Each result was examined against the U.S. Online Code hosted by the House of Representatives.66 The purpose of this review was to verify that the laws did contain a definition of „family“ or „immediate family“ or „family member“.67 Results that did not contain an explicit definition of family were removed from the dataset. including those who have delegated the formulation of the definition to an individual or organization. If the results contained a definition that referred to another section of the Act, the author checked whether that section already appeared independently in the dataset. If this was not the case and included a definition of family, it was added. Results that related only to another section of the Act, without providing an explicit definition of their own Act, were removed once the Act in question was added or revised. The definition of family is changing. A study of LGBTQ people in Minnesota found that 66% of respondents considered friends, including roommates, co-workers, and children of friends, to be part of their family.7 These types of family members, often referred to as „chosen families,“ are also unrelated loved ones with whom one develops a deep and meaningful personal bond. similar to the bond that often exists between family members. who are related by blood or legal ties. such as marriage or adoption. 8 The same Minnesota study found that respondents relied more on „functional“ characteristics than „structural“ characteristics when asked to define family.9 Family, including chosen family, is central to the human experience. But it transcends blood, legal and housing ties.

In its simplest form, the family includes a person`s parents, and properly translating this concept into law is a nuanced process. The report contained some suggestions on how this work could take shape. In general, the propensity for the broadest and broadest definitions of family in a given context will help better align Congress and the U.S. Code with the current reality of American families. Domestic partnerships and registered partnerships are important legal relationships available in several states, and the federal government should find ways to include them in family definitions where possible. Legally recognized common law marriages should also be included.63 Unmarried couples – same-sex and opposite-sex couples – without legal recognition should also be included to the extent possible. Counting as many family members as possible, such as grandparents, grandchildren, step-parents, nieces and nephews, aunts and uncles, step-mates, adoptive parents and first cousins, would ensure that they are automatically included. This would reduce the burden of proof and explanation of inclusion in a broad category applicable to a law, such as „any person related by blood or marriage.“ However, when drafting legislation, legislators must ensure that a non-exhaustive list cannot be misinterpreted as an exhaustive list, thereby limiting a definition rather than expanding it. Several general definitions were found in this analysis, but as we mentioned earlier, despite their scores, they were not broad enough. For example, the term „household“ limits the inclusion of selected potential family members to those with whom one lives.

The Family Medical Leave Modernization Act, which is now pending, defines a selected family as „any other person related by blood or affinity whose close relationship is consistent with a family relationship.“ 60 This is the current federal regulatory standard for the inclusion of selected families,61 and has been applied as such in various contexts since 1969.62 It is time for this definition to be enshrined in law. By failing to adapt to the changing realities of today`s families, federal law renders many family members invisible and unable to use the programs and policies they should have access to. Federal legislators should turn to federal regulators, as regulations have already outpaced laws to keep pace with changing family structures. If the laws of this country include a broader understanding of what it means to be a family, it will benefit many families, especially LGBTQ families. In addition, incorporating broader definitions into the legislation and not just clarifying regulations would make it more difficult to repeal definitions, as the legislative process is generally much slower than the regulatory process. Household: According to the Census Bureau definition for statistical purposes, a household includes all persons who occupy a dwelling unit (house or apartment), whether or not they are related to each other. If a family and an unrelated person or two non-relatives live in the same housing unit, they will form two family units (see next definition), but only one household. Some programs, such as the Food Stamp Program and the Low-Income Home Energy Assistance Program, use administrative variations of the concept of „household“ to determine income eligibility. A number of other programs use administrative variations of the concept of „family“ to determine income eligibility. Depending on the exact definition of the program used, programs that use a concept of „family“ would generally apply the poverty guidelines separately to each family and/or non-relative within a household if the household includes more than one family and/or non-relative. * When the above definition of family is used, it must include students as follows: Students, regardless of their place of residence, who are supported by their parents or other relatives by birth, marriage or adoption are considered residents of those who support them.

In the laws analyzed, members of one`s own „household“ seemed to allow for the broadest definition of family, as it could potentially include both relatives and non-relatives.34 While the U.S. Census Bureau does not collect data on some families, but shows that more than 13 million households contain people who have no biological or legal relationship, many of which are likely to be selected families.35 Several joint benefit programs, such as the Supplemental Nutrition Assistance Program (SNAP), use „household“ instead of „family“ as an eligible relationship.36 This benefits diverse families in the LGBTQ community. A 2017 CPA survey found that LGBTQ people were 2.3 times more likely than non-LGBTQ people to report that they or their family had participated in SNAP.37 However, none of the laws analyzed below contain all possible permutations of the chosen family, as none of them cover certain family members who do not live together or do not share legal ties. of blood. The LGBTQ community also disproportionately depends on the family chosen due to current and historical legal barriers. Marriage equality, for example, was not legal nationally until 2015, and the legacy of this earlier inequality remains.17 For example, while today more same-sex married couples live together than unmarried same-sex couples living together, same-sex couples living together are still more likely to be single than their opposite-sex counterparts.18 Another reason why the family chosen for the community LGBTQ is especially important is ancestry. Same-sex couples typically require a surrogate or donor and/or surrogate to have a biologically related child to one of them, which can lead to disputes with these third parties.19 The law has also been slow to adopt parenting intentionally and recognize non-biological parents.20 This is especially true in situations where a surrogate is carrying the child. that disproportionately affect same-sex couples and others who use assisted reproductive technology.21 This, combined with the lower prevalence of marriage, leads to many parent-child relationships in the LGBTQ community that are not based on blood or legal ties. Federal definitions of family often do not reflect the wide variety of family structures in the United States, which can be particularly detrimental to members of the LGBTQ community. When federal law does not keep pace with the changing composition of American families, families that do not conform to the so-called „traditional“ understanding of what a family should be are often left behind.30 In light of this, the Center for American Progress has reviewed the United States Code. a compilation and codification of the federal laws of the land. Looking for inclusions and definitions of the word „family“ from summer and early fall 2019.