Disability Rights Victory in Maryland Family Law

[Ed. Meg has been covering family rights issues.]

Governor Martin O'Malley has signed new legislation, following its approval by the state House and Senate, to prevent discrimination against people with disabilities in Maryland family law proceedings by ensuring that an individual's mental or physical disability cannot, in itself, be sufficient grounds for denying custody of a child to that individual. Under the new law, a disability can be considered only if specific facts in the record show that it has some relevance in determining the best interest of the child.

This is a very welcome development in light of our society's long and shameful history of denying people with disabilities the right to marry and raise families like any other citizens. Ari Ne'eman, president of the Autistic Self Advocacy Network, recently discussed such discrimination in family law and relationships when he wrote:

"The eugenics movement is one of the most well known examples of this dangerous and unethical means of discriminating against people with disabilities, as is the related idea that disabled people are inherently unfit as spouses or parents. In the name of these kinds of stereotypes, people with disabilities have been deprived of parental rights and discriminated against in divorce and child custody cases for generations."

Although the struggle for equality in family law and relationships still has a long way to go, the passage of the Maryland law shows that increased awareness of disability rights issues, brought about by informed and socially conscious activists, is successfully accomplishing real changes in law and society.