LGBT RIGHTS AND FAMILY RIGHTS

LGBT

• was formerly known as the gay community. It refers collectively to Lesbian, Gay, Bisexual, and Transgender, Intersex and Queer people.

• Every human being has a certain gender identity

= self-identification as a woman, a man, neither or both

TRANSGENDER

• does not match one's assigned sex (by their looks) = transgender does not imply any specific form of sexual orientation; transgender people may identify as heterosexual, homosexual, bisexual, pansexual, polysexual, or asexual

• some may consider conventional sexual orientation labels inadequate or inapplicable to them

LGBTQI AND THE LAW

• The laws vary greatly by country or territory—from legal recognition of  same-sex marriage or registered partnership, to the death penalty as punishment for same-sex sexual activity (sodomy) or identity.

WHY ARE PEOPLE GAY?

• + Advocates of gay rights say that sexual orientation, like race or disability, can't be changed, and therefore LGBTQI people should be protected like any other minority group.

• - Most opponents argue that homosexuality is a lifestyle choice (one can decide to become gay) and that it shouldn't be rewarded.

• Many objections to gay rights have roots in religion; most major religions oppose homosexuality as a violation of the law of God

- reproduction is seen as an argument that same-sex intercourse is unnatural.

Legal recognition of same-sex couples - MARRIAGE IS LEGAL IN THE FOLLOWING COUNTRIES:

Argentina, Belgium, Canada, Iceland, Netherlands, Norway, Portugal, South Africa, Spain, Sweden

LGBT FAMILIES

• Of course, hand-in-hand with the issue of marriage comes the question of children. Gay couples and individuals hoping to adopt can face legal and societal hurdles from those who say homosexuality presents a clear danger to a child's development and a healthy sexual identity

LGBT PARENTING

Forms:

• coparenting (via adoption)

• foster care

• adoption

• donor insemination

• surrogacy

ADOPTION

• Adoption by same-sex couples is prohibited by a majority of countries, but this is an area of active debate and a growing number of jurisdictions are allowing it.

• Although in many countries (such as the Czech Rep.) a single (= unregistered) gay/lesbian person is allowed to adopt a child.

ADOPTION

• individual adoption - one in the couple applies for adoption

• joint adoption - both partners adopt the child

• second-parent adoption - Second parent adoption is a legal procedure that allows same-sex couples (gay and lesbian parents) to adopt their partner's biological or adopted children without terminating the first parent's right as a parent. Second parent adoptions give the child two legal guardians. It protects both parents by giving both of them legally recognized parental status.

Also Known As: Co-Parent Adoption

Examples: A second parent adoption usually takes place when a lesbian has a child through artificial insemination and her lesbian partner adopts the child as her own also. Or a bisexual man has a biological child from his previous heterosexual relationship with a woman.

LGBT FAMILIES – RIGHTS IN THE EU

Currently 9 European countries permit gay and lesbian couples to adopt children (the so-called joint adoption):

Germany, Belgium, Denmark, Spain, Iceland, Norway, the Netherlands, the U.K., and Sweden.

OTHER WAYS FOR LGBTQI COUPLES TO HAVE CHILDREN:

• Donor insemination -What is DI?

Donor insemination (DI) uses sperm from a donor to help the woman become pregnant.

• Surrogate motherhood - a relationship in which one woman bears and gives birth to a child for a person or a couple who then adopts or takes legal custody of the child; also called mothering by proxy.

In surrogate motherhood, one woman acts as a surrogate, or replacement, mother for another woman, sometimes called the intended mother, who either cannot produce fertile eggs or cannot carry a pregnancy through to birth, or term.

ADVANTAGES OF LGBT FAMILY

• it´s always better for the child to have a family

• the homosexual couples tend to have a more sensitive approach to their children´s upbringing

• children with gay and lesbian parents have more empathy toward others and are more fluent in and comfortable with issues of human diversity (based on their experience)

• it encourages people to have strong family values and give up high-risk sexual lifestyles often associated with the gay community.

