The Custody Crucible: The Development of Scientific Authority About Gay and Lesbian Parents

Abstract

In 1974, gay father Bruce Voeller sought visitation with his three children after divorcing his wife. The New Jersey family court held a six day trial that centered on expert witness testimony as to whether Voeller's homosexuality would be detrimental to his children. Drs. Richard Green and John Money testified on Voeller's behalf, whereas Voeller's ex-wife called Dr. Richard Gardner, who concluded that “‘the total environment to which the father exposed the children could impede healthy sexual development in the future.’” In his opinion, which imposed strict limitations on visitation, the judge focused on the opposition within the American Psychiatric Association (APA) over the decision to declassify homosexuality as a mental illness, reasoning that psychiatrists' inability to agree on how to define or classify homosexuality indicated that it was impossible to know what effect Voeller's homosexuality would have on his children. The court consequently concluded that the medical controversy, combined with “the immutable effects which are engendered by the parent-child relationship, demands that the court be most hesitant in allowing any unnecessary exposure of a child to an environment which may be deleterious.” The court imposed visitation restrictions to prevent the children from being in “any homosexual related activities,” which included prohibiting Voeller from ever introducing his partner to the children.

Sexual orientation, gender identity, and foster care: What can social science offer in a case like Fulton v. City of Philadelphia?

“…For example, qualified experts may have difficulty in summarizing the material in a succinct and appropriate fashion so as to make it useful to the court. In controversial areas, the evidence may be open to distortion, the views of individual scholars may be open to question, and "dueling experts" can cause confusion (George, 2016;Hammack & Windell, 2011).…”

Gender in the Context of Same‐Sex Divorce and Relationship Dissolution

“…Historically, the idea of LGBT people as parents has been a flashpoint in the struggle for LGBT rights (George, 2016;Rivers, 2013). 23 For this reason, there has been a significant amount of research done on lesbian and gay parents, 24 research that has conclusively determined that there are no significant differences between the parenting capabilities of gay men and lesbians as compared to those of heterosexuals (Biblarz & Stacey, 2010;Farr & Patterson, 2009;Goldberg, et al, 2012;Patterson, 2006;Tasker, 2013).…”

Sexuality, therapeutic culture, and family ties in the United States after 1973.

“…For gay and lesbian youth, bullying by peers and the risk of suicide in the face of familial rejection were areas of therapeutic concern. Beyond the issues that might bring couples or parents and children to seek out psychotherapy, the courts turned to therapeutic arguments in adoption and custody cases involving gay or lesbian parents in order to assess their fitness for rearing children (George, 2016; Rivers, 2013). This turn was part of a more general rise of a therapeutic framework for assessing potential adoptive parents (Herman, 2008).…”