The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children
In 2005, the American Academy of Pediatrics (AAP) Board of Directors commissioned the Committee on Psychosocial Aspects of Child and Family Health, the Committee on Early Childhood, Adoption, and Dependent Care, the Committee on Adolescence, the Committee on State Government Affairs, the Committee on Federal Government Affairs, and the Section on Adoption and Foster Care to develop an analysis examining the effects of marriage, civil union, and domestic partnership statutes and amendments on the legal, financial, and psychosocial health and well-being of children whose parents are gay or lesbian.
In developing this analysis, the involved committees and section held before them the AAP's core philosophy—that the family is the principal caregiver and the center of strength and support for children. Together with this philosophy, contributors recognized the reality that our gay and lesbian patients grow up to be gay and lesbian adults. Because many pediatricians are fortunate to care for 2 or more generations of a family, we are likely to encounter and remain involved with our patients, regardless of sexual orientation, as they mature and mark the milestones of establishing a committed partnership with another adult, deciding to raise a family, and entrusting the health and well-being of their own children to us.
This analysis explores the unique and complex challenges that same-gender couples and their children face as a result of public policy that excludes them from civil marriage. In compiling this report it became clear to the contributing committees and section that the depth and breadth of these challenges are largely unknown to the general public and perhaps even to many pediatricians. As such, the AAP Board of Directors approved the broad dissemination of this analysis to assist pediatricians with addressing the complex issues related to same-gender couples and their children.
It is important to note at the outset the distinction in the types of marriages that exist in the United States and throughout the world, namely civil marriage and religious marriage. In addition, there are significant legal distinctions among civil marriage, civil union, and domestic partnership, although these terms are often incorrectly used interchangeably.
Civil Marriage and Religious Marriage
Civil marriage is a legal status established through a license issued by a state government. Such status grants legal rights to, and imposes legal obligations on, the 2 married partners.
Depending on the faith, religious marriage is considered to be a liturgical rite, a sacrament, or a solemnization of the uniting of 2 persons and is recognized by the hierarchy and adherents of that religious group. The hierarchy, clergy, and in some cases members of religious organizations, establish their own criteria and rules for who may marry within their assemblies. They are not bound by statutory definitions of marriage. Civil government entities in the United States have no authority over a religious organization's autonomy.
In the United States, couples may choose to marry in a civil ceremony, a religious ceremony, or both. In the United States, state governments grant priests, rabbis, clerics, ministers, and other clergy presiding over a religious marriage the authority of the state to endorse the marriage license and establish a civil marriage. Certain public officials in the United States, such as judges, justices of the peace, and others, also have the authority to establish civil marriage.
By contrast, in many European countries and elsewhere in the world, religious officials have no authority to establish civil marriages. If couples in these countries wish to participate in the marriage ceremony of a faith tradition, religious ceremonies are often held once a civil ceremony has taken place. However, a marriage is considered legal only by means of issuance and endorsement of a marriage license by civil authorities.
Because clergy in the United 