On June 26, the U.S. Supreme Court ruled in a widely celebrated decision that all 50 states must issue marriage licenses to couples regardless of their sexual orientation, likely ending an era of patchwork marriage rights for same-sex couples in the United States.
In a same-day op-ed for the Los Angeles Times, Douglas NeJaime, law professor and faculty director of the Williams Institute at UCLA, argues that “equality for gay families” has not been delivered with marriage. To ensure family dignity for gays and lesbians, says NeJaime, the next step is removing legal barriers to surrogacy. By failing to embrace commercial surrogacy, NeJaime continues, states will be effectively limiting the definition of family to heterosexual couples who can bear their own children.
For many decades leading up to present day, a number of discriminatory state laws have specifically excluded LGBTQ people from adoption and parental rights. This history is heart-breaking. Lesbian, gay, and transgender parents have been deemed “unfit” for being “antisocial,” “mentally ill,” and lacking in the moral fiber of “traditional family values” required to raise an upstanding citizen. These parents have fought for the dignity of their families, in schools, hospitals, social gatherings, churches, and too often, in unsympathetic courtrooms. With the victory of marriage equality, there are pressing issues for LGBTQ rights that extend way beyond weddings—as NeJaime suggests. Yet looking to the same principles of justice and equality that the marriage decision represents, we should proceed with caution and not move to an uncritical acceptance of the commercial surrogacy industry in this moment of hope and change.
The views, opinions and positions expressed by these authors and blogs are theirs and do not necessarily represent that of the Bioethics Research Library and Kennedy Institute of Ethics or Georgetown University.