The American Bar Association, the nation’s top voluntary bar association for lawyers, has adopted a resolution taking a stand for LGBT parents in the aftermath of states enacting laws enabling anti-LGBT discrimination in adoption.
According to the LGBT Bar Association, Resolution 113 was adopted at the ABA midyear meeting in Las Vegas, Nev. The 14-page resolution says although the U.S. Supreme Court ruled in 2015 same-sex couples have the right to marry, they still face discrimination in adoption in forms of anti-LGBT state laws and policies.
Among the laws cited the resolution are recently adopted state laws allowing taxpayer-funded adoption agencies to refuse placement into LGBT homes over religious objections. Those laws exist in North Dakota, Virginia, Michigan, Mississippi, South Dakota, Alabama, Texas, Oklahoma, Kansas and South Carolina.
The resolution also cites continued litigation in which the rights of LGBT parents are in jeopardy. Among those cases is Pavan v. Smith, in which Arkansas refused to place the names of lesbian parents on their child birth certificates. The U.S. Supreme Court affirmed that policy violated its decision on same-sex marriage (although U.S. Associate Justice Neil Gorsuch penned a lengthy dissent containing the ruling didn’t apply to birth certificates.)
The ABA resolution adopts the resolution in the wake of the Trump administration granting a waiver to South Carolina allowing religious-based adoption agencies in the state, including Miracle Hill Ministries, to continue receive funding from the Department of Health & Human Services even if they refuse to place children in LGBT homes or with other families contrary to their beliefs.
“Any discriminatory law which restricts an LGBT individual’s right to parent not only disregards these precedents, but also contradicts longstanding research,” the resolution says. “Decades of medical, psychological, sociological, and developmental research overwhelmingly conclude that sexual orientation has no bearing on an individual’s ability to be a fit parent. This resolution therefore reaffirms the equal parenting rights of LGBT individuals.”
According to a study from the Williams Institute at the University of California, Los Angeles, LGBT families are significantly more likely than their non-LGBT counterparts to have adopted or foster children. One in five same-sex couples, or 21.4 percent, are raising adopted children, compared to just 3 percent of different-sex couples, and 2.9 percent of same-sex couples have foster children compared to 0.4 percent of different-sex couples
The resolution states adoption of the resolution sends the message ABA “stands with LGBT individuals and their families against the increased threat to their ability to raise children.”
“This ABA policy position would enable further advocacy in this area by providing authority for other organizations, legislatures, and courts to consult when confronted by LGBT parenting issues,” the resolution says. “The policy would also allow the ABA to directly advocate on behalf of LGBT families and make clear its stance that laws which permit discrimination against LGBT individuals are unconstitutional.”
According to the resolution, implementation requirements for the policy will “be nominal, if any.” The policy, the resolution says, will be “a guidance document for attorneys within the profession.”
D’Arcy Kemnitz, executive director of the LGBT Bar Association, said the ABA adopted Resolution 113 unanimously and “no one spoke in opposition.”
“The LGBT Bar submitted this resolution at this time because we have seen an increase in challenges to the fundamental right to parent,” Kemnitz added.
This article originally appeared in the Washington Blade and is made available in partnership with the National Gay Media Association.