Issues in Adoption | Restrictions on Gay and Lesbian Adoption Are Not Unconstitutional

The benefits to children in need of adoption of being raised by a mother and father who are married to each other are tremendous. The “marriage factor” in terms of the welfare of children justifies adoption rules that discriminate against nonmarital couples including gay couples and partners.

Some advocates of gay rights assert that it is unconstitutional for states and state adoption agencies to prohibit or restrict adoption by homosexual couples (herein “gay couple adoption”). Most of these claims fall into two categories: (1) that homosexual couples have a...

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