I have no problem considering “family structure.” I don’t believe the sex of the members in that family structure should matter. So I’m happy that an adoption agency rates a two parent household as a better choice than a single parent household. But I don’t believe it should be able to rate mix-sex households higher than single-sex households.

The argument that resists this by pointing to psychological studies is the same argument that was raised in the context of race-sensitive adoption. The Court rightfully, in my view, rejected that kind of discrimination. To rely on social stereotypes to steer children is to reinforce those stereotypes. If anything, I believe any stereotypes against same-sex couples is going to fade quite quickly. We should move as quickly to include all as we can.

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law professor, activist.

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