Sex Change Complicates Battle Over Child Custody
Florida state law does not recognize same sex marriage. In this case, the law had no way of proving whether or not Michael Kantaras is a man or a woman, since having a female to male sex change. Depending on this, it will decide whether or not he (pending on decision) will be able to keep custody of his adopted children. If society had not let technology surpass their conventional thinking and laws, this case would be easier to decide, or at least not pending on the sex of Mr./Mrs. Kantaras. If Florida law, and that of other places, had thought about all the consequences of technology, such a case as this never would have come to be so controversial. So, is Michael Kantaras really a man, or is she the woman she was born as?
Janice G. Raymond would say that Michael Kantaras is really Margo. She believes that transsexuals can never really relate to the female persona and therefore never truly be a woman. She bases this belief on the idea of male privilege. This is the privilege that men receive just for being men; they get higher pay, more leadership opportunities, are always seen as more competent, etc. Even though men are born with this privilege and may not realize they have it, they still experience it and have that edge to allow them to advance in society. Because of this, Raymond claims that male to female sex changes cannot know how it really is to be a woman. They do not realize they have this privilege, but continue to live being dominant because it is inherently within them.
Sandy Stone, a male to female transsexual, is angered by Raymond's view. She became a successful employee at Olivia Records, and obtained a head position. Olivia records emerged during the 1970s toward the end of the women's movement in an attempt to produce lesbian feminist music. It wanted for women to obtain the head positions and dominate the company, so once word got out about Sandy Stone's natural born sex, there was much controversy and debate on whether or not to keep her at the head position. Those who believed she should be fired sided with Raymond's view, that having been a male, Stone had an advantage in being brought up to be competitive.
Facts: The plaintiffs, eight same-sex couples, were denied marriage licenses and brought action against the state and local officials. The plaintiffs made a claim stating that the state statutory prohibition, § 46b-38nn, against same-sex marriage was a violation of their right to substantive due process and equal protection under the state constitution. The Connecticut Superior Court rendered summary judgment in favor of the defendants, which resulted in an appeal from the couples.
The ruling of Baehr vs. Lewin was a victory for gay rights activists, hope for other states searching for the same freedom, and disappointment for opponents of same-sex marriage. Yet this victory was short lived (until complete legalization in November 13, 2013) since the state appealed the lower court’s decis...
For some background, this case escalated to the Supreme Court since several groups of same-sex couples from different states, sued state agencies when their marriage was refused to be recognized. As it escalated through appeals, the plaintiffs argued that the states were violating the Equal Protection clause and the Due Process Clause of the Fourteenth Amendment. Equal Protection, according to the Constitution refers to the fact that, “any State [shall not] deprive any person of life, liberty, or property, without due process of law…” (23). The opposition of this case was that, 1) The Constitution does not address same-sex marriage as a policy, and 2) The sovereignty of states regarding the decision. Ultimately, and according to the Oyez project, the Court held that “[the Amendment] guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples,” and therefore, same-sex marriage is a fundamental liberty.
This was a big milestone in giving unwed fathers more rights to their children. In the United States these days many parents choose to cohabitate instead of entering the institution of marriage. These ruling has protected the rights of these families many years later.
One of the major controversial issues in this era is adoption and parenting of children by sex same couples. It is depressing and overwhelming to know that while various people around the world disapprove this adoption thousands of innocent kids aspire to be loved and protected without stereotypes.
The marriage and birth certificate are not a powerful Carlo L. Bella, a lawyer who specializes in same-sex marriage issue, stated “an adoption approved by a judge carries more weight in other jurisdictions”(qtd in McKinley).
In recent years, same-sex relationships have become more encompassing in US society. State legislation is changing such as accepting gay marriages, enforcing anti-discrimination laws, and legal gay adoptions; the lesbian, gay, bisexual, and transgender community is becoming public. Gay-headed families, like heterosexuals, are diverse and varying in different forms. Whether a created family is from previous heterosexual relationships, artificial insemination, or adoption, it deserves the same legal rights heterosexual families enjoy. Full adoption rights needs to be legalized in all states to provide a stable family life for children because sexual orientation does not determine parenting skills, children placed with homosexual parents have better well-being than those in foster care, and there are thousands of children waiting for good homes.
Since the early 1900s, homosexual people have become increasingly popular and greatly resisted. People that are homosexual face barriers placed upon them by the political system and society. Due to these challenges, homosexuals fought to have the same marital and parental rights as heterosexual people. Same-sex adoption is not prohibited in most states in the United States of America and many places worldwide. Family is not determined solely on blood relations and should be legalized in all parts of the world; because homosexual parents are just as good as heterosexual parents, if not better, and can provide an enriching second chance for many children waiting to be adopted.
they are the same sex or not to adopt the child together. Instead the state requires that one parent
... if? The legal consequences of marriage and the legal needs of lesbian and gay male couples. Michigan Law review. Nov.1996. Pg. 447-491. http://www.jstor.org.remote.baruch.cuny.edu/stable/1290119?seq=1&uid=3739664&uid=2134&uid=2&uid=70&uid=4&uid=3739256&sid=21103079482127
Today, adoption professionals are placing more children with homosexual parents. New Jersey was the first state to designate non-discriminatory adoption policies. In addition to current adoption laws, there is also second- parent adoption that can take place where a homosexual parent can adopt in a state where currently legal and their domestic partner can adopt the same child so both parents are legal guardians of that child. “In 1977, Florida passed a law banning ...
Goldberg, N. (2010). Gay families and the court: The quest for equal rights. Journal of Family
Challenges have beenmade on restrictions of same sex marriages as well as restrictions on adoption by a homosexual couple.Constitutional arguments such as ...
Homosexuality is becoming more and more accepted and integrated into today’s society, however, when it comes to homosexuals establishing families, a problem is posed. In most states, homosexuals can adopt children like any other married or single adult. There are many arguments to this controversial topic; some people believe that it should be legal nationally, while others would prefer that is was banned everywhere, or at least in their individual states. There are logical reasons to allow gays to adopt children, but for some, these reasons are not enough. The main issue really is, what is in the best interest of the child? This type of problem isn’t really one with causes, effects, and solutions, but one with pros and cons. Like any other adoption situation, a parent prove themselves to be responsible and capable enough to raise a child on their own, or with a spouse.
The main ideas of the book are to explore the explanation of the political and emotional challenges that an individual undergoes when in transformation specifically from the female-to-male (FTM) perspective. The author, Jamison Green is a leading transsexual activist who over the years has combined his own personal autobiography with informed analysis to offer an insight on the transsexual experience. He combines his own personal stories of his journey from childhood up through adulthood and the transition as living as a lesbian to living as a heterosexual trans man.