By Jr. David L. Hudson
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13 • Do you think it is damaging for a child to know his parent is gay? Summary The developing trend is a gradual recognition that gays and lesbians can serve as adoptive parents and foster parents for disadvantaged and abandoned children. In 2003, the American Bar Association voted in favor of second-parent adoptions. Point2 8/21/04 9:05 AM Page 43 Gays Should Not Face Discrimination as Parents There are thousands upon thousands of children looking for a loving home. It is the ultimate disservice to these children if potentially loving and nurturing parents are denied the opportunity to rear children based on irrational prejudice against gays and lesbians.
Today’s opinion has no foundation in American constitutional law, and barely pretends to. The people of Colorado have adopted an entirely reasonable provision which does not even disfavor homosexuals in any substantive sense, but merely denies them preferential treatment. Amendment 2 is designed to prevent piecemeal deterioration of the sexual morality favored by a majority of Coloradans, and is not only an appropriate means to that legitimate end, but a means that Americans have employed before.
Congress attempted to address this problem in the Defense of Marriage Act, by declaring that no state must accept another state’s definition of marriage. My administration will vigorously defend this act of Congress. Yet, there is no assurance that the Defense of Marriage Act will not, itself, be struck down by activist courts. In that event, every state would be forced to recognize any relationship that judges in Boston or officials in San Francisco choose to call a marriage. Furthermore, even if the Defense of Marriage Act is upheld, the law does not protect marriage within any state or city.
Gay Rights by Jr. David L. Hudson