by Judge George Timberlake, Ret., JJIE.org
Recently, I had a visit from a couple I have known for decades. Let’s call them Butch and Mary. They had a problem: Their daughter, Jane, had just split from the father of her child, and custody and other issues had arisen. During the conversation, I asked about family relationships and resources and Mary said that the whole family was supportive except one grandmother.
That grandparent had become estranged when she learned a few years ago that Jane was “dating a girl.” There was no hesitation in relaying this information, and no judgments about this history were indicated in this statement of fact. My friends’ willingness to openly discuss these family issues was enlightening.
If we were to seek a label for Jane — as her paramour’s attorney might do in a custody battle — would she be lesbian, bisexual, curious or “cured?” And what effect would that have on the court system in its duty to do justice?
If the U.S. Supreme Court has declared gay marriage to be part of the fundamental rights of privacy, speech and expression for all American citizens, does that signal the acceptance of lesbian, gay, bisexual and transgender individuals as illustrated by my friends?
For the juvenile justice and child welfare courts, the answer is decidedly “No.” In a 2010 report, the National Council of Crime and Delinquency found that LGBT youth comprise 5 to 7 percent of the general population but approximately 15 percent of detained youth. Subsequent research has verified that finding and has looked for causes of this disproportionality.