Discrimination Against Adoptees Rooted in Fears of Illegitimacy

(Note: To learn more about my forthcoming memoir and study of adoption in the United states, visit the You Don’t Know How Lucky You Are website. © 2017, Rudy Owens. All rights reserved. )

Rudy Owens, as a young child, and later someone denied equal treatment under the law because of my status as both an adoptee and someone born

Rudy Owens (the author), as a young child, and later someone denied equal treatment under the law because of his status as both an adoptee and someone born “illegitimately.”

One of the issues seldom if never discussed in the long-simmering debate over adoptees’ legal right to their original birth records is how deeply prejudice harms millions of adopted persons.

Discrimination can be seen in how adoptees seeking their birthright to know themselves and obtain copies of their original birth records are treated. By law, they are not considered equal to others in the majority of U.S. states. Many who enforce outdated state laws treat adoptees dismissively—even as threats. (See copies of emails written by senior Michigan public health officials how they responded fearfully to my request for my original birth certificate, as just one example.)

This prejudice is older yet also connected to the historic stereotyping of them by mental health professionals, who for decades described adoptees searching for records as mentally ill and classified this in their handbook on psychiatric disorders. Through the 1980s, the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders identified the problem it labeled “identity disorder,” which consisted of “severe subjective distress regarding inability to integrate aspects of the self into a relatively coherent and acceptable sense of self.”

As adoption historian E. Wayne Carp writes, “No adopted person in the 1970s had imagined that asking the question ‘Who am I?’ would end up classified as an official psychiatric disorder.”[1]

This should not be a surprise, given how illegitimately born people have been treated, globally and throughout history. Denying this history in the larger policy discussion of discrimination of adoptees is to deny the role that bias and stereotypes play in our thinking and deeds. We know bias can be found in countless behaviors: those done personally and those made professionally.

There is no reason to think one of the greatest and most universal forms of stigmatization, against so-called “illegitimately” born people, who include most U.S. adoptees, would not persist and be masked and even not noticed by those who discriminate. This includes the actions of lawmakers who passed laws for decades discriminating against adoptees, of the media who stereotype adoptees, and of those who interpret and enforce these Jim Crow-style laws that treat adoptees as persons with lesser rights.

How Stereotyping Works Against Adoptees

Researchers in many fields—law, criminal justice, history, neuroscience, psychology, sociology, anthropology—have long investigated prejudice and how humans practice it. Researchers have even begun looking how prejudice works at the neurological level. Researcher David Amodio notes, “Although they are distinguishable by content and process, prejudices and stereotypes often operate in combination to influence social behaviour [sic]. Moreover, both forms of bias can operate implicitly, such that they may be activated and influence judgements [sic] and behaviours [sic] without conscious awareness.”[2]

Today, adoptees remain victims of systemic legal discrimination in seeking equal treatment under the law by requesting their original birth records. There is no credible evidence anywhere that the overwhelming majority of adoptees seek anything more than to be reunited with their kin in seeking their original records.[3]

However, defenders of closed records have made repeated and unsubstantiated claims from the 1940s onward that adoptees or birth mothers might wish to exact revenge or extortion. Adult adoptees seeking their records have been denounced by opposing attorneys and adoptive parents, who claimed the information could be used by the adoptee to “find and murder” biological parents or that granting a records request was the equivalent of giving away a “hunting license.”[4]

David Kirschner's imaginary diagnosis that stigmatized adoptees can still be found in publications, despite being discredted as a fabrication nearly three decades earlier.

David Kirschner’s imaginary diagnosis that stigmatized adoptees can still be found in publications, despite being discredited as a fabrication nearly three decades earlier.

The lingering urban legend that may have influenced lawmakers and those charged with managing adoption records from the 1980s onward was the so-called “Adopted Child Syndrome.” Some unethical lawyers used this controversial defense in several murder trials in the 1980s. These lawyers tried to show that adoptees accused of killing their parents suffered from a mental health issue called Multiple Personality Disorder. According to the argument fabricated by psychologist David Kirschner, the Adopted Child Syndrome could prove adoptees encounter more psychological problems in their childhood and adolescence unique to being adopted. The manifestations were promiscuity, lying, stealing, substance abuse, and more, all showing a “toxic potential of adoption.”[5]

The theory argues adoptees acted out of “extreme disassociation.” Though this entirely fictional and discredited theory attracted national attention from the tabloids, he later revealed he prepared the concept for a trial at which he testified in 1986. He admitted he had not done proper research and the sensational theory was in fact a product of his imagination.[6] Yet, the damage had been done and fed the old stereotypes many clung to.

Adoptees and Bastards Are the Victims, not Perpetrators, of Harm

This stereotype is one I personally encountered when I tried to access my records and later interviewed one of the managers whose office managed those records for the Wayne County Probate Court. In reality, it was illegitimate children and their mothers who were the victims, not perpetrators, of crimes and the ones who paid the price for societal attitudes, including with their lives. This is substantiated solidly in population health records, which provide actual data on health and mortality outcomes.

As a modern social institution, adoption laws only date to the 19th century in the United States. Labeling illegitimate children as society threats and bogeymen, however, far precedes the U.S. adoption system and the laws that govern it. Societies over time have addressed these fears, often brutally and lethally for the unlucky illegitimate. Normally, the “bastards” have been ostracized, but also outright killed not very long ago.

