habiting couple, thereby excluding all same-gender couples.
State court rulings in Colorado, Nebraska, Ohio, and Wisconsin have not permitted second-parent adoption by same-gender individuals.
Foster parenting by gay and lesbian individuals and/or same-gender couples is prohibited in at least 3 states: Arkansas, Nebraska, and Utah. In December 2004, an Arkansas court declared unconstitutional the state's regulation prohibiting gay and lesbian foster parenting. The decision is currently under appeal.
Although not expressly forbidden by statute or regulation, gay and lesbian individuals have been denied the ability to apply for foster parenting as a result of unwritten administrative policies of some state agencies. In February 2006, such a policy was overturned in Missouri by a state judge, thereby ordering the state to issue a foster parent license to individuals who pass the necessary requirements regardless of sexual orientation.
In early 2006, efforts were underway in at least 16 states (Alabama, Alaska, Arizona, Georgia, Indiana, Kansas, Kentucky, Michigan, Missouri, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Vermont, and West Virginia) to introduce constitutional amendments prohibiting gay and lesbian individuals and couples from fostering or adopting children.
In 1996, the US Congress enacted the DOMA. The act prohibits federal recognition of same-gender civil marriage and allows states to do the same. As noted above, since 1996, many states have enacted related measures. States have traditionally recognized marriages granted in other states, even those that may not be in compliance with the marriage laws of that particular state, because of the “full faith and credit” clause‖ of the US Constitution. This clause is primarily intended to provide for the continuity between states and enforcement across state lines of nonfederal laws, civil claims, and court rulings.
Constitutional Amendment Proposals
Civil marriage has traditionally been viewed as a matter of state concern and regulation in the United States. The Constitution does not mention marriage at any point. However, in 2003, proposals to prohibit same-gender civil marriage by amending the Constitution were introduced into Congress by Representative Marilyn Musgrave (R-CO) and Senator Wayne Allard (R-CO). In 2004, the Senate measure was killed after a procedural vote to move the measure to the Senate floor for final consideration failed, 48 to 50 (12 short of the 60 votes required by Senate rules). Despite the measure's defeat in the Senate, the House of Representatives also scheduled a vote. The vote tally, 227 for and 186 against, fell short of the 290 votes needed for approval.
Legislators and public-policy makers have come to recognize pediatricians as credible and independent sources of expertise on matters of child well-being and family life. During the 2004 hearings on this measure, individual pediatricians provided testimony focusing on the well-being of children of same-gender parents and on the potential benefits of civil marriage for these families.15,16
In 2005, 2 Senate joint resolutions17 and 1 House joint resolution18 were introduced. All 3 measures would establish a new amendment to the US Constitution, often referred to as the “federal marriage amendment,” that defines marriage as the union of 1 man and 1 woman, thereby prohibiting same-gender couples from marrying. President George W. Bush has frequently stated his support for such an amendment.
Hearings on these bills have been held. Two pediatricians were invited to testify before the US Senate Judiciary Committee Subcommittee on the Constitution, Civil Rights, and Property Rights on the matter of same-gender couples, gay and lesbian parents, their children, and the related rights, benefits, and protections of civil marriage.19,20
In early 2006, Senate Majority Leader Bill Frist, MD (R-TN), and Senator Rick Santorum (R-PA) announced their intentions to bring the same-gender civil marriage ban amendment to the floor for a vote by the full Senate. The House Republican leadership also signal