The American Civil Liberties Union (ACLU) on Wednesday announced that it had filed a lawsuit challenging North Carolina’s second parent adoption ban, which effective prevents same sex partner’s from adopting children.
The lawsuit filed in federal court on behalf of six same sex couples claims that the law violates the constitutional rights of children.
The North Carolina Supreme Court effectively banned adoptions by same sex couples in 2010 when it ruled 5-2 that state Sen. Julia Boseman’s adoption of her partner’s son was invalid. Boseman was North Carolina first openly lesbian member of the state General Assembly.
“North Carolina’s law denies children the permanency and security of a loving home simply because their parents are lesbian or gay,” ACLU of North Carolina Executive Director Jennifer Rudinger said in a statement. “This is fundamentally wrong. No parent should have to worry about what will happen to their children if something happens to their partner.”
Same sex adoptions would protect children by allowing either parent to cover the child with health insurance, ensuring that families can stay together if something happens to the biological parent and granting both parents the right to make medical decisions for children in case of emergency.
“The current policy is discriminatory and doesn’t take into account what’s best for a child,” ACLU senior staff attorney Elizabeth Gill explained. “These parents want the same thing as any other parents: to be able to provide the best possible care and protection for their children. The law should not stand in the way of allowing loving couples to share responsibility for their families.”
The American Psychological Association has concluded that there is “no scientific evidence that parenting effectiveness is related to parental sexual orientation.”
Earlier this year, North Carolina voters added a ban on same sex marriage to the state’s Constitution.
A copy of the complaint is available here.
Watch this video from the American Civil Liberties Union, broadcast June 13, 2012.