The United States inherited European and English legal traditions, which prescribed clear rules how infants would be classified as legitimate in the eyes of society and illegitimate. Roman law, canon law of the Catholic Church, and English law all adhered to the rule that only children born legitimately inside of approved marriages were deemed legitimate. Those who were conceived outside of wedlock were not. While there have been changes to parts of family law that cover how children are legitimized, the basic principle behind legitimation is still mostly unchanged.[7]

the-outcast-painting-in-royal-academy-of-arts-london-1851

The Outcast, by Richard Redgrave, 1851, Royal Academy of the Arts, London, documents the treatment of bastardy and birth mothers in England in the 1800s.

From a purely sociological perspective in human societies, the appearance of children has to be prevented for whom no adult male, permanently allied to the mother, can be held responsible as the father. This is required in order to safeguard the future of any given society.[8] This societal need is both ubiquitous and historic. This idea is at the heart of anthropologist Bronislaw Malinowski’s Principal of Legitimacy, which proposes “no child can be brought into the world without a man, and one man assuming the role of sociological father.” That man serving that role does not necessarily have to be biological, but must provide link between the child and the community.[9]

Malinowski first published this idea in 1930. Others who have studied the issue since note that illegitimacy is a category that will be found at every point in the past of every society, as well as in all present societies. Many have since challenged this idea, pointing to high levels of out-of-marriage births in parts of the Caribbean and, since the late 1970s, the United States. That said, the idea of legitimacy prevails, even though it is not adopted in practice.[10] Overall, illegitimacy is and always has been regarded as a negative—the breach of an established rule, never considered an outcome of an approved sexual or child and reproductive behavior.[11]

Bastards and illegitimate children have always faced societal scorn, and they paid severe and deadly consequences for it. Today, a likely contributing factor to poor health outcomes for adoptees is societal stigma, and its multivariate impacts on unmarried mothers and their illegitimate kids. Despite the political correctness of the term adoptee, the underlying truth known to everyone, from the adoptive parents to the adopted children to society at large, is that adoptees are bastards. Adoptees more than any other person alive today know this fact. It is a fact I always knew, and so did nearly everyone around me, including peers my age. Today, such children still bear the stigma as being born illegitimately, despite the high prevalence of children born outside of marriage that has made their status ubiquitous.

Population Records Show High Mortality and Poor Health for Bastards and Illegitimate Children

bastard-examination1

William Hogarth depicts bastardy examinations (1729), in which justices enquired how a woman about to give birth to a bastard child had fallen pregnant. Legally a woman who knew herself to be likely to bear a bastard child had to present herself for examination, but in practice this only occasionally happened, and many examinations occurred after the birth. Bastardy examinations tried to discover the identity of the father, in order to force him to provide a bond to defray the parish against the costs of maintaining the child, many who were cared for in workhouses depicted in brutal form by Charles Dickens in Oliver twist. Courtesy of London lives, found at: https://www.londonlives.org/static/EP.jsp.

Historically, illegitimate infants in recent history have been among most vulnerable population groups, documented in birth and mortality records. In fact, the historical study of illegitimacy, or bastardy as many demographic historians call it, is among the best documented of any topics in history because the research has relied on mostly reliable demographic data, such as baptism and death records, in Europe from the 1500s on, as well as in pre-20th century America.

Cambridge historian Peter Laslett, who contributed to an exhaustive study of the topic in 1980, notes that illegitimacy has been viewed in many cultures for centuries as “pathological.” The mothers who gave birth to bastards were perceived as “victimized, disordered, even mentally abnormal.”[12] The numbers from these old data sets from across Europe and early America from the 1500 on paint often horrific outcomes for birth mothers. Outcomes could be worse for the infants who died at rates that suggest infanticide in many instances.

oliver-twist-cover

Charles Dickens’ Oliver Twist portrayed the harsh lives of “foundlings” (abandoned bastard infants), left to cruel fates in England’s workhouses.

In the 18th and 19th centuries in the United Kingdom, infants who were born out-of-wedlock were about twice as likely to have died before reaching their first year of life compared to their peers born in sanctioned marriage. Poor and unmarried pregnant women frequently took refuge in the country’s notorious workhouse, which housed and fed the poor and forced them to do often-brutal labor, captured in the writings of Charles Dickens’ Oliver Twist. Many of the children confined to them faced early deaths. In 1760, four in five infants born in workhouses or left there by their birth mothers died before reaching their first birthday.

A picture for the sheer lethality of being born as a bastard emerges from the records collected in the middle England market city of Branbury, between 1561 and 1838. The number of bastard children with baptism and burial records made up 18 percent of all recorded persons—a high number. However, the rates of infant deaths were at best catastrophic for those unlucky to being born a bastard. Records show that 70 percent of all of these bastards born during these 277 years died before reaching the age of 1. Only 21 percent lived to the age of 1, and just 5 percent reached the age of 5. A mere 1 percent of bastards made it to the age of 30.[13]

Other findings of higher infant mortality can be traced in the records of births and deaths of infants over the last 100 and more years in Europe. Jenny Teichman, author of Illegitimacy: An Examination of Bastardy, reports “there is a persistent and significant difference between infant mortality rates of legitimate and illegitimate children.” Her study found that mortality ranges for the two groups ranged from 50 to 150 percent higher for both English and Norwegian illegitimate infants, looking at national records between 1914 and 1973 at four different points in time. Teichman notes even at English public hospitals through the 1960s, doctors and nursing staff “refused anesthetics to unmarried women in childbirth ‘to them a lesson.’”[14]

