Once Born, Twice Orphaned: Children's Constitutional Case Against Same-Sex Adoption Ban

Tanya M. Washington


In the 2012 state elections, Maine, Maryland, and Washington voters elected to legalize same-sex marriage,1 increasing the number of jurisdictions recognizing same-sex marriage to ten.2 Proponents of same-sex marriage are encouraged by the 2012 election results, which signal greater support for same-sex marriage among the general population.3 As the political climate warms to laws recognizing same-sex relationships, one might expect to see an increase in legislation permitting same-sex adoption, particularly in light of the growing number of children available for adoption.4 Unfortunately, the forecast is less optimistic for orphans whose prospects for permanent placement are compromised by an increase in state laws that limit or proscribe adoption by gay and lesbian couples and individuals.

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