The Queer Network NRW released on Monday a 44-page brochure about a study by historian Kirsten Plötz on custody removal from lesbian mothers covering the years 1946 through 2000. The brochure carries the title “… that she is a lesbian is enough to take away her custody” and can be ordered for free or downloaded as a PDF.
The study traces the situation of lesbian mothers across six decades in North Rhine-Westphalia. At its center are testimonies from people who lived through it: affected mothers, their children, life partners, fathers, and other participants describe experiences of discrimination, court proceedings, and fear, but also of solidarity and resistance.
Custody removals based on sexual orientation were described as “systematic or arbitrary discrimination against lesbians,” aided by a heteronormative view of women and society. They were argued under the pretext of the “well-being of the child.”
“Significant Threat to Mothers”
In the report, it states: “Living closely with the children for years, only to lose that bond through a court decision solely because of a lesbian relationship, was a significant threat to mothers. It could lead to deep grief, suppression, and trauma; suicide loomed as a possibility.”
The ordeal only came to a legal end shortly before the turn of the millennium: On December 21, 1999, the European Court of Human Rights in Strasbourg ruled that homosexual parents should not be disadvantaged in custody decisions because of their sexual orientation. However, there are isolated indications that queer-phobic judges continued to let biases influence their rulings even after that. (dk)