A bastard’s prospects in the English colonies in North America were not much greater than those born in Europe. Infanticide likely became a common practice in the United States in the 1700s. Virtually every colony in North America passed legislation that declared, unless witnesses would swear to seeing a childbirth, the mother of a dead infant would be presumed guilty of murder.[15] Things did not improve, even through the end of the 1800s. Nearly a century later in the early 1970s, infant mortality in the United States was 73 percent higher for children of unmarried mothers then their peers from families with married parents.[16]

The findings also are not unique to the Western world. One seminal study on the sociology of illegitimacy published in 1975 found that as of the mid-1960s, in every nation globally that tracked child health data, fetal and infant mortality were higher for illegitimate than legitimate children.[17]

While the penalty for illegitimacy as measured in infant mortality rates did fall in the last century, data from the first years of the 21st century shows illegitimate infants in England and Wales are still 30 percent more likely to die before their first birthday than legitimate infants.[18] Remarkably, evidence shows children reported as illegitimate but registered to both parents living at the same address are still 17 percent more likely to die in infancy.[19]

Today excess infant mortality tied to illegitimacy remains a legitimate health concern. Multiple risk factors contribute to the outcome. Single parents have less disposable income. They likely have worse housing. A single parent likely works full-time. Children likely are weaned off health breast milk earlier. The stigma of illegitimacy and societal scorn directed unfairly to unmarried mothers might reduce their ability to keep their children healthy. Unmarried women may also have come poor social positions, and thus be more vulnerable to having a child out-of-wedlock.

The Murder of Relinquished Infants in the United States, A Little-Known Crime

The New York Times covered the findings of the investigation of the horrific conditions that killed nearly four in five relinquished infants in Baltimore, in 1914.

The New York Times covered the findings of the investigation of the horrific conditions that killed nearly four in five relinquished infants in Baltimore, in 1914.

In the early 1900s, before reformers from groups like the Child Welfare League of America and other benevolent groups intervened, illegitimate babies were boarded and trafficked at so-called baby farms in the United States. One highly publicized 1914 report called the Traffic in Babies, by Dr. George Walker, reported on virtual charnel houses for unwanted, abandoned, and illegitimate children. These reportedly operated to “save” the single women from the disgrace of being unmarried mothers. The description by Walker is noteworthy because of his focus on maternal and child health practices that are unquestioned today. He also described how poor public health practices for abandoned babies served as the functional equivalent of homicide.

“Day after day, month after month, they received healthy, plump infants into their wards and watch them hour after hour go down to death,” wrote Walker. “They know that practically all of those that immediately after birth are separated from their mothers will die; yet year after year they keep up their nefarious, murderous traffic. We do not attempt in this study to settle the many complex problems relating to the illegitimate; but we believe that the facts show that society’s method in many instances is one of repression and virtual murder. This is a hard word, we grant, and we would fain substitute a gentler term; but, after all is said and done, that which we have recorded is virtual murder, and slow and cowardly murder at that. It would be bar more humane to kill these babies by striking them on the head with a hammer than to place them in institutions where four-fifths of them succumb within a few weeks to the effects of malnutrition or infectious diseases.”[20]

Even with the mortality rate of relinquished, out-of-wedlock children as high as 80 percent, this fact did not curb the practice of punishing the children born out-of-wedlock by professionals and religious leaders. Some doctors, nurses, midwives, clergymen, and hospital administrators actively referred the disgraced mothers who had sex out of marriage and became pregnant to these lethal, for-profit baby shops.[21] Some hospitals even took a cut from the baby trade that ferried bastard babies to their likely deaths. Walker’s summary notes hospitals had different methods of disposing of unwanted babies permanently: “There is an old woman, called ‘Mother—’, who carries the babies from the hospital to this institution; she gets $5 for this service. At another hospital, the nurses have charge of separating the infant from its mother; they make all the business arrangements; receive the money, and send the baby to Institution No. 1 by an old black woman, who carries it in a basket.”[22]

History of Bias Against Adoptees Not Acknowledged by Adoption System

These acts all occurred a mere five decades before my birth, as someone born illegitimately and as a bastard. They demonstrate how powerful stigmas against bastard-born children were in recent memory—strong enough to create a system that ensured bastard infants’ likely death in institutional care. Adoption, as a cause championed by Progressive reformers from 1910 through 1930 was a solution that offered a way to eliminate the stigma, mortality risks, and lifelong barriers posed by illegitimacy.

Today, most states still deny adoptees full equal rights and partially and outright restrict them from knowing their past by denying them their original birth records. If one polled any state public health office where these discriminatory laws are practiced on a daily basis, I would wager the staff would never admit their behavior and treatment of adoptees seeking those records is connected to these deeper underlying fears and biases.

My decades of experience and the dark but carefully documented record of human behavior to everyone who is not “legitimate” show me that I must accept that prejudice is still hardwired into how adoptees are treated and will be treated into the future. Like it or not, adoptees will forever be bastards and illegitimate children. Everyone knows that when someone says they are adopted.

An adoptee’s taboo status helps to reinforce biases they face and will continue to face from the record keepers. Those so-called public health professionals and adoption bureaucrats will fall back on these old tropes, frequently unknowingly, and fail to serve adoptees’ interests in states that discriminate against those seeking their birth records. The best remedy remains strong laws that ultimately open all birth records to adult adoptees, similar to national laws in many countries, including England.

