Given the historical intertwining of marriage and parenting, legal issues remain hinged on differing conceptions of marriage and what constitutes a legal family in the United States, especially for same-sex partners compared to their different-sexed couple counterparts. This article provides a historical review of decisions that serve as the foundation for queer parenting rights in the United States. A key focus is on the impact of the U.S. Supreme Court Obergefell v. Hodges (2015) marriage decision on queer parenting and its relevance to researchers and practitioners whose work involves queer families. State discrepancies continue to exist for the treatment of parental rights in spite of the legalization of same-sex marriage. Finally, suggestions are provided for future directions for the field.

Original languageEnglish
Pages (from-to)114-136
Number of pages23
JournalJournal of GLBT Family Studies
Volume13
Issue number2
DOIs
StatePublished - 15 Mar 2017

Keywords

  • Families
  • Obergefell v. Hodges
  • gays and lesbians
  • law
  • parental rights
  • parents

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