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Hastings Women’s Law Journal

Abstract

The children of same-sex couples are often the unintended victims of legal discrimination against homosexuals. This note examines the Wisconsin Supreme Court's approach to the issues of adoption, custody and visitation involving the children of same-sex couples. Wisconsin was chosen as the focus of this note because it is widely recognized as a legally progressive state and is one of the few states that prohibits discrimination on the basis of sexual orientation. This note urges the Wisconsin courts and legislature to reexamine the issue of same-sex marriage as a means of protecting the best interests of the children of same-sex couples who separate.

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