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" Test to Identify and Remedy Anti-Gay Bias in Child Custody Decisions After Obergefell "
Stern, Mark Joseph; Oehme, Karen; Stern, Nat
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AL
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| Record Number
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928810
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LA3qs5h050
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| Language of Document
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English
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| Main Entry
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Stern, Mark Joseph; Oehme, Karen; Stern, Nat
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| Title & Author
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Test to Identify and Remedy Anti-Gay Bias in Child Custody Decisions After Obergefell [Article]\ Stern, Mark Joseph; Oehme, Karen; Stern, Nat
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UCLA Women's Law Journal
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23/2
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| Date
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2016
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| Abstract
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For the last three decades, about half of all marriages have ended in divorce, and many of these couples had children. The law concerning parental rights and access to children after divorce has shifted and changed through state law and modern trends. The chief consideration for court decisions involving contested custody and parental responsibility today is what arrangement is in the best interest of the child, or children, involved. When the Supreme Court decided Obergefell v. Hodges in 2015, expanding the rights of same-sex couples by recognizing their fundamental right to marry, the case also expanded the parental rights of gay and lesbian parents nationally. Gay couples use assisted reproduction and adoption to have children; in addition, many children with gay parents were born to these parents in earlier heterosexual marriages or relationships. After Obergefell, courts will inevitably be faced with increased litigation concerning physical custody and parental decision-making in contested child custody cases involving lesbian, gay, and bisexual (LGB) parents. As courts grapple with case-by-case determinations of the best interest of the children involved in these cases, gay parents will need to remain vigilant to ensure that judicial anti-gay prejudice does not affect those decisions.
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