Other suggested readings on bastardy in an English historical context:

  • Black, John. “Who Were the Putative Fathers of Illegitimate Children in London, 1740-1810?.” In Levene, Alysa; Williams, Samantha; and Nutt, Thomas, eds, Illegitimacy in Britain, 1700-1920. Basingstoke, 2005.
  • Black, John. “Illegitimacy, Sexual Relations and Location in Metropolitan London, 1735-85.” In Hitchcock, Tim and Shore, Heather, eds, The Streets of London: from the Great Fire to the Great Stink. 2003.
  • Snell, Keith D. M. Parish and Belonging: Community, Identity, and Welfare in England and Wales, 1700-1950. Cambridge, 2006.

Footnotes:

[1] E. Wayne Carp, Jean Paton and the Struggle to Reform American Adoption (Ann Arbor: University of Michigan Press. February 2014), 290.

[2] David M. Amodio, “The Neuroscience of Prejudice and Stereotyping,” Nature Reviews Neuroscience, 15(10) (2011), 670.

[3] Elizabeth J. Samuels, “The Idea of Adoption: An Inquiry into the History of Adult Adoptee Access to Birth Records,” Rutgers Law Review 53 (2001), 367.

[4] Samuels, 411.

[5] Ellen Herman, Kinship by Design: A History of Adoption in the Modern United States (Chicago: Chicago University Press, 2008), 282.

[6] E. Wayne Carp, Family Matters: Secrecy and Disclosure in the History of Adoption (Cambridge, MA and London: Harvard University Press, 1998), 188.

[7] Jenny Teichman, Illegitimacy: An Examination of Bastardy (Ithaca: Cornet University Press, 1982), 28.

[8] Peter Laslett, “Introduction: Comparing Illegitimacy Over Time and Between Cultures,” in Bastardy and Its Comparative History, ed. Peter Laslett, Karla Oosterveen, and Richard M. Smith, (Cambridge: Harvard University Press, 1980), 5.

[9] Teichman, Illegitimacy, 89.

[10] Shirley Foster Hartley, Illegitimacy (Berkeley : University of California Press, 1975), 5.

[11] Laslett, Bastardy, 5.

[12] Laslett, Bastardy, 2.

[13] Susan Stewart, “Bastardy and the Family Reconstitution Studies of Banbury and Hartland,” in Bastardy and Its Comparative History, ed. Peter Laslett, Karla Oosterveen, and Richard M. Smith (Cambridge: Harvard University Press, 1980), 127.

[14] Teichman, Illegitimacy, 105.

[15] Robert V. Wells, “Illegitimacy and Bridal Pregnancy in Colonial America,” in Bastardy and Its Comparative History, ed. Peter Laslett, Karla Oosterveen, and Richard M. Smith (Cambridge: Harvard University Press, 1980), 360.

[16] Hartley, Illegitimacy, 8.

[17] Hartley, Illegitimacy, 8.

[18] Reid Alice, Davies Ros, Garrett Eilidh, Blaikie Andrew, “Vulnerability Among Illegitimate Children in Nineteenth Century Scotland,” Annales de démographie historique 1, no. 111 (2006), 89.

[19]  Alice, Ros, Eilidh, Andrew, “Vulnerability Among Illegitimate Children in Nineteenth Century Scotland,” 90.

[20] George Walker, The Traffic In Babies: an Analysis of the Conditions Discovered During an Investigation Conducted In the Year 1914 (Baltimore: The Norman, Remington Co., 1918), 3.

[21] Barbara Melosh, Strangers and Kin: The American Way of Adoption (Cambridge, MA and London: Harvard University Press, 2002), 19.

[22] Walker, The Traffic In Babies, 16.

You were surprised by Trump’s con job? Seriously?

President Elect Donald J. Trump

President Elect Donald J. Trump and his famous hat.

Everyone must stop saying they are “stunned” and “shocked.” What you mean to say is that you were in a bubble and weren’t paying attention to your fellow Americans and their despair. YEARS of being neglected by both parties, the anger and the need for revenge against the system only grew. Along came a TV star they liked whose plan was to destroy both parties and tell them all “You’re fired!” Trump’s victory is no surprise. He was never a joke. Treating him as one only strengthened him. He is both a creature and a creation of the media and the media will never own that.

Michael Moore’s Facebook Post, Nov. 9, 2016

A lie is an allurement, a fabrication, that can be embellished into a fantasy. … Truth is cold, sober fact, not so comfortable to absorb. A lie is more palatable. … I found it far more interesting and profitable to romance than to tell the truth.

Joseph Weil, aka “The Yellow Kid” (Professional Con Artist), Robert Greene, 48 Laws of Power

To those who expressed shock and awe the day after GOP presidential candidate Donald J. Trump won the Electoral College but not the popular vote on Nov. 8, 2016, I say, what freaking country have you been living in for the last 25 years?

If you were born any time before 1980, exactly what forms of dystopian thinking had overwhelmed your senses as you observed events unfold in your country and home town–year … after year … after year?

The outcome that brought smiles in the Kremlin and so wildly alarmed the much of the world, America’s progressive coalition, and the Democratic establishment was paved decades ago by the Republican Party and its supporters.

The GOP has unabashedly and shamelessly advanced a far-right agenda that makes the United States an extreme outlier in nearly every category compared to “advanced democracies.” And now the Democratic and progressive establishment say they are shocked by the election? Are you kidding me?

So, am I outraged that Trump lost the popular vote and was still elected? Absolutely. Shocked? Hell no, and not even remotely.

