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Article
The Rights of the Child
Denver University Law Review Online
  • Catherine Smith, Washington and Lee University School of Law
Document Type
Essay
Publication Date
4-12-2011
Abstract

There are certainly upsides and downsides to pursuing the rights of children of LGBTs that must be thoroughly vetted. On one hand, a focus on the rights of children of gays and lesbians offers another avenue to push for equality by recognizing that discrimination extends to individuals because of their relationship to LGBTs, on the other hand, it may be viewed as bootstrapping or an end-run around lawful discrimination against LGBTs. On one hand, a child-centered approach to LGBT issues may contribute to the children’s rights movement, however, the same principles developed to seek recourse for these children could be used to challenge the rights of LGBT parents. On one hand, LGBT advocates could be vilified for “exploiting” their kids, on the other hand, the failure to advocate for the rights of children of LGBT parents can be faulted as well.

Comments

This essay was selected as winner in writing competition “On the Cutting Edge: Charting the Future of Sexual Orientation and Gender Identity Scholarship,” sponsored by the AALS Section on Gender and Sexual Orientation Identity.

Citation Information
Catherine Smith, The Rights of the Child, Denver U. L. Rev. Online (Apr. 12, 2011).