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Currently there is ongoing support in Utah of the federal ruling of marriage equality for same sex marriages as can be found in the federal HR 8404 Respect for Marriage Act that was signed into law in December 2022. The reality is that law was largely already in effect under the U.S. Supreme Court’s Obergefell decision in June 2015. There are multitudes of rights at a state level that protect married couples and their families, including visiting a loved one in the hospital, passing on an inheritance, and custody rights to children as examples.
Situation: Currently there is risk of discrimination, abuse, and bullying of LGBTQ+ children in home and family settings.
Evidence: According to The Trevor Project, as of March 2022, “Nearly two-thirds of U.S. adults (62%) said they would be comfortable if their child came out to them as gay, lesbian, or bisexual, while only 13% would not be comfortable at all. Comparatively, exactly half of all adults said they would be comfortable if their child came out to them as transgender or nonbinary. Fewer than 1 in 5 would not be comfortable at all if their child came out as transgender (18%) or nonbinary (16%). However, 72% of all adults said they are confident that they would be able to understand and support their child if they came out as transgender and/or nonbinary.” This is significant progress, but we need to keep working.
Considerations and Efforts to Address the Issues: Education is needed and protections put in place. Consider taking some time to learn about the Family Acceptance Project (Caitlin Ryan, San Francisco State University).
Situation: One of the most significant underlying contributors to vulnerability to homelessness, substance abuse, high-risk sexual behavior, or child sexual explotation and abuses for LGBTQIA+ children and young people is familial conflict.
Evidence: As May-Chahal, C.A., & Palmer, C. E. (2018) eloquently states, using secondary sources, "One of the most significant underlying contributors to vulnerability to CSEA [child sexual explotation and abuses] for LGBTQI+ children and young people is familial conflict. Those who identify as LGBTQ+ frequently face intolerance from family members due to social and gender norms underpinned by stigma, shame and homophobia (Buller et al., 2020). Even mere suspicions of a child's sexuality can lead to family conflict (Hart et al., 2018; Choi et al., 2015; Gibbs & Goldbach, 2015). Studies in the US have shown that rejection and abusive relationships with parents can cause a chain of events including running away, engaging in substance abuse or high-risk sexual behaviours that can all lead to sexual exploitation (Wolfe et al., 2018; Chohaney, 2016).
Considerations and Efforts to Address the Issues: Education is needed and protections put in place. As May-Chahal, C.A., & Palmer, C. E. (2018) eloquently states, "It is clear that prevailing gender norms result in LGBTQI+ children and young people's feelings of shame, guilt or exclusion, which is disempowering and potentially further increases their vulnerability to CSEA [child sexual explotation and abuse]. LGBTQI+ children and young people find themselves stigmatized and discriminated against and often feel they have few safe places to turn. Frequently faced with abusive situations at home, they disproportionally are homeless and pushed into situations of sexual exploitation, sometimes actively engaging themselves, though perhaps as a result of few other options. This can be resulting from influences such as societal homophobia and transphobia, internalized shame and self-blame or simply the pragmatics of trading sex for the basic necessities of survival. Little will change for these children until inclusive strategies and programmes for the prevention, detection, reporting, treatment and support also include specific measures for LGBTQI+ children and young people."
In Utah Code 53G-9-702 Youth suicide prevention programs there is a requirement to address decreasing the risk of suicide among youth who are not accepted by family for any reason, including lesbian, gay, bisexual, transgender, or questioning youth in secondary grades. Also, Utah has an LGBTQ+ suicide prevention plan that mentions family acceptance as a protective factor.
Situation: Discrimination of LGBTQIA+ children in foster care and the child welfare system.
Evidence: According to Utah Foster Care, “Being in foster care is tough enough; being LGBTQ in foster care can be bleak. Over 30% of youth in care identify as LGBTQ. They are 3 times more likely to attempt suicide and 4 times more likely to be kicked out or run away for being queer.”
Currently there are no adoption laws or policies that prohibit discrimination based on sexual orientation and gender identity. State law provides that adults who are "legally married to each other in accordance with the laws of this state" may petition to adopt jointly. Utah Code Ann. § 78B-6-117(2)(a). Because marriages of same-sex couples are now recognized nationwide, same-sex spouses should be able to adopt jointly. With the nationwide recognition of marriage equality, this provision should apply equally to same-sex married couples as it does to different-sex married couples. The version from May 2022, no longer has the stipulation that the marriage is to be between a man and woman (which the prior version did).
Considerations and Efforts to Address the Issues: Efforts toward acceptance, impartiality, understanding and support versus rejection and discrimination of all LGBTQ+ children in home and family settings including foster care and the child welfare system. In Utah Code 53G-9-702 Youth suicide prevention programs there is a requirement to address decreasing the risk of suicide among youth who are not accepted by family for any reason, including lesbian, gay, bisexual, transgender, or questioning youth in secondary grades. Also, Utah has an LGBTQ+ suicide prevention plan that mentions family acceptance as a protective factor.
Note: Utah had regulations that prohibit discrimination in foster care based on the sexual orientation of a child. Utah Admin. Code R501-12-13(f) but it seems they have since been removed. Older version compared to newer version (5/21/23).
References:
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