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Family Law

The Scholar: St. Mary's Law Review on Race and Social Justice

St. Mary’s Law School

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Full-Text Articles in Law

What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson Dec 2012

What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson

The Scholar: St. Mary's Law Review on Race and Social Justice

States should enact legislation affording same-sex partners the same rights and responsibilities to their children as opposite-sex partners. Although federal law mandates specific duties owed to the child, the language is silent about whether it applies to same-sex partners. Moreover, Congress passed the Defense of Marriage Act (DOMA), which defines marriage as being between a man and a woman. Some states—namely Texas—have passed their own version of DOMA. These states have subsequently denied same-sex partners the same rights granted to opposite-sex partners—such as conservatorship, visitation, and child support. Same-sex partners have used DOMA as a legal strategy to either avoid …


Fostering To Children's Needs Or Fostering To Legislators' Personal Agendas., Tracy Kasparek Dec 2007

Fostering To Children's Needs Or Fostering To Legislators' Personal Agendas., Tracy Kasparek

The Scholar: St. Mary's Law Review on Race and Social Justice

Legislators and judges must keep their own personal biases of homosexuals out of their analysis, particularly when considering if same-sex couples should be foster parents. Legislators and judges personal biases are rooted in unsubstantiated beliefs that homosexuals are mentally ill, lack the same maternal or parental instincts as hetersexuals, and may turn the children into homosexuals. None of these beliefs are supported by any type of evidence. On the contrary, studies indicate that homosexual couples are as fit for parenting as heterosexual couples. Furthermore, homosexual couples tend to take the hardest children to place such as: minority children, children with …