American Psychological Association 1976, 1998, and 2004

Marriage Rights

On marriage rights for same-sex couples. The American Psychological Association Council of Representatives adopted this position statement on July 28, 2004:

“WHEREAS APA has a long-established policy to deplore "all public and private discrimination against gay men and lesbians" and urges "the repeal of all discriminatory legislation against lesbians and gay men" (Conger, 1975, p. 633);

“WHEREAS the APA adopted the Resolution on Legal Benefits for Same-Sex Couples in 1998 (Levant, 1998, pp. 665-666);

“WHEREAS Discrimination and prejudice based on sexual orientation detrimentally affects psychological, physical, social, and economic well-being (Badgett, 2001; Cochran, Sullivan, & Mays, 2003; Herek, Gillis, & Cogan, 1999; Meyer; 2003);

“WHEREAS ‘Anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution’ (American Anthropological Association, 2004);

“WHEREAS Psychological research on relationships and couples provides no evidence to justify discrimination against same-sex couples (Kurdek, 2001, in press; Peplau & Beals, 2004; Peplau & Spalding, 2000);

“WHEREAS The institution of civil marriage confers a social status and important legal benefits, rights, and privileges;

“WHEREAS The United States General Accounting Office (2004) has identified over 1,000 federal statutory provisions in which marital status is a factor in determining or receiving benefits, rights, and privileges, for example, those concerning taxation, federal loans, and dependent and survivor benefits (e.g., Social Security, military, and veterans);

“WHEREAS There are numerous state, local, and private sector laws and other provisions in which marital status is a factor in determining or receiving benefits, rights, and privileges, for example, those concerning taxation, health insurance, health care decision-making, property rights, pension and retirement benefits, and inheritance;

“WHEREAS Same-sex couples are denied equal access to civil marriage;

“WHEREAS Same-sex couples who enter into a civil union are denied equal access to all the benefits, rights, and privileges provided by federal law to married couples (United States General Accounting Office, 2004) ;

“WHEREAS The benefits, rights, and privileges associated with domestic partnerships are not universally available, are not equal to those associated with marriage, and are rarely portable;

“WHEREAS people who also experience discrimination based on age, race, ethnicity, disability, gender and gender identity, religion, and socioeconomic status may especially benefit from access to marriage for same-sex couples (Division 44/Committee on Lesbian, Gay, and Bisexual Concerns Joint Task Force on Guidelines for Psychotherapy with Lesbian, Gay, and Bisexual Clients, 2000);

“THEREFORE BE IT RESOLVED That the APA believes that it is unfair and discriminatory to deny same-sex couples legal access to civil marriage and to all its attendant benefits, rights, and privileges;

“THEREFORE BE IT FURTHER RESOLVED That APA shall take a leadership role in opposing all discrimination in legal benefits, rights, and privileges against same-sex couples;

“THEREFORE BE IT FURTHER RESOLVED That APA encourages psychologists to act to eliminate all discrimination against same-sex couples in their practice, research, education and training ("Ethical Principles," 2002, p. 1063);

“THEREFORE BE IT FURTHER RESOLVED That the APA shall provide scientific and educational resources that inform public discussion and public policy development regarding sexual orientation and marriage and that assist its members, divisions, and affiliated state, provincial, and territorial psychological associations.”

Parenting

APA source document (PDF opens in new window)

On parenting. The American Psychological Association Council of Representatives adopted this position statement July 28, 2004:

“WHEREAS APA supports policy and legislation that promote safe, secure and nurturing environments for all children (DeLeon, 1993, 1995; Fox, 1991; Levant, 2000);

“WHEREAS APA has a long-established policy to deplore ‘all public and private discrimination against gay men and lesbians’ and urges ‘the repeal of all discriminatory legislation against lesbians and gay men’ (Conger, 1975);

“WHEREAS the APA adopted the Resolution on Child Custody and Placement in 1976 (Conger, 1977, p. 432);

“WHEREAS Discrimination against lesbian and gay parents deprives their children of benefits, rights and privileges enjoyed by children of heterosexual married couples;

“WHEREAS Some jurisdictions prohibit gay and lesbian individuals and same-sex couples from adopting children, notwithstanding the great need for adoptive parents (Lofton v. Secretary, 2004);

