The custody determinations involving Lesbian mothers raise constitutional issues which must be examined against our society's strongly anti-homosexual background. Generally, problems the women face result from Western culture's ancient homophobia—a combination of fear, hatred and ignorance—which has produced a heritage of persecution directed at homosexuals. Because anti-homophile attitudes are so deeply rooted and widely accepted, they of course influence legislative and judicial responses to the homophile's demands for equal rights. Therefore, before considering the relevant constitutional issues, this Note will discuss the history and development of Western homophobia.
The Avowed Lesbian Mother and Her Right to Child Custody: A Constitutional Challenge That Can No Longer Be Denied,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol12/iss4/4