“[W]ith the law placing far fewer constraints on . . . [judicial] decision making [involving the parental rights of lesbians and gay men] than in other policy domains, judges’ personal biases and prejudices had free play there.” (Page 84)

“Judges sixty years of age or older had a probability of voting against lesbian or gay parents by a factor of 20 [percent] more than jurists under fifty years of age.” (Page 91) Women judges were 27 percent more sypathetic to gay parental rights than male jurists. (Page 88)

“[T]he appellate courts of Alabama, Arkansas, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia decided lawsuits involving child custody, visitation, adoption, and foster care at rates about 50 percent less favorable to homosexual parents than the rest of the nation.” (Page 144)

“[D]iversity on the bench is particularly crucial to the legal success of gay caregivers.” (Page 149)

II. Lesbian and Gay Family Issues Involving Child Custody, Visitation, Adoption, and Foster Care

A. By Lesbian and Gay Biological Parents

1. Disputes Between Biological Parents Involving Initial Determinations of Custody Where One Parent is Lesbian or Gay and the Other is Not

DiStefano v. DiStefano, New York Supreme Court, Appellate Division, 1978

Jacobson v. Jacobson, North Dakota Supreme Court, 1981

Thigpen v. Carpenter, Arkansas Court of Appeals, 1987

Bowen v. Bowen, Mississippi Supreme Court, 1997

Delong v. Delong, Missouri Court of Appeals, 1998

Piatt v. Piatt, Virginia Court of Appeals, 1998

2. Disputes Between Biological Parents Involving Change of Custody Where One Parent is Lesbian or Gay and the Other is Not

Stroman v. Williams, South Carolina Court of Appeals, 1987

J.B.F. v. J.M.F., Alabama Court of Civil Appeals, 1997

Ex Parte J.M.F., Alabama Supreme Court, 1998

Weigand v. Houghton, Mississippi Supreme Court, 1999

3. Custody Disputes Between Lesbian or Gay Biological Parents and Nonparents

Doe v. Doe, Virginia Supreme Court, 1981

Bottoms v. Bottoms, Virginia Supreme Court, 1995

4. Visitation Disputes Between Biological Parents Where One Parent is Lesbian or Gay and the Other is Not

J.L.P.(H.) v. D.J.P., Missouri Court of Appeals, 1982

Marriage of Cabalquinto, Washington Supreme Court, 1983

Marriage of Cabalquinto, Washington Court of Appeals, 1986

Chicoine v. Chicoine, South Dakota Supreme Court, 1992

Ex Parte D.W.W., Alabama Supreme Court, 1998

5. Visitation Disputes Between Biological Parents Who Both are Lesbian or Gay

Thomas S. v. Robin Y., New York Supreme Court, Appellate Division, 1994

LaChapelle v. Mitten, Minnesota Court of Appeals, 2000

6. Disputes Between Biological Parents Involving Disclosure of Parent’s Homosexuality to Their Minor Children

Marriage of Kraft, Iowa Court of Appeals, 2000

B. By the Domestic Partners of Lesbian and Gay Biological Parents

1. Custody

Curiale v. Reagan, California Court of Appeal, 1990

Nancy S. v. Michele G., California Court of Appeal, 1991

Gestl v. Frederick, Maryland Court of Special Appeals, 2000

LaChapelle v. Mitten, Minnesota Court of Appeals, 2000

Miller-Jenkins v. Miller-Jenkins, Court of Appeals of Virginia, 2006

2. Visitation

Alison D. v. Virginia M., New York Court of Appeals, 1991

Kulla v. McNulty, Minnesota Court of Appeals, 1991

Custody of H.S.H.-K., Wisconsin Supreme Court, 1995

E.N.O. v. L.M.M., Massachusetts Supreme Judicial Court, 1999

3. Adoption

Adoptions of B.L.V.B and E.L.V.B., Vermont Supreme Court, 1993

Adoption of Tammy, Massachusetts Supreme Judicial Court, 1993

Angel Lace M. v. Terry M., Wisconsin Supreme Court, 1994

Matter of Jacob, New York Court of Appeals, 1995

Adar v. Smith, U.S. Court of Appeals, Fifth Circuit, 2011

C. By Lesbians and Gay Men Who Are Biologically Related to the Children But Not as Parents

1. Custody

State ex rel. Human Services Department, New Mexico Court of Appeals, 1988

D. By Lesbians and Gay Men Who Are “Strangers” (i.e., Not Biologically Related to the Children, Nor Partnered with Their Biological Parents)

1. Adoption

Opinion of the Justices, New Hampshire Supreme Court, 1987

Adoption of Charles B., Ohio Supreme Court, 1990

In re M.M.D., District of Columbia Court of Appeals, 1995

Lofton v. Secretary of the Department of Children and Family Services, U.S. Court of Appeals, Eleventh Circuit, 2004

Florida Department of Children and Families v. In re: Matter of Adoption of X.X.G. and N.R.G., Court of Appeal of Florida, Third

District, 2010

2. Foster Care

Opinion of the Justices, New Hampshire Supreme Court, 1987

Brian R. v. Santa Clara County Department of Family and Children’s Services, California Court of Appeal, 1991

Welfare of G.A.S., Minnesota Court of Appeals, 1998

Department of Human Services v. Howard, Supreme Court of Arkansas, 2006