State Senate Bill Would Restrict Adoption Rights

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State Senate Bill Would Restrict Adoption Rights

Postby Darwin on Sat Feb 07, 2009 4:56 pm

On January 29, state Senator Paul Stanley (R - District 31) introduced Senate Bill 0078 to the Tennessee General Assembly. If passed, this measure would allow only married, heterosexual couples to adopt children:
The Tennessee Constitution provides that "the historical institution and legal contract solemnizing the relationship of one man and one woman shall be the only legally recognized marital contract in this state."

This bill prohibits certain individuals from adopting a minor child. Under this bill, any individual who is living with another person and is involved in a sexual relationship with that person ("cohabitating") outside of a marriage that is valid under the constitution would not be allowed to adopt a minor child. This bill states that it would apply to cohabitating opposite-sex and same-sex individuals.

[From the Tennessee General Assembly's summary of the bill. Full text of the bill available here (Adobe PDF).]

How nice of Senator Stanley to note that he's not looking to discriminate solely against homosexual couples.

With divorce rates in Tennessee fifty percent notably higher than the national average, I submit that the "traditional" marriage isn't exactly the touchstone of familial stability some would like us to think it is. We need to be finding more ways to get orphaned, abandoned, and abused children into permanent and loving families, not fewer.
Last edited by Darwin on Tue Feb 10, 2009 7:37 pm, edited 1 time in total.
Reason: Hyperbole.
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Re: State Senate Bill Would Restrict Adoption Rights

Postby Bomber1 on Tue Feb 10, 2009 4:05 pm

Tennessee's divorce rate isn't 50 percent higher than the national average. Not even close, in fact. The national average is 3.6 per 1,000 people. The state rate is 4.4 per 1,000 people.
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Re: State Senate Bill Would Restrict Adoption Rights

Postby Darwin on Tue Feb 10, 2009 7:36 pm

Bomber1 wrote:Tennessee's divorce rate isn't 50 percent higher than the national average. Not even close, in fact. The national average is 3.6 per 1,000 people. The state rate is 4.4 per 1,000 people.

I based my initial comment on a Barna Research Group study quoted by ReligiousTolerance.org:
"Tennessee, Arkansas, Alabama and Oklahoma round out the Top Five in frequency of divorce...the divorce rates in these conservative states are roughly 50 percent above the national average" of 4.2/1000 people. [source]

Turns out it's based on old data, circa 1999-2000. Such is the timeliness of results yielded by searches on variations of "Tennessee divorce rate" when you find yourself trying to sift something useful from page after page of ad hoc internet businesses trying to sell you E-Z divorce kits.

The National Center for Health Statistics website does indeed put the national rate at 3.6/1000 (2005 data), while their most recent state-by-state numbers (2004) peg Tennessee at 4.9/1000. Using 2007 county-by-county data from the Tennessee Department of Health, I come up with a divorce rate of 4.6 per 1000. Fifty percent higher than the national rate would be 5.4/1000. Tennessee therefore falls short of the half-again-as-much figure by eight-tenths of a point. Oops.

Would "notably higher" work?
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Re: State Senate Bill Would Restrict Adoption Rights

Postby Bomber1 on Wed Feb 11, 2009 12:46 am

The 4.4/1,000 data comes from a 2007 report (the most recent available) from the state's Department of Health.

I wouldn't say notably higher. I would simply say it's higher than the national average. But I know you aren't going to let me make your argument for you. ;) I just don't think that if you walk into Neyland Stadium (circa 2008, so it would actually be full) and think, Okay... there are 100 more people in here who are divorced than there would be if this were Michigan or Kansas, that isn't a significant number to me (I have no idea what the divorce rate is in Michigan or Kansas. I just threw out a couple of somewhat normal states that are located outside the Bible Belt).

It's all semantics anyway. But your point that us Tennesseans are hardly bastions of the storybook American family is well taken. And that, unfortunately, goes for the rest of the region. I'd be interested to know exactly why that is.

