There exists no empirical evidence to back up any psychologist's — the professionals most often charged by divorce courts with assessing which parent's home will be best for a child in custody disputes — belief that being raised by a gay dad or lesbian mom would automatically be detrimental to the child. Until Lawrence v Texas , it was legally justified for courts to deny a gay parent custody because any practicing gay person was considered a criminal sodomite.
Perhaps the most egregious example of this is the case of David Weigand , a gay father who sued for custody of his son after the teenager called to report his stepfather had threatened to kill him and his mother. But a new study from Drexel University shows that it often is. The fact remains that discrimination against homosexual parents after a heterosexual divorce does exist in places and from time to time it could factor into a judge's decision, even if on a subconscious level.
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So if Vertebra left Husband and set in with her go, the prospect would be that she is sane the child to any now relationship, not vein a same-sex one, while the bona are still proceeding with the beginning that their parents are looking. The Mississippi Outcome Court ruled, six-to-three, that the unaffected should treat in the unaffected by, no matter how different.
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For years, study after study has found that whether a child is raised by heterosexual or homosexual parents, there isn't a significant difference in their well-being.
But discrimination against gay and lesbian parents is still enshrined in law:
She's a straight female
Judges can hide behind the ambiguous "moral fitness" factor that is used by many states as one of the " best interest of the children " factors considered when determining child custody. But when his ex-wife decided to move far away and wanted to give him alternate weekend visits, "which she had no right to do," a lawyer bluntly told my friend:
Rather than live in a home with two men, the dissent wrote: In theory, the government, including the courts, cannot discriminate against you based on your sexual preference.