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Frequently Asked Questions
in the Lofton Case
Is this the first case of its kind?
No – a number of states are grappling with the constitutionality and policy of prohibiting adoptions by otherwise qualified gays and lesbians. However, Florida is the only state in the nation that has a statutory ban on gay and lesbian adoptions. In April, New Hampshire lawmakers repealed that state's 12-year-old ban on gay adoption and foster parenting. Arkansas, Idaho, Indiana, Oklahoma, Texas, and Utah are all considering or have recently considered bans on gay and lesbian foster care and/or adoption. At the same time, many states have moved to safeguard the interests of children with gay or lesbian parents. At least 21 states have granted co-parent adoptions to lesbian and gay couples, ensuring that their children can enjoy the benefits of having two legal parents, especially if one of the parents dies or becomes incapacitated. In 1996, the U. S. Supreme Court decided in favor of gay men and lesbians seeking to adopt in Roy Romer, Governor of Colorado, et al., Petitioners v. Richard G. Evans, et al. This is the fourth challenge to the statute.
Why does the ACLU think lesbians and gay men should be allowed to adopt children?
All of the research to date has reached the same unequivocal conclusion about gay parenting: the children of lesbian and gay parents grow up as successfully as the children of heterosexual parents. In fact, not a single study has found the children of lesbian or gay parents to be disadvantaged because of their parents' sexual orientation. Other key findings include:
- There is no evidence to suggest that lesbians and gay men are unfit to be parents.
- Home environments with lesbian and gay parents are as likely to successfully support a child's development as those with heterosexual parents.
- Good parenting is not influenced by sexual orientation. Rather, it is influenced most profoundly by a parent's ability to create a loving and nurturing home – an ability that does not depend on whether a parent is gay or straight.
- There is no evidence to suggest that the children of lesbian and gay parents are less intelligent, suffer from more problems, are less popular, or have lower self-esteem than children of heterosexual children.
- The children of lesbian and gay parents grow up as happy, healthy, and well-adjusted as the children of heterosexual parents.
These findings, coupled with the adoption needs of thousands of foster children nationwide, demonstrate that not only should lesbian and gay adults in all states have the basic right to be eligible as adoptive parents but that it will make a vital and positive difference in the lives of many children. Last year, in Florida, only 20,000 of the 100,000 foster children in need of adoption were adopted. Adoption and foster care policies must deal with reality or these children will never have stable and loving homes.
Don't children need a mother and a father to have proper male and female role models?
Children without homes have neither a mother nor a father as role models. And children get their role models from many places besides their parents. These include grandparents, aunts and uncles, teachers, friends, and neighbors. In a case by case evaluation, trained professionals can ensure that the child to be adopted or placed in foster care will be moving into an environment with adequate role models of all types.
Are children raised by gay or lesbian parents more likely to grow up gay themselves?
All of the available evidence demonstrates that the sexual orientation of parents has no impact on the sexual orientation of their children and that the children of lesbian and gay parents are no more likely than any other child to grow up to be gay. There is some evidence that children of gays and lesbians are more tolerant of diversity, but this is certainly not a disadvantage. Of course, some children of lesbians and gay men will grow up to be gay, as will some children of heterosexual parents. These children will have the added advantage of being raised by parents who are supportive and accepting in a world that can sometimes be hostile.
Won't children who are raised by lesbian and gay parents be subjected to harassment and rejected by their peers?
Children make fun of other children for all kinds of reasons: for being too short or too tall, for being too thin or too heavy, for being of a different race or religion or speaking a different language. Children show remarkable resiliency, especially if they are provided with a stable and loving home environment. Children in foster care can face tremendous abuse from their peers for being parentless. These children often internalize that abuse and feel unwanted. Unfortunately, they do not have the emotional support of a loving permanent family to help them through these difficult times.
Do gays and lesbians have stable enough relationships to be good parents?
Like other adults in this country, the majority of lesbians and gay men are in stable, committed relationships. Of course some of these relationships have problems, as do some heterosexual relationships. The adoption and foster care screening process is very rigorous, including extensive home visits and interviews of prospective parents. It is designed to screen out those individuals who are not qualified to adopt or be foster parents, for whatever reason. All of the evidence shows that lesbians and gay men can and do make good parents. The American Psychological Association, in a recent report reviewing the research, observed that "not a single study has found children of gay or lesbian parents to be disadvantaged in any significant respect relative to children or heterosexual parents." The Report concluded that "home environments provided by gay and lesbian parents are as likely as those provided by heterosexual parents to support and enable children's psychosocial growth." That is why the Child Welfare League of America, the nation's oldest children's advocacy organization, and the North American Council on Adoptable Children say that gays and lesbians seeking to adopt should be evaluated just like other adoptive applications.
Aren't children raised by gay men or lesbians growing up in an "immoral" environment?
There are all kinds of disagreements in this country about what is moral and what is immoral. Some people may think raising children without religion is immoral, yet atheists are allowed to adopt and be foster parents. Some people think drinking and gambling are immoral, but these things don't disqualify someone from being evaluated as an adoptive or foster parent. If we eliminated all of the people who could possibly be considered "immoral," we would have almost no parents left to adopt and provide foster care. That can't be the right solution. What we can probably all agree on is that it is immoral to leave children without homes when there are qualified parents waiting to raise them. And that is what many gays and lesbians can do.
