By now, you’ve likely seen the headlines about Kim Davis’s request for the Supreme Court to reconsider its landmark marriage equality decision, Obergefell v. Hodges—the case that affirmed the freedom to marry for same-sex couples. For many, these headlines are unsettling, and it’s natural to feel concern about what they mean for our families.
It’s important to remember that a cert petition is only a request for the Supreme Court to hear a case. The Court receives thousands of petitions every year and grants fewer than 1%. Davis’s petition arises from a narrow legal question that has already been rejected multiple times. Experts say it would be highly unusual for the Court to take it up. There are many reasons why the Court should not take this extremely narrow case as a means of relitigating something that has been so positive for same-sex couples, their families and children, and society at large.
Nearly 300,000 children under 18 are being raised by married same-sex couples. For donor conceived children with LGBTQ+ parents, marriage equality has been a cornerstone of security. Obergefell secured not only the right to marry, but also equal access to the protections that flow from marriage. Those protections safeguard children’s well-being and help ensure their families are protected under the law.
At the same time, headlines like these are a reminder that families must be proactive in protecting themselves. The best way for LGBTQ+ parents to protect their family is to ensure that their parent-child relationship is secure in all states by obtaining a court judgment of parentage or adoption—even if they are married and both parents are listed on the child’s birth certificate.
LGBTQ+ parents with donor conceived children can and should take action to protect their parent-child relationship through a Voluntary Acknowledgement of Parentage (VAP), parentage judgment, or adoption decree. For more information on the steps you can take to protect your family, please visit this resource: Protecting Your Family: A Guide for LGBTQ+ Parents.
At the heart of marriage equality are children and families who deserve stability and security. USDCC stands with donor-conceived children, their families, and the LGBTQ+ community to ensure that every family is recognized, protected, and affirmed under the law.
-The USDCC Team