ALL CHILDREN MATTER How Legal and Social Inequalities Hurt LGBT Families Condensed Version October 2011 With a foreword by Authors Partners This report was authored by: This report was developed in partnership with: 2 Movement Advancement Project COLAGE The Movement Advancement Project (MAP) is an independent COLAGE is a national movement of children, youth and adults think tank that provides rigorous research, insight and with lesbian, gay, bisexual, transgender or queer (LGBTQ) analysis that help speed equality for LGBT people. MAP works parents. COLAGE builds community and works toward social collaboratively with LGBT organizations, advocates and justice through youth empowerment, coalition building, funders, providing information, analysis and resources that leadership development, education and advocacy. COLAGE help coordinate and strengthen their efforts for maximum views youth and families as powerful agents of social, impact. MAP also conducts policy research to inform the political and cultural change, and supports youth leadership public and policymakers about the legal and policy needs of development through mentorship between people with LGBT people and their families. For more information, visit LGBTQ parents across economic status, religion and culture. www.lgbtmap.org. The COLAGE network helps children in LGBTQ families to become strong advocates for themselves and their families Family Equality Council and to gain the recognition, rights and respect that every Family Equality Council works to ensure equality for LGBT family deserves. For more information, visit www.colage.org. families by building community, changing public opinion, advocating for sound policy and advancing social justice for Evan B. Donaldson Adoption Institute all families. Family Equality Council provides support and The Evan B. Donaldson Adoption Institute, a national not- resources to LGBT-headed families, and leverages the power for-profit, is the leading research, policy and education of families by sharing their stories and driving change in organization in its field. The Institute’s mission is to provide communities and states across the nation. Family Equality leadership that improves laws, policies and practices— Council educates members of government, schools, faith- through sound research, education and advocacy—in order to based communities, healthcare institutions and other social better the lives of everyone touched by adoption. To achieve systems about how they can promote family equality. Family its goals, the Institute conducts and synthesizes research, Equality Council also partners with other LGBT and broader offers education to inform public opinion, promotes ethical social justice organizations to provide the greatest positive practices and legal reforms, and works to translate policy into impact and to maximize resources. For more information, visit action. For more information, visit www.adoptioninstitute.org. www.familyequality.org. National Association of Social Workers Center for American Progress National Association of Social Workers (NASW) is the largest The Center for American Progress (CAP) is a think tank membership organization of professional social workers in dedicated to improving the lives of Americans through ideas the world, with 145,000 members. NASW works to enhance and action. CAP combines bold policy ideas with a modern the professional growth and development of its members, to communications platform to help shape the national debate. create and maintain professional standards, and to advance CAP is designed to provide long-term leadership and support sound social policies. The primary mission of the social work to the progressive movement. CAP’s policy experts cover a profession is to enhance human well-being and help meet the GOAL 1: SECURING STABLE, LOVING HOMES FOR CHILDREN FOR HOMES LOVING STABLE, SECURING 1: GOAL wide range of issue areas, and often work across disciplines to basic human needs of all people, with particular attention to tackle complex, interrelated issues such as national security, the needs and empowerment of people who are vulnerable, energy, and climate change. For more information, visit oppressed, and living in poverty. For more information, visit www.americanprogress.org. www.socialworkers.org. Contact Information Movement Advancement Project Family Equality Council Center for American Progress 2215 Market Street P.O. Box 206 1333 H Street NW, 10th Floor Denver, CO 80205 Boston, MA 02133 Washington, DC 20005 720-274-3263 617-502-8700 202-682-1611 www.lgbtmap.org www.familyequality.org www.americanprogress.org Cover photo by Taylor Castle and reprinted with permission from Chicago Magazine and the family. ACKNOWLEDGEMENTS Funders MAP thanks the following funders, without whom this report would not have been possible. • Arcus Foundation • Amy Mandel and Katina Rodis • David Bohnett Foundation • Weston Milliken • David Dechman • Kevin J. Mossier Foundation • David Geffen Foundation • The Palette Fund • Gill Foundation • Mona Pittenger • Jim Hormel • Two Sisters and a Wife Foundation • Johnson Family Foundation • H. van Ameringen Foundation Key Contributors and Subject Matter Experts The authors would also like to thank the following individuals for their time and expertise. Their thoughtful comments and analysis helped ensure this report is as comprehensive, accurate and inclusive as possible. • Juan Battle, Principal Investigator, Antonio (Jay) Pastrana, Jr. and Jessie Daniels, Co-Investigators, Vernisa Donaldson, Alexis Espinoza and the data team, Social Justice Sexuality Survey • Melissa Boteach, Manager, Half in Ten, Center for American Progress • Patricia A. Cain, Professor of Law, Santa Clara Law • Bo Cooper, Partner, Berry Appleman & Leiden • Leslie Cooper, Senior Staff Attorney, ACLU LGBT & AIDS Project • Nathaniel Frank, Research Consultant and Adjunct Faculty, New York University • Gary J. Gates, Williams Distinguished Scholar, The Williams Institute, UCLA School of Law • Kim L. Hunt, Executive Director, Affinity Community Services • Shannon Price Minter, Legal Director, National Center for Lesbian Rights • Aisha C. Moodie-Mills, Advisor for LGBT Policy & Racial Justice, Center for American Progress • Nancy Polikoff, Professor of Law, American University Washington College of Law • Cathy Sakimura, Staff Attorney & Family Protection Project Coordinator, National Center for Lesbian Rights • Rachel B. Tiven, Executive Director, and Julie A. Kruse, Policy Director, Immigration Equality • Sarah Warbelow, State Legislative Director, Human Rights Campaign • Thalia Zepatos, Director of Public Engagement, Freedom to Marry Note About this Condensed Version of the Report A full version of this report, entitled “All Children Matter: How Legal and Social Inequalities Hurt LGBT Families,” is available online through www.lgbtmap.org/lgbt-families or through any of the co-author or partner websites. We suggest the following citation for this condensed report: Movement Advancement Project, Family Equality Council and Center for American Progress, “All Children Matter: How Legal and Social Inequalities Hurt LGBT Families,” October 2011 (Condensed Version). This report incorporates information that was current as of October 1, 2011. For legal updates, please see the Movement Advancement Project’s Equality Maps at www.lgbtmap.org/equality-maps. TABLE OF CONTENTS 5 FOREWORD .......................................................................................................................................i EXECUTIVE SUMMARY .....................................................................................................................iii INTRODUCTION ................................................................................................................................1 Who Are LGBT Families? ............................................................................................................................................... 1 The Effects of Unequal Laws and Stigma ................................................................................................................ 3 A Story of Two American Families ............................................................................................................................. 4 GOAL 1: SECURING STABLE, LOVING HOMES FOR CHILDREN .....................................................6 Challenge: Children are Denied Permanent Homes and Legal Ties to Parents ......................................... 6 Parenting Path 1: Fostering and Adoption ......................................................................................................................6 Parenting Path 2: Blended Families and Stepfamilies ................................................................................................8 Parenting Path 3: Donor Insemination ..............................................................................................................................8 Parenting Path 4: Surrogacy .................................................................................................................................................9 Stopgap Remedies to Inadequate Parenting Law ........................................................................................................10 Second-Parent Adoption ..............................................................................................................................................10 “De Facto” Parenting .......................................................................................................................................................10