I opined some time ago, that those who were coming down on the pro side of same sex marriage hadn’t considered all the consequences – one being the newly elevated status of gay couples when petitioning courts for custody of children from one partner’s previous marriage. (Contrary to popular belief, homosexuals have always had the right to marry. My long list of divorced gay friends puts to the lie to that one.) I asked the hypothetical question: “How would a judge view a situation in which a former husband, who, after leaving his wife for a new lover turned spouse, petitions for primary custody of his young children, on the basis of higher income and more stable home life, complete with the ability of his new partner to be a “stay at home” parent? What of her concerns about her sons being raised by a gay man she barely knows – can she even give voice to those?”
Now, “Angry” has a not so hypothetical case regarding adoption.
Would he [an Ontario family law judge], once gay marriage was entrenched, and in keeping with our government’s current equity legislation in the workplace, feel obliged to fast-track gays’ access to available children to make up for “past injustices” and their “disability” on the procreative front? And what about a single mother willing to give up her child for adoption, provided the baby went to a heterosexual couple? Whose rights would be privileged, hers or those of gay adoptive applicants?
The judge paused, then said, “I haven’t ever really thought about it.” Eventually the judge opined that a gay married couple’s rights should trump a biological mother’s right to have her child raised in a normative family. And on further reflection, he decided, he would also be partial to equity adoption policies for gays.
Discuss. (Be sure to read his post and the comments, first)
And be civil, or you’ll be tossed.

