1. LGBT & Q Families Introduction to Family Studies 2/19/2016

2. 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

3. 2/19/2016 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

4. 2/19/2016 Alternative Family Forms LBGT & Q Families  Sexuality has become more private  This has partially due to the passage of two supreme court rulings 1) Griswold vs. the State of Connecticut – 1965 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.”

5. 2/19/2016 Alternative Family Forms LBGT & Q Families 2) Eisenstadt vs. Baird - 1972 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."

6. 2/19/2016 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

7. 2/19/2016 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. 2/19/2016 Alternative Family Forms LBGT & Q Families O Lindsay Van Gelder describes marriage as a “ restricted club ” O Over time and across cultures there have always been restrictions on who could marry O It was only after the civil war that African- Americans were allowed to marry in all areas of the U.S O It was only after a U.S. Supreme Court decision in 1967 that mixed race couples could marry anywhere in the U.S.

9. 2/19/2016 O Why do lesbian or gay partners want to get married?

10. 2/19/2016 Alternative Family Forms LBGT & Q Families O Why do lesbian or gay partners want to get married? O Because there are real dollar and cents benefits to being married O Although we think about people getting married because they love each other, married couples also accrue legal and practical advantages as well.

11. 2/19/2016 http://www.nytimes.com/2009/10/03/ your-money/03money.html?_r=2&hp Alternative Family Forms LBGT & Q Families

12. 2/19/2016 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.

13. 2/19/2016 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)

14. Gay Marriage and civil unions by State  http://www.latimes.com/news/local /la-gmtimeline- fl,0,5345296.htmlstory http://www.latimes.com/news/local /la-gmtimeline- fl,0,5345296.htmlstory  Roll your mouse over each state and you get a short history of legal issues on gay marriage 2/19/2016

15. Alternative Family Forms LBGT & Q Families O Several U.S states and cities allowed/allow gay and lesbian couples marry O They can then gain some benefits O But in most states gay couples do not have all of the advantages that opposite-gender couples automatically acquire when they marry.  Gay marriage is legal in13 states: Washington, Iowa, Maryland, Massachusetts, Connecticut, Vermont, New Hampshire, Maine & New York, Washington D.C O Same-sex marriage has the backing of prominent Pacific Northwest business including: Microsoft Corp, Nike Inc. and Starbucks

16. 2/19/2016 Alternative Family Forms LBGT & Q Families  Gay marriage is legal in13 states:  Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Delaware, Maryland, Minnesota, Iowa, California, Washington  and Washington D.C.  http://www.lambdalegal.org/states-regions/?gclid=CKb- nIef8bkCFcyZ4AodTHMACA  Same-sex marriage has the backing of prominent Pacific Northwest businesses including: Microsoft Corp, Nike Inc. and Starbucks.

17. 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?  http://vimeo.com/3089746 http://vimeo.com/3089746  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 gay marriage 2/19/2016

18. 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.  states, thus gay marriage now legal in CA again  If you want to read more about this decision: http://www.huffingtonpost.com/2013/06/26/supre me-court-doma-decision_n_3454811.html 2/19/2016

19. 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 26 2013 a New Jersey judge says NJ must allow same-sex marriage O http://www.huffingtonpost.com/2013/09/27/new- jersey-gay-marriage-_n_4004723.html

20. 2/19/2016 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  Data on gay families is hard to find and interpret  Gay families are seeking the same dollar and cents benefits that accrue to married couple families and increasingly cohabiting partners  Gay marriage is becoming legal on a state-by- state basis