- The Washington Times - Tuesday, January 27, 2009


For 14 years, since the D.C. Court of Appeals affirmed that gay adoptions are legal in the In re M.M.D. case, the law’s scope has slowly expanded as hundreds of new cases have been filed. The District is now, through new legislation, steadfastly attempting, once and for all, to tie up all the loose ends associated with same-sex-couple adoptions.

Included in the text of the legislation is a line “to provide that a child born to parents in a domestic partnership is born in wedlock.” And with that, the purpose of this legislation becomes clear: The D.C. Council is establishing a disposition favoring a gay marriage policy in the foreseeable future, if not directly in the here and now. The adoption issue, which several adoption lawyers say is a problem needing to be addressed, seems to be a ruse to obscure the District government’s desire to legalize gay marriage.

The policy was introduced on Jan. 6 by Democrat council members Phil Mendelson, at large, and Jack Evans, Ward 2, and would grant automatic parental rights and inclusion on a child’s birth certificate to a non-biological mother in a same-sex lesbian couple, effectively removing the need for adoption by the non-biological domestic partner.

Gay male couples seem to be left to the current devices of the law, but to alleviate that the law would seek “to permit a person whose parentage of a child is to be adjudicated to instigate a proceeding to establish parentage” - meaning the matter would go directly to court after the birth is over. This is because parental surrogates are illegal in D.C.

Regardless, this bill is a sham. It would clearly establish the principle of marriage to gay couples when they want children. The council should not be doing that without the full consent of the people and an open and honest discussion. At least California had the decency to put gay marriage before the voters in a referendum. The District seems bent on avoiding any possible opposition from voters by slipping their agenda through the back door with the passage of this legislation.

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