The Child's Worst Interests: Socio-Legal Taboos on Same-Sex Parenting and Their Impact on Children's Well-Being

Israel Studies Review, Volume 28, Issue 2, Winter 2013: 264–281

18 Pages Posted: 29 Apr 2015

See all articles by Zvi H. Triger

Zvi H. Triger

Striks School of Law, College of Management

Date Written: December 28, 2013

Abstract

This article questions the way in which the ‘child’s best interests’ test is applied by Israeli courts in cases of children of same-sex parents. It argues that the reluctance to recognize same-sex parenting indicates that the child’s best interests is a politicized concept, which looks at heterosexual ideology rather than at the child’s specific circumstances. This ideology views the opposite-sex parental model as the ideal model and thus is wary of recognizing same-sex parenting because it also entails recognition of same-sex relationships. I identify this prejudice against same-sex relationships and parenting as the product of what I term cultural and legal ‘heterophilia’. To the extent that the objections of judges and social workers to same-sex parenting (pursuant to this ideology) are based on fears of actual harm caused to the children because of their parents’ sexual orientation, they are the product of homophobia.

Keywords: Parenting, LGBT, Same-Sex Marriage, Gender, Sexuality, Israel, Child's Best Interests

Suggested Citation

Triger, Zvi H., The Child's Worst Interests: Socio-Legal Taboos on Same-Sex Parenting and Their Impact on Children's Well-Being (December 28, 2013). Israel Studies Review, Volume 28, Issue 2, Winter 2013: 264–281, Available at SSRN: https://ssrn.com/abstract=2600011

Zvi H. Triger (Contact Author)

Striks School of Law, College of Management ( email )

7 Yitzhak Rabin Blvd.
P.O. Box 25072
Rishon LeZion, 75190
Israel
972-3-963-4138 (Phone)

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