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E Law – Murdoch University Electronic Journal of Law – "Is the tide truly turning?: gays, lesbians, adoption and custody" by F Banks

September 3, 1996 Leave a comment

Banks, F, Professor of Law, University of Newcastle, Newcastle NSW 2308

E Law – Murdoch University Electronic Journal of Law v.3 no.3 Sept 1996

By examining United States case law involving disputes of adoption and custody by homosexual individuals and couples, the author concludes that recent court decisions appear to have taken a more positive view of the gay and lesbian relationships which were involved in the various decisions. The author comments on the relevance of these decisions to the existing and future Australian situation. He concludes that, unfortunately, United States law does not seem to have had direct impact on Australian law. The author believes that due to societal pressures the courts in Australia leave the impression that gay and lesbian people are awarded rights, privileges or responsibilities in respect of children faute de mieux. Such pressures might also be seen to be responsible for extremely detailed judicial reasoning for making orders in favour of gay and lesbian people. Bates is critical of the Australian courts’ approach and believes that it is the responsibility of judicial and administrative officers, academics and all those interested in societal developments to ensure that they are resisted, and instead focus on the need for a child to be brought up in a secure and loving environment, regardless of the sexual orientation of the caregivers.

[Link: Original Article]

Categories: Adoption, gay, Lesbian