The GOP Establishment Primed the Nation for Trump

Adolph Hitler, one of history's most infamous demagogues

Adolph Hitler is one of history’s most infamous demagogues and the dictator who seduced Germany as he turned it into a totalitarian state that organized mass murder and global war.

Rather than an aberration, Trump was a pre-ordained messiah who walked through the giant blast hole the GOP created in our democracy over the last three decades. He also proved to be an adept and capable con artist, clever enough to employ all of the proven stratagems used by dictators throughout history, in nearly every civilization.

Anyone who has read anything about history or who has read writer Robert Greene’s 48 Laws of Power, could recognize how Trump mastered the trade craft of power in the purest Machiavellian sense. But the real-estate mogul and reality TV star also exploited an exceedingly well-fertilized landscape, plowed for a generation by his GOP predecessors and moistened by the flood of unregulated money in American politics.

Trump’s performance as a titillating, transcendent messenger was similar to demagogues of the last century. He offered racial and economic salvation, while restoring “law and order,” deporting millions of non-citizens, building a wall with Mexico, and giving hate speech wide latitude to an increasingly agitated and well-armed white and right political base.

Even the right-wing publication The Weekly Standard—a foe of Trump—predicted Trump’s meteoric success perfectly in an August 2015 article, by Jim Swift. Swift described prophetically how Trump was using all the 48 tactics of past strong men of history: “Law 27 — Play on People’s Need to Believe to Create a Cultlike Following: As Greene writes: ‘People have an overwhelming desire to believe in something. Become the focal point of such desire by offering them a cause, a new faith to follow.’ How about ‘Make America Great Again?’”

Sadly, I correctly predicted the outcome myself in the spring of 2016, when I bet a good friend a beer that Trump would defeat his likely rival, Democrat Hillary Clinton. (I have yet to drink that beer, and it will be the worst brew of my life.)

I knew he would win the “shocker” by the time he had won the South Carolina primary, where he repudiated the military legacy of the last GOP president, George W. Bush, and called the Iraq war a failure without any political consequences among evangelicals or traditional conservative voters. Here was a new creature who defied the rules–a characteristic of successful demagogues in history.

Rep. Tim Ryan (D-Youngstown) of Ohio’s industrial heartland, who is now challenging House Minority Leader Nancy Pelosi (D-San Francisco) for her job and pledging to reconnect with disaffected blue collar white voters, also predicted a dire outcome a month before the election. Ryan warned union members to not fall for Trump’s song and dance. “He will gut you, and he will walk over your cold dead body, and he won’t even flinch,” Ryan told a crowd of union members in Ohio in October 2016. “He’ll climb over your cold dead body and get on his helicopter.” And many of them did not listen.

Other wise people who saw this coming were filmmaker Michael Moore and commentator Van Jones—because it was so bloody obvious. They too were ignored.

In two key policy areas—guns, health care—Trump mostly used tested messages. Those soundbites and their political outcomes were already extreme before Trump became what Moore called a “human Molotov cocktail.” However, he was unexpected in several key ways.

Trump broke from the GOP orthodoxy on jobs and trade. He saw an opportunity to resonate with the disaffected working class in the industrial Midwest. He also proved to be a far better salesman than anyone in the GOP establishment. Lastly, he had a keener understanding of psychology than most of the highly respected, well-paid, and powerful individuals of the Democratic and Republican parties and the broadcast media, most of whom professed not to see the Trump tsunami coming.

Walmart is the largest commercial retailer of guns in the United States, including semi-automatic rifles commonly used now in mass shootings.

Wal-Mart is the largest commercial retailer of guns in the United States, including semi-automatic rifles commonly used now in mass shootings.

Trump and Guns, Nothing New

Consider the domestic militarization of the United States since the early 1990s. GOP members of Congress and in state legislatures have worked lock step with the National Rifle Association since the passage of the The Brady Handgun Violence Prevention Act in 1993.

Mores Guns Than PeopleAmerica now has a virtually unregulated market of guns and semi-automatic weapons that are now considered inalienable rights of the majority of Republican-voting and mostly white Americans. There are now more guns than people in these United States of America. This powerful segment of the American electorate had turned their fringe ideas into mainstream GOP policy long before they voted for Trump.

These armed citizens who form the rank and file of a well-armed citizenry for years have muzzled lawmakers who might otherwise approve gun measures that put modest restrictions on the sale of weapons that kill about 33,000 Americans a year. During the campaign candidate Trump implicitly threatened to call these Americans into action against his Democratic opponent: “By the way, and if she gets the pick—if she gets the pick of her judges, nothing you can do, folks. Although the Second Amendment people, maybe there is, I dunno.”

Trump merely echoed the GOP lines that had become accepted public discourse since the Columbine mass shooting in 1999. He was able to say it publicly without much rebuke because it was already normal to threaten gun violence against elected officials, putting them in “cross-hairs.” Immediately after the election, the NRA unsurprisingly announced an even more radical agenda it has been pushing, to allow concealed handgun permits to be accepted in every state and to legalize silencers—yes, silencers.

Trump’s Health Care Vision Advances the Decades-Long Agenda of the Republican Establishment

The GOP has fought doggedly for more than six decades to prevent the United States from adopting a national health care system or even insurance plan. As a result, the country is the most expensive and least efficient health provider at the population level among most developed nations.

