Does Gay Parenting Raise Legal Issues in the Workplace?
Jennifer Middleton, staff attorney for the Lambda Legal Defense & Education Fund. Feb. 19, 2002
Q: Dear Jennifer,
I am a teacher at an elementary school in Connecticut where I feel well-established and respected. I have slowly come out to a few staff members whom I consider safe, and so far, the reaction has been positive or it is just treated as a non-issue.
My partner and I want to start a family in the near future and I plan to carry the baby. I need some advice on how to best approach this topic with my students, parents and staff, especially my principal. Connecticut schools have a non-discrimination policy for gay and lesbian people, so I feel confident that my job will not be at risk.
Are there any legal issues I should be aware of that involve a pregnancy under my circumstances being seen as immoral by the school district? I want to do my homework before my partner and I follow through on this to make sure I understand any risks.
I have been trying to seek out the support of other teachers in my state via gay and lesbian teacher organizations who may have been through this, but so far I haven't found what I need.
Thank you,
Tori
A: Dear Tori,
You should not face legal problems concerning your pregnancy. In Connecticut, there is no legal barrier to lesbian parenting. Indeed, the state Legislature has approved second-parent adoptions, something that had never before been done through legislative action without a prior court decision permitting the procedure. One would be hard-pressed to deem such parenting immoral after such a statement by the Legislature. [Editor's note: Connecticut is also one of 12 states that outlaw discrimination based on sexual orientation in employment, housing and public accommodations.]
Of course, finding the best way to broach the topic with school administrators and co-workers is something that only other teachers and local resources can help you do. You are smart to approach it with a clear head and to let them know of your plans ahead of time. If you should encounter any difficulty, feel free to contact us at the Lambda Legal Defense and Education Fund.