Houston gay couple faces adoption challenges

An out lesbian who serves as Houston's city controller says that on the day she was set to adopt two foster children, the juvenile court judge refused to allow anyone in his court to preside over the adoptions. "[The judge] didn't think gays should adopt and that I ought to find another judge," Annise Parker said. She did. Thirteen-year-old Daniela and 9-year-old Marquitta had been in and out of foster care for years. Children's Protective Services had already approved placing the girls with Parker and her partner, Kathy Hubbard. Whether other openly gay Harris County residents have gone through a similar experience is difficult to gauge. Adoption records are sealed. But while Texas law neither prohibits nor protects adoption by gays--leaving the matter to local courts--gay rights activists say juvenile court judges in Texas have interpreted the law conservatively, giving the perception they discriminate against gays and lesbians. "Gays and lesbians have to jump through more hoops than heterosexuals, despite no proven scientific study that says [they] have any negative consequence on children," Randall Ellis, executive director of the Lesbian/Gay Rights Lobby of Texas, told the Houston Chronicle for its Friday editions. Opponents of such adoptions say gays are incorrectly portraying the legitimate concerns of judges as discrimination. "We exercise judgments in being concerned about giving adoptive children to single [heterosexual] parents for the same reason we do for gays," said S. Michael Craven with the Dallas-based National Coalition for the Protection of Children and Families. The Chronicle said Judge John Phillips of the 314th district juvenile court, who Parker said refused to let anyone in his court hear her case, did not return calls requesting an interview. Phillips could not be reached by telephone early Friday by the Associated Press. The 314th is one of three Harris County juvenile courts that handles adoption cases forwarded by CPS. The judges in the other two courts--Kent Ellis of the 315th and Judge Pat Shelton of the 313th--also did not comment. All three judges are Republican. A local GOP official said the party officially opposes gay adoption. "I hope that's how [the judges] interpret the law," said Court Koenning, executive director of the Harris County Republican Party. "I would think a vast majority of the Harris County population [that] elects these judges [does not want them to] place adopted children in a family with those types of situations." Connie Moore, a Houston family lawyer, encourages her gay and lesbian clients to not disclose their orientation in Harris County juvenile court or adopt in cities such as San Antonio and Austin. When Hubbard takes her turn to adopt, in a process known as second-parent adoption, she plans to go outside Harris County. Gays and lesbians who adopt local foster children, however, must work through Harris County's juvenile court. Seana Willing, executive director of the Texas Commission on Judicial Conduct, said no one has filed discrimination complaints against Harris County adoption judges. "If it's happening, it's a subtle thing," Willing said.