The Affordable Care Act that squeaked through under President Barack Obama’s slim majority in Congress in 2009 was not true health reform—it was mostly an expansion of health insurance to nearly 50 million uninsured Americans—50 million!—and a first step to change the broken health insurance market. It was never meant to be the start of a national health system, like Canada’s or France’s.

OECD Health SpendingBut this mattered little to the nearly half of the American electorate in November, many who were lower-income and who supported a billionaire who boasted of not paying U.S. income taxes. Trump knew that. He knew facts did not matter, the same way the GOP was able to defend the monopolistic and dysfunctional health system for years while health insurance middlemen were gobbling up the nation’s economic resources. Trump simply reflected all that was said repeatedly before, like a mirror.

Throughout the campaign, Trump pledged to dismantle the act and remove more than 20 million Americans from having even lousy coverage. However, the GOP in Congress voted to repeal it more than 60 times by February 2016 and tried to shut down the government in 2013 to protest legislation promoting health insurance for all Americans. Trump repeated common political discourse that never wandered into real facts.

Jobs and Manufacturing—Who Needs Facts?

What about Trump’s promise to “make America great again,” and bring back those shuttered factories in depressed Midwest towns and coal production in Appalachia. Here is where Trump broke ranks with the GOP, seeing his golden opportunity. Trump had been paying attention. He and Democratic presidential candidate Sen. Bernie Sanders of Vermont were sharply aware of millions of lost manufacturing jobs and closed factories and mills since well before 1994. The establishment of both parties were not.

For the last 20 years, America has seen its manufacturing base shrink while factory jobs fled across the border to our NAFTA partners, Canada and Mexico, or overseas to China and Asia. FiveThirtyEight reports the United States “has lost more than 4.5 million manufacturing jobs since NAFTA took effect in 1994.”

Not many care what happened to Midwest cities over the last two decades in Washington, DC.

Who really cares about ailing Midwest industrial cities in the post-NAFTA era? Many there thought no one did and just swung an election to a billionaire who had nothing in common with those who live there.

That pain is visible in nearly every crumbling Midwestern city, which have repeatedly been ignored and long deemed unworthy of saving. No one, not even the Democrats, really cares about the devastated community that is now Detroit, except Detroiters, even though candidates Trump and Clinton both used it as their prop to talk about their vision for the economy. For that matter, few in Washington and less in the GOP really have cared about Youngstown, St. Louis, Akron, Cleveland, Toledo, Flint, or other industrial cities that slid into oblivion since the passage of NAFTA. The GOP, until the Trump tornado, had promoted outsourcing and trade policies that sped up the loss of manufacturing.

While Both Clinton and Trump campaigned for votes in Detroit and Michigan, as well as Ohio, Wisconsin, and Pennsylvania, Trump’s message about feeling the overwhelmingly visible dislocation seen everywhere in the Midwest resonated. The angry, white, dislocated Midwest blue-collar worker became a larger than life meta symbol of the Trump constituency and the key voting bloc that gave him victory.

Flint native and left-leaning independent filmmaker Michael Moore predicted the vote outcome in every single Midwestern state and national election perfectly three weeks before the election in his must-see film Michael Moore in Trumpland.

moore-screen-snapshotAlways the savvy cultural observer, Moore described why those angry and almost all white voters would revolt and go for Trump on election day: “On November 8, you Joe Blow, Steve Blow, Bob Blow, Billy Blow, all the Blows get to go and blow up the whole goddamn system because it’s your right! Trump’s election is going to be the biggest ‘fuck you’ ever recorded in human history. And it will feel good. For a day. Eh, maybe a week, possibly a month.” Then, a few months later, they would realize they were conned, and, as he said, “It will be too late to do anything about it.” Because Moore is a Joe Blow himself, he and more importantly his insights were ignored or sidelined by the pundits and the Democratic National Committee, who had been missing the warning signs that had been festering all election, but really for the decades before.

Reality Sets in, and the Threats to American Democracy Are Real

Now that the election is over, we are all beginning to see the likely devastating outcomes. Hate crime activity is rising. White nationalists, the Klan, neo-Nazis, and others feel legitimized to speak openly of promoting fascist and extremist views.

hitler-and-hindenberg

Adolph Hitler with President Paul von Hindenburg of the Weimar Republic, after the 1932 election that saw the Nazis win more seats to the Reichstag than any other party, but not a majority of the posts. Two years after the election, Hindenburg would die in office, ushering in the dictatorship of Chancellor Hitler, who took power first through the ballot box.

Public officials who support Trump are even now actively talking of creating a national registry for Muslims and frankly discussing the policy of Japanese American internment camps from the 1940s. These are all echoes of Germany, after Adolf Hitler and the National Socialist German Workers’ Party, or Nazi Party. It won less than a full majority of seats in the German Reichstag in 1932, and the party under Hitler and his circle managed to turn Germany into a totalitarian state that murdered at least 11 million in camps, on top of tens of other millions killed in war.

Between Nov. 9 and 14 alone, the Southern Poverty Law Center collected 437 reports of hateful intimidation and harassment. Many cases involved references to the Trump campaign or its slogans. Many had taken place at schools, where bullies and racists are feeling emboldened by the new openness in hate discourse.

I remain profoundly worried what will happen to my nation and its most vulnerable members. Many challenges lie ahead. But I completely agree with Moore’s top two action items he laid down the day after Americans woke up in a bed the GOP had been making for decades. For my part, I will, as Moore argues, support that take over of the Democratic Party and its return to the people. They have, as Moore wrote so clearly, “failed us miserably.”