DISADVANTAGES

• the child could suffer bullying and teasing at school for having 2 dads or 2 mums

• denying anyone the right to marry and have children is a violation of civil and religious freedom (civil and religious marriages are two separate institutions) and it is also a form of minority discrimination

• marriage benefits (such as joint ownership, medical decision-making right) should be available to all couples regardless their sexual preferences

• the same financial benefits (tax deduction, etc.) that apply to man-woman marriages should apply to same-sex marriages

MYTHS VS FACTS

1.Myth: The only acceptable home for a child is one with a mother and father who are married to each other.

Fact: Children without homes do not have the option of choosing between a married mother and father or some other type of parent(s). These children have neither a mother nor a father, married or unmarried. Adoption and foster care policies must deal with reality, or these children will never have stable and loving homes.

2. Myth: Children need a mother and a father to have proper male and female role models

Fact: Children without homes have neither a mother nor a father as role models. And children get their role models from many places besides their parents. These include grandparents, aunts and uncles, teachers, friends, and neighbours.

3. Myth: Children raised by gay or lesbian parents are more likely to grow up gay themselves.

Fact: All of the available evidence demonstrates that the sexual orientation of parents has no impact on the sexual orientation of their children and that children of lesbian and gay parents are no more likely than any other child to grow up to be gay. There is some evidence that children of gays and lesbians are more tolerant of diversity, but this is certainly not a disadvantage.

Different ages of consent

• The age of consent is the age when the law says you can agree to have sex. In most countries, until you reach this age you can't legally have sex with anyone, however old they are.

• Sometimes the law differs when the partners are of the same sex.

CZECH REP. AND LGBT RIGHTS

• Same-sex sexual activity was decriminalized in 1962.

• The age of consent was equalized in 1990 (to 15 – it had previously been 18 for homosexuals).

• The Army doesn't question the sexual orientation of soldiers, and allows homosexuals to serve openly.

• Homosexual prostitution was decriminalized in 1990.

A Home With No Dad is Better?

• Among the findings cited by the authors:

1. Compared to the daughters of heterosexual mothers, the daughters of lesbians more frequently dress, play and behave in ways that do not conform to sex-typed cultural norms. They show greater interest in activities with both masculine and feminine qualities. They have higher aspirations to occupations that are not traditionally female.

2. In terms of aggression and play, sons of lesbians behave in less traditionally masculine ways. They are likely to be more nurturing and affectionate than their counterparts in heterosexual families.

3. One study examined by the researchers indicated that a significantly greater proportion of young adult children raised by lesbians had engaged in a same-sex relationship (six of 25 interviewed) than those raised by a heterosexual mother (none of 20 interviewed).

4. Those raised by lesbian mothers were also more likely to consider a homosexual relationship.

5. Teen-age and young adult girls raised by lesbian mothers appear to be more sexually adventurous and less chaste than girls raised by heterosexual mothers. Sons, on the other hand, were somewhat less sexually adventurous and more chaste than boys raised by heterosexuals.

6. The studies indicate that sexual orientation has no measurable effect on the quality of parent-child relationships or on the mental health of children.

• Indeed, what she found makes sense -- lesbian mothers tend to have a feminizing effect on their sons, and a masculinizing effect on their daughters.

• (Source: The Los Angeles Times, "Professors Take Issue With Gay-Parenting Research," April 27, 2001, and "Report: Kids of Gays More Empathetic," by David Crary, National Writer, Associated Press)

HOW DOES HOMOSEXUALITY HAPPEN

• The causes of homosexuality and bisexuality are controversial (people do not agree on them). Many religions see homosexual or bisexual behavior as sin (so called sodomy).

• However, many modern scientists have theorized that homosexuality is not a choice. The causes of homosexuality are not all understood, but genetics and the effects of prenatal hormones (when a baby is growing in its mother) and environment are sometimes thought to be causes. Scientists also show that homosexuality happens not only in humans. Most animals (like penguins, chimpanzees, and dolphins) often show homosexuality, some even for life-long periods as is the case with humans.

• Many scientists and doctors also agree that no one can change their sexual orientation. Doctors used to treat gay people as if they had mental illnesses. However, homosexuality is no longer called a disease by doctors in many countries. There are some religious groups who still try to 'cure' homosexuality. This is called 'reparative therapy.' In therapies like this one, homosexual individuals have tried to change themselves to heterosexual and have even claimed they were changed, but most experts do not believe it is possible.