“WHEREAS There is no scientific evidence that parenting effectiveness is related to parental sexual orientation: lesbian and gay parents are as likely as heterosexual parents to provide supportive and healthy environments for their children (Patterson, 2000, 2004; Perrin, 2002; Tasker, 1999);

“WHEREAS Research has shown that the adjustment, development and psychological well-being of children is unrelated to parental sexual orientation and that the children of lesbian and gay parents are as likely as those of heterosexual parents to flourish (Patterson, 2004; Perrin, 2002; Stacey & Biblarz, 2001);

“THEREFORE BE IT RESOLVED That the APA opposes any discrimination based on sexual orientation in matters of adoption, child custody and visitation, foster care and reproductive health services;”

“THEREFORE BE IT FURTHER RESOLVED That the APA believes that children reared by a same-sex couple benefit from legal ties to each parent;

“THEREFORE BE IT FURTHER RESOLVED That the APA supports the protection of parent-child relationships through the legalization of joint adoptions and second parent adoptions of children being reared by same-sex couples;

“THEREFORE BE IT FURTHER RESOLVED That APA shall take a leadership role in opposing all discrimination based on sexual orientation in matters of adoption, child custody and visitation, foster care and reproductive health services;

“THEREFORE BE IT FURTHER RESOLVED That APA encourages psychologists to act to eliminate all discrimination based on sexual orientation in matters of adoption, child custody and visitation, foster care, and reproductive health services in their practice, research, education and training (Ethical Principles, 2002, p. 1063);

“THEREFORE BE IT FURTHER RESOLVED That the APA shall provide scientific and educational resources that inform public discussion and public policy development regarding discrimination based on sexual orientation in matters of adoption, child custody and visitation, foster care and reproductive health services and that assist its members, divisions and affiliated state, provincial, and territorial psychological associations.”

APA source document (PDF opens in new window)

On parenting. The American Psychological Association Council of Representatives adopted the following position statement in September 1976:

"The sex, gender identity or sexual orientation of natural or prospective adoptive or foster parents should not be the sole or primary variable considered in custody or placement cases."

Reference: Conger, J.J. (1977). Proceedings of the American Psychological Association, Incorporated, for the year 1976: Minutes of the Annual Meeting of the Council of Representatives. American Psychologist, 32, 408-438.

APA source document (opens in new window)

Legal Benefits

On legal benefits for same-sex couples. The American Psychological Association Council of Representatives adopted this position statement in August 1998:

"Whereas there is evidence that homosexuality per se implies no impairment in judgment, stability, reliability or general social and vocational capabilities (Conger, 1975) for individuals;

"Whereas legislation, other public policy and private policy on issues related to same-sex couples is currently under development in many places in North America (e.g., Canadian Psychological Association, 1996);

"Whereas the scientific literature has found no significant difference between different-sex couples and same-sex couples that justify discrimination (Kurdek, 1994;1983; Peplau, 1991);

"Whereas scientific research has not found significant psychological or emotional differences between the children raised in different-sex versus same-sex households (Patterson, 1994);

"Whereas APA has, as a long established policy, deplored "all public and private discrimination against gay men and lesbians in such areas as employment, housing, administration and licensing ..." and has consistently urged "the repeal of all discriminatory legislation against lesbians and gay men" (Conger, 1975);

"Whereas denying the legal benefits that the license of marriage offers to same-sex households (including, but not limited to, property rights, health care decision-making, estate planning, tax consequences, spousal privileges in medical emergency situations and co-parental adoption of children) is justified as fair and equal treatment;

"Whereas the absence of access to these benefits constitutes a significant psychosocial stressor for lesbians, gay men and their families.

"Whereas APA provides benefits to its members' and employees' domestic partners equivalent to those provided to members' and employees' spouses;

"Whereas psychological knowledge can be used to inform the current public and legal debate on 'same-sex marriage' (e.g., Baehr v. Lewin);

"Therefore, be it resolved, that APA supports the provision to same-sex couples of the legal benefits that typically accrue as a result of marriage to same-sex couples who desire and seek the legal benefits; and

"Therefore, be it further resolved, that APA shall provide relevant psychological knowledge to inform the public discussion in this area and assist state psychological associations and divisions in offering such information as needed."

APA source document (opens in a new window)