It will be up to the party itself to see if it takes action on item No. 2 on Moore’s list—so far, they have not. If you have not read that list, here it that item: “Fire all pundits, predictors, pollsters and anyone else in the media who had a narrative they wouldn’t let go of and refused to listen to or acknowledge what was really going on. Those same bloviators will now tell us we must ‘heal the divide’ and ‘come together.’ They will pull more hooey like that out of their ass in the days to come. Turn them off.”

And what is next? Many from President Barack Obama down to the thousands of street protesters after the election see the next four years as a real fight for democracy that is now very, very much in peril. The GOP has never had more power in state capitals and Congress. A true charismatic demagogue just took power, without winning a popular vote, the way it happened in Germany in 1932. The fight has begun, and it will be bitter and costly. The stakes have never been higher since the country successfully came together and helped defeat the Axis Powers in World War II. But the fight will be for the soul and future of the country. History will judge how successful we are.

Getting what has always been mine–my original birth certificate

Rudy Owens holds a copy of his original birth certificate (some info whited out intentionally). Michigan denied my human right to my birth record for 27 years. They failed. I did not.

Rudy Owens holds a copy of his original birth certificate (some info whited out intentionally). Michigan denied me my human right to my original birth record for 27 years. They failed. I did not.

There are few documents in life that have as much magical power and significance as an original birth certificate. They are perhaps more talismanic for adoptees in the United State because most adopted adults born after the 1950s were prohibited by law from ever getting their original identity documents. I was one among millions of them.*

As an adoptee born in Michigan before the 1970s, I came into the world at a time when single mothers were shamed and bastard infants posed a moral hazard and strange, undefined threat to society. I was placed for adoption and had my human right to my original identity document taken from me. Denying me my record was more than a solitary injustice. It was a daily reminder of the inequity into which I established an identity cut off from my ancestral human past

The intention by state lawmakers in Michigan and around the country from the 1950s on was to ensure I and millions of other adoptees in nearly every state never knew who we were. The unstated but intended goal was to keep that document hidden forever from me until the day I died. This was a complete 180-degree policy turn from practices that allowed adoptees and their birth mothers to have access to records up to the early 1950s.**

The hiding of original birth records was essential to one of the grandest and least publicized social experiments in recent history—modern U.S. adoption that placed strangers with new families by the hundreds of thousands. The plan failed in many ways for the many people impacted by the practice. In her testimony in 1993 against restrictive measures in Colorado to limit adoptees’ rights to their records, adoptee right activist and pioneer Jean Paton said, “When the records were put under seal, it was an experiment in Utopia. It was a destructive error, and should be remedied by a sweeping cure … .” That cure has still never come, and persons like myself and thousands of others of Michiganders in the decades surrounding my birth are denied equal rights to their birth records, simply by the status and year of their birth, according to state law.

It’s all about ‘power’

On July 18, 2016, decades after first being denied what should have been given to me in 1989 by the State of Michigan and its public health bureaucracy, I received the original record of my birth as a person who came into this world. It is a sheet of paper with a name connected to biological families, a lineage, and a larger human story of kin and family networks over time. I was not a state secret. Nor was I ever a blank slate, to be “reborn” as many evangelical adoption activists falsely believe, as an unnamed person with a new name and an amended certificate. I was who I always was. By asking for what was already mine, I never demanded anything more than what any U.S. citizen asks for: equality under the law.

The state still claims this one sheet of paper literally must be kept secret in a locked box or file, withheld from me because of a “law.” The state asserted its paternalistic power without ever showing any peer-reviewed evidence, policy rationale, or demonstrated benefit how the state or my birth mother and family are helped by actions that represent an extreme interpretation of some very outdated and harmful laws.

When I attempted to interview State Registrar Glenn Copeland on July 22, 2016, his employer, the Michigan Department of Health and Human Services (MDHHS) refused to allow him or anyone else to speak to me about the department’s management of adoptees’ birth records and requests by adoptees to get their original documents. MDHHS press officer Jennifer Eisner’s issued a statement on July 27, 2016 defending the state’s position: “It our responsibility to carefully adhere to any and all laws of the state of Michigan. Michigan law includes specific provisions on the sealing of birth certificates in certain circumstances, such as following an adoption. … The vital records office is required to adhere to the law regarding the release of original records.” In short, this was the talking point shared with me on March 22, 2016, by Deputy State Registrar Tamara Weaver, who called me on the phone to share a simple message after I asked for my record: “The law is the law.”

The defense offered by the state has been and remains so flimsy and so removed from best practices, it is impossible not to conclude that Michigan discriminated against me as an adoptee, soley to preserve a perk of power. It needed to single me out to demonstrate that the state can ultimately and arbitrarily exercise its power over even law-abiding persons.

Ultimately, the state asserted its power without demonstrating compassion, leadership, or basic common sense. And it had those chances in spades. Granted this is not the moral equivalent of physical harm that many persons around the world experience daily from tyrannical and abusive governments. But the State of Michigan’s actions follow the logic used by all governments who chose to deny rights simply because they can—one of the most consistent expressions of how government works for itself and not “its subjects.”

This is part of my original record of birth, which the state of Michigan considered a top secret document that had to be kept from me at all cost for decades, even after I knew my birth name and birth families.

This is part of my original record of birth, which the state of Michigan considered a top secret document that had to be kept from me at all cost for decades, even after I knew my birth name and birth families.

