Same Sex Marriage

The decrease in the amount of marriages and the change in what a family unit looks like in the United States has prompted lawmakers in CA to propose a bill that would allow a child to have more than two parents.  The New York Times reported last week on a bill that has passed the California Senate with Democrats voting for and Republicans against.

Increasing Number of States Recognizing Third Parents

This may seem like a revolutionary idea – for a child to have more than two parents, however, there are several states that have recognized similar situations in recent years.  As the NY Times reports, Delaware and the District of Columbia have passed laws that allow for third “de facto” parents.  Other states such as Oregon

“Non-Traditional” families may gain increased legal recognition if recently introduced California legislation becomes law.

and Massachusetts have had their courts recognize third parents throughout the last decade.

The CA bill would allow judges to acknowledge that a child has more than two legal parents.  This recognition would allow families that include same-sex couples to have legal relationships where they may not have been able to previously.  There are many possibilities for today’s varied family structures to have more security – insurance, schools, hospitals, etc. would all be more accessible to people acting as parents because they would now be able to be legally recognized as parents.

The bill would not only benefit families that include a same-sex couple.  For example, if a husband and wife divorce, this bill would allow the new spouse of either biological parent to be able to adopt any children from the previous marriage without having to terminate the parental rights of the biological parent.

Opponents of Recognizing Third Parents

Opponents of the law have concerns however.  They believe that this bill would “open the door” to same sex marriage, which they believe is wrong.  Critics also point out the confusion this could cause when it comes to child support payments.  It isn’t clear at this point what the effects would be on child support, however, it seems that it could only be beneficial to the child to have more sources of child support available.  The recognition of additional parents may also reduce the incredible stress on many state foster care systems because there would be more relatives available for placement when children are removed from their homes.

Opponents are also wary of slippery slope situations where a child could have a dozen parents, or more.  However, the bill does not seem to allow a free for all – it allows a judge to recognize an additional legal parental relationship between an adult and a child in addition to the child’s biological mother and father.  The judge would have to find that the recognition of this additional parent is in the child’s best interest.

Recognizing a Third Parent in Iowa

Currently, Iowa is not one of the states that recognizes a third parent relationship.  When child custody is an issue in Iowa,

Iowa law requires that the court, “insofar as is reasonable and in the best interests of the child,” shall order the custody award, including liberal visitation rights where appropriate, which will assure the child the opportunity for maximum continuing physical and emotional contact with both parents after the parents have separated and dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent.

As in other states, it is unclear how the recognition of a third parent would change child custody practices in Iowa.  A bill similar to the CA bill has not yet been introduced in Iowa, however, if the CA bill is successful, it may open the door for such legislation in other states, including Iowa.

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Three Former Iowa Supreme Court Justices Honored by Kennedy Presidential Library

Former Iowa Supreme Court Chief Justice Marsha Ternus and former Justices David Baker and Michael Streit were awarded the 2012 John F. Kennedy Profiles in Courage award in Boston on Monday, May 7th.  The Justices lost their seats on the court in a 2010 retention vote, that in any other political climate would have been considered routine.  However, the Court’s unanimous decision in 2009′s Varnum v. Brien  to allow same-sex marriage in Iowa proved to be unpopular with Iowa voters.

After the decision, special interest groups, such as The Iowa Family Leader , flooded the state with television ads and other negative publicity claiming the justices were “out of touch” and “activists” because of their decision in Varnum.  As a result, Chief Justice Ternus, Justice David Baker, and Justice Michael Streit were all removed from the Iowa Supreme Court.

Thanks to these justices and the others they served with, who remain on the bench, same-sex marriage remains legal in the state of Iowa.

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