That doesn't change my position of being in favor of legislation like this, though. For all the faults our families have, there's something to be said of these children being placed in stable families. And without data showing how many marriages with adopted children end in divorce, I'm going to assume that those couples who decide they are ready to adopt a child are probably more likely to stay together than those who are having issues with their marriage. It would be hard for me to believe that a couple that isn't fully committed to building a family would go through the extremely costly process of adoption. (And I'm going to research this when I have some more time, but I wonder what the divorce rate is by age group in Tennessee, or if that data is even available? I would surmise that there are a lot more folks married at a young age (18-21) in Bible Belt states like Tennessee than in states like Massachusetts, where the divorce rate is much lower, and I would also wager that those young marriages are statistically more likely to end in divorce than older marriages. That might well explain the divorce statistical divide between the conservative South and the liberal Northeast. Assuming all that to be true, I don't know of any 20 year old couples who have applied for adoption, which leads back to my argument that those couples who are seeking adoption are more stable than our divorce rates might suggest.

So I'm for it. And I don't see it as being related to homosexual parents-to-be. Of course the argument is going to be, and you've already made it, that legislation like this would simply make it harder for abandoned children to be placed into a loving home. But I would submit to this debate that as long as we have American couples who go to China and other foreign nations to adopt children because it's easier or cheaper or there's less of a chance of the birth mother seeking to have legal custody reinstated later in life -- until we're willing to cut through the prohibitive costs and overwhelming red tape involved with adoptions to make it easier for middle class families to adopt children -- we're not too interested to begin with in seeing as many of these children as possible placed into loving homes.
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Re: State Senate Bill Would Restrict Adoption Rights

Postby Hypatia on Sat Feb 14, 2009 11:52 am

Bomber, you've made a lot of good points and your post was very thoughtful. Of course, I don't agree with you, but that's nothing new.

Bomber1 wrote:So I'm for it. And I don't see it as being related to homosexual parents-to-be.


How can you possibly not see this as being related to homosexual parents-to-be? This bill seeks to restrict adoption to only married couples, with the suggestion that married couples are more stable, but what about the fact that the vast majority of same-sex couples seeking to adopt would be married if the state would allow it?

Any other couple seeking adoption and being restricted by this new law, should it come to pass, has the liberty to go down to the courthouse and get hitched. And marriage isn't exactly a binding contract. Is there anything to prevent the adoptive parents from divorcing once the adoption is finalized? People get married for all kinds of reasons, including to get green cards and health insurance. A bill like this isn't going to stop anyone who seriously wants to adopt except for same-sex couples.

Bomber1 wrote:It would be hard for me to believe that a couple that isn't fully committed to building a family would go through the extremely costly process of adoption.


Would this not also apply to a same-sex couple?

If you have a problem with same-sex couples being parents, then that is another matter entirely, and you can make that argument. But don't pretend that this is only about couples being stable. Some of the most unstable people I know have been married for decades.
"Where we do disagree, let's disagree over things that are real, not these wild misrepresentations that bear no resemblance to anything that's actually been proposed." - President Obama
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Re: State Senate Bill Would Restrict Adoption Rights

Postby Bomber1 on Sun Feb 15, 2009 11:08 am

Hypatia wrote:How can you possibly not see this as being related to homosexual parents-to-be? This bill seeks to restrict adoption to only married couples, with the suggestion that married couples are more stable, but what about the fact that the vast majority of same-sex couples seeking to adopt would be married if the state would allow it?


I have no way of knowing the intention of the bill's author. But as I see it, it isn't just about homosexual parents-to-be. Maybe "related" was a bad word. Of course it's related, even if in an indirect way. It would've been better phrased to have said that I don't see it as being focused on homosexual parents-to-be. Legislation like this would be just as much a hindrance on unmarried heterosexual couples and on singles regardless of their sexual orientation, as it would be on homosexual couples. That's just my way of thinking. I am opposed to artificial insemination to allow single women to have children. Now, if we were truly talking about a great number of children needing to be adopted and there being an absence of prospective parents, that would change the scope of things. But as I mentioned in the earlier post, I believe there are plenty of married folks who would be eager to adopt if it weren't for the prohibitive cost and all the red tape involved.

Your point about anybody other than homosexuals being able to get around this law by simply getting hitched is well taken. I could support a stipulation in the bill that would require couples to be married for x-number of years (3? 5?) before being eligible to adopt.
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Re: State Senate Bill Would Restrict Adoption Rights

Postby jnone on Sat Apr 18, 2009 11:29 am

Bomber1 wrote:Tennessee's divorce rate isn't 50 percent higher than the national average. Not even close, in fact. The national average is 3.6 per 1,000 people. The state rate is 4.4 per 1,000 people.

So we should rejoice that our divorce rate is opnly 25% higher than the national average.
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