What makes a birth certificate ‘different’

A birth certificate is the most important legal document for any American and every person born anywhere in the world. According to public health researchers Putu Duff, Santi Kusumaningrum, and Lindsay Stark, “birth registration is the first legal recognition of a child and a fundamental human right,” under the United Nations Convention on the Rights of the Child. In the United States, a government-created registration document proves you are entitled to the benefits and privileges—and responsibilities—of being a United States citizen.

One cannot obtain the most critical documents to navigate modern life without this sheet of paper: getting a U.S. passport, obtaining the standing legal identity document in the United States—the driver’s license, applying for a Social Security card, or enrolling as a child in school. One literally cannot live a modern life, including opening bank accounts, voting now in many U.S. states, accessing benefits, obtaining a job, and accessing all forms of education throughout one’s life without the cornerstone proof of legal existence that a birth certificate provides.

A birth certificate is the most crucial identity document, which allows one to get critical other documents such as a passport

A birth certificate is the most crucial identity document, which allows one to get critical other documents such as a passport, but also financial documents, Social Security numbers, and much more.

On a much broader level, as outlined by the United Nations, a birth certificate fulfills a basic human necessity. Without a certificate, anywhere in the world, a child can be denied basic human rights. They cannot get jobs, open bank accounts, obtain credit or inheritances, participate in social benefits, or be involved in political and civil affairs.

How Michigan denies adoptees their human right to a birth certificate

Before I found my birth families in 1989, the MDHHS, my adoption agency (Lutheran Child and Family Services), and the Wayne County Probate Court did everything in their power to keep me from knowing my birth family, critical family medical history, and identity.

After I met my birth mother that year, she signed a release for the state to allow for the release of my identity documents to me. I was sent formal written acknowledgement from the Michigan Department of Public Health, Office of Vital and Health Statistics. It acknowledged original information could be shared with me. This was then acknowledged in writing by the probate court and my adoption agency—they had to legally comply and turn over what was mine, though begrudgingly. I received copies my original adoption decree, birth medical history, and all other identifying information—including the names of my birth father, birth mother’s family, and records of my first year of life that were intentionally kept from me.

Yet the Michigan Department of Public Health, Office of Vital and Health Statistics, refused to surrender my original birth certificate, even when the fig leaf of secrecy had vanished by the events that made my adoption no longer a shameful societal secret. Adoption bureaucrats for the state of Michigan stood fast and claimed my birth certificate was allegedly “sealed,” and because I was an adoptee born between 1945 and 1980 and that state law allegedly allowed them to deny me the most important piece of paper a person can ever have. They made this defense even when I proved I knew my original birth name of Scott Douglas Owens and knew my genetic kin. [Note I have original birth records that spell my original birth name as “Douglas” and “Douglass.” I now use the former as part of my new legal name that mixed my original and adopted names: Rudolf Scott-Douglas Owens.]

‘The law is the law,’ and the abuses of an amoral, legal defense by public health authorities

In March 2016, I decided to challenge the state’s overreach and abuse of power by the Michigan Department of Health and Human Services (MDHHS), which now manages vital records. I demanded what was mine in a letter to department director Rick Lyon. You can read the details of my petition and all of my original documents on this summary page.

Three decades later, the state and MDHHS again doubled down and chose to fight my request and keep my original identity document from me, even when there was no longer any rational reason to keep a non-secret birth record from the person who knows his original birth name. The state adopted a legal smokescreen to mask arbitrary and paternalistic decisions that provide no public benefit to adoptees, birth parents, or the state.

These actions followed a long pattern of state-sanctioned discrimination against thousands of adoptees by denying them equal rights of all other residents regarding critical medical and family history—a practice that undermines public health.

The state had no compelling legal rationale to continue hiding my birth record except the claims that “the law is the law.” This is precisely the defense that has been used in some of the most egregious abuses of rights by state public officials in U.S. history. Up until the late 1970s and until a court challenges, some states practiced forced sterilization of persons deemed mentally deficient.

The practice was allowed by state laws through a national eugenics movement that began in the early 1900s. In California alone, where one-third of the estimated 60,000 state-sanctioned compulsory sterilization procedures in the United States occurred until 1979, government actions were codified in law and described as an approved public health strategy to breed out undesirable defects from the populace and to promote state health. In short, public health practices, until very recently and to this day still, have been and are still cloaked behind a rationale of being allowed by law, even when the persons implementing policy could always exercise moral judgement.

Supreme Court Edifice

All of the facts of my identify are public and had been for nearly three decades concerning my original birth name. MDHHS denied my request without a proper review of my evidence sent to Director Lyon on March 28, 2016, claiming “the law is the law.”

Even more startling was the state’s own admission in its reply to me on July 27, 2016, that state law likely was not followed by denying me my birth certificate. The department stated: “For adoptions finalized between the dates of May 28, 1945 and September 12, 1980, a court order is required unless the birth parent(s) have filed a consent to release the information. A court order would not be required if the deaths of both birth parents could be documented.” Because I had provided the department the signed legal consent by my birth mother, than it appears my records were supposed to have been shared, as far back in April 1989. I had included copies of that legal proof when I demanded my birth certificate in March 2106—and yet, the department refused to comply with how it claims the law requires vital records officials to handle requests from adult adoptees. (As of July 29, 2016, I have demanded a written explanation if the department was not complying with the law in its denial.)

Public records request reveals a fear-based bunker mentality at the MDHHS

State officials called my request