Texas law prevents gay parents from both being listed on supplemental birth certificate forms for adoptive children. The forms provide space for only one mother, a woman, and one father, a male. The gender-specific language was added in 1997 as a part of a renewed commitment to conservative values, said the amendment’s author, former state Rep. Will Hartnett, R-Dallas.
Opponents of the provision say it compels same-sex families to present unwieldy paperwork to prove legal parentage for medical care, school enrollment and international travel, and prompts extra scrutiny that can embarrass or confuse children.
Connie Moore, a Houston adoption lawyer, said children do not “understand the legal distinction” when their birth certificate causes a hold-up “while in line to sign up for soccer.”
Rep. Rafael Anchia, D-Dallas, has filed legislation this session to strike the 1997 amendment from the Texas Health and Safety Code. The first two efforts to pass the bill in pervious sessions died in committee.
For Anchia, the bill is more about children than about parents. “When you point out to people that children can be adversely impacted by an inaccurate birth certificate, then the argument becomes clear and persuasive,” he said.
Hartnett, who did not seek re-election last year, said he would want the measure to be reconsidered if there was evidence it was “causing some hardship for the children.”
Though supporters of Anchia’s measure think growing national support for gay rights bodes well for its passage this session, its success may hinge on its initial fate in the House Public Health Committee.
Rep. Lois Kolkhorst, R-Brenham, who has chaired the committee in recent sessions and is likely to do so again this year, said she would wait to see if the bill had the votes.
“It’s a cultural shift and a big issue,” Kolkhorst said, adding, “You never want to throw a bill out there that just cuts the membership up.”
Rep. Anchia’s bill is HB201. There are still plenty of haters out there who will whine and stomp their feet and tell lots of lies in a desperate attempt to prevent the undoing of this wrong – one of the more prominent such people is quoted in the story – but the flame of their hatred is dying out, and it’s just a matter of time before this is seen as the incomprehensible anachronism that it is. I don’t expect Anchia’s bill to pass, because stuff like this always takes more than one session to come to fruition, but if it doesn’t happen this session the existing law may be made moot by upcoming Supreme Court rulings. Even if that doesn’t happen, we all know this is a relic. We can do the right thing now, or be forced to do it later. The only difference is how many people are hurt in the interim.