LGBT & Q Families Family Sociology 8/13/2015

Social Change in YOUR Lifetime Almost no area of family life is changing as fast as the legalization of same- sex marriage In just the past few month three more states have struck down the ban on same-sex marriage in their state Since January 2014, Maryland, Pennsylvania and Illinois Map of same-sex marriage chronology - U.S. Public opinion has been changing as well 55% of those polls think same-sex marriage should be viewed as legally valid Gallup Poll on same-sex marriage “Rapid changes in public opinion are also playing a part, said Andrew M. Koppelman, a law professor at Northwestern. “It is becoming increasingly clear to judges that if they rule against same-sex marriage their grandchildren will regard them as bigots,” he said.”Andrew M. Koppelman nytimes article on same-sex marriage gains 8/13/2015

Same-sex marriage sweeping the nation… Click on link and scroll down to map U.S. map of states by same-sex marriage status video/advocates-are-suing-for-same-sex-marriage- rights-in-every-state video/advocates-are-suing-for-same-sex-marriage- rights-in-every-state /13/2015

Alternative Family Forms LBGT & Q Sexual identity is a new concept Medical model remained dominant until 1973 when homosexuality was listed as a mental disorder by the American Psychiatric Association Not surprisingly such a definition fueled discrimination and prejudice 8/13/2015

Alternative Family Forms LBGT & Q Families  The new discourse on gay families emerges from the same cultural trends that have led to the weakening of marriage as a social institution  the growth of individualism  the separation of sex from marriage 8/13/2015

Alternative Family Forms LBGT & Q Families Sexuality has become more private ? Wasn’t it always private…in fact no This has partially due to the passage of two supreme court rulings 1) Griswold vs. the State of Connecticut – 1965 o Ruling states that a state law prohibiting the use of contraceptives violated marital privacy by allowing police to search the “sacred precincts of marital bedrooms.” 8/13/2015

Alternative Family Forms LBGT & Q Families 2) Eisenstadt vs. Baird Laws prohibiting the sale of contraceptives to unmarried persons is overturned "it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision to whether to bear or beget a child." 8/13/2015

Alternative Family Forms LBGT & Q Families So increased right to privacy for married couples and then non- married couples leads to greater acceptance of same-sex relationships Increased right to privacy 8/13/2015

Alternative Family Forms LBGT & Q Families O First some definitions O The use of Lesbian, Bisexual, Transgender, Gay & Queer (LGBT & Q) is meant as a way of referring to and being inclusive of many alternative sexual identities O The Q for Queer comes out of Queer Theory O Queer theory is a viewpoint that purposely chose the term “QUEER,” because until recently it was derogatory and negative O Queer theorists are attempting to challenge conventional understanding of sexuality and give homosexuality a positive spin 8/13/2015

Alternative Family Forms LBGT & Q Families OLindsay Van Gelder describes marriage as a “ restricted club ” OOver time and across cultures there have always been restrictions on who could marry OIt was only after the civil war that African- Americans were allowed to marry in all areas of the U.S OIt was only after a U.S. Supreme Court decision in 1967 that mixed race couples could marry anywhere in the U.S. 8/13/2015

O Why do lesbian or gay partners want to get married?

Alternative Family Forms LBGT & Q Families OWhy do lesbian or gay partners want to get married? OBecause there are real dollar and cents benefits to being married OAlthough we think about people getting married because they love each other, married couples also accrue legal and practical advantages as well. 8/13/2015

your-money/03money.html?_r=2&hp Alternative Family Forms LBGT & Q Families

Practical and financial advantages available to married couples that are not available to domestic partners oSpouses can be designated as beneficiaries for insurance or pension plans oSpouses can purchase health insurance for each other through their employers oThey can receive social security survivors benefits oThey can give legal permission for their children to schools, doctors etc. 8/13/2015

Practical and financial advantages available to married couples that are not available to domestic partners oThey can adopt children together oThey can be the next of kin for hospital visitation or in the event of death oIf spouses divorce, they are both legally entitled to half the worth of the family oThey can gain citizenship for their spouse through marriage oIf a spouse dies, the surviving spouse is legally entitled to the inheritance (if not otherwise spec ’ d) 8/13/2015

Alternative Family Forms LBGT & Q Families O Several U.S states have legalized same-sex marriage O They can then gain some benefits O But in most states same-sex couples do not have all of the advantages that opposite-gender couples automatically acquire when they marry. Same-sex marriage is legal in 19 states & Washington D.C O Same-sex marriage has the backing of prominent Pacific Northwest business including: Microsoft Corp, Nike Inc. and Starbucks 8/13/2015

Same-sex marriage and civil unions by U.S. states Roll your mouse over each state and you get a short history of legal issues on gay marriage gmtimeline-fl,0, htmlstory gmtimeline-fl,0, htmlstory 8/13/2015

Defense of Marriage Act (DOMA) In 1996 Defense of Marriage Act is enacted Under the law -- same-sex couples whose marriage was legal in their home state were not eligible for thousands of dollars of federal benefits Opposite-sex married couples receive tax breaks, social security etc. Forced divorce? Gay marriage was OVERTURNED so all people who were married were then unmarried under California law Then on February 7, 2012 a higher court rules that it is UNCONSTITUTIONAL to ban same-sex marriage Same-sex marriage now legal in CA 8/13/2015

Gay Marriage in California? Yes or No? The Defense of Marriage Act, DOMA The law barring the federal government from recognizing same-sex marriages legalized by the states, is rules unconstitutional by the Supreme Court 5-4 vote. Same-sex marriage now legal in CA again If you want to read more about this decision: e-court-doma-decision_n_ html 8/13/2015

Alternative Family Forms LBGT & Q Families O Meanwhile in New Jersey… O The New Jersey Assembly voted to approve same-sex marriage in NJ on Thursday, February 23, 2012 O NJ Governor Chris Christie has vowed to veto the bill – saying he believes it should be voted on as a referendum on the November ballot O On September a New Jersey judge says NJ must allow same-sex marriage O jersey-gay-marriage-_n_ html jersey-gay-marriage-_n_ html 8/13/2015

Research on same-sex families Recently an article was published to examine whether having a gay parent leads to adverse outcomes for children The authors concluded that growing up in same-sex families led to adverse consequences for example they were more likely to e unemployed or on public assistance The article was severely criticized because the researcher made large generalizations from a small, non-representative sample While 3,000 children of heterosexual parents were included, only a out 240 respondents were included who had a parent “who had ever been in a gay relationship” The article did not study children who grew up in a gay family It is hard to find national data on same-sex families -- only recently did the U.S. Census start counting same-sex families scientists_n_ html scientists_n_ html 8/13/2015

Summary Summary Sexual identity is a new concept As sexuality became more private and as sex is separated from marriage – gay/lesbian families have emerged and gained more rights Data on same-sex families is hard to find and interpret Same-sex families are seeking the same dollar and cents benefits that accrue to married couple families and increasingly cohabiting partners Same-sex marriage is becoming legal on a state- by-state basis – many states legalized it in past two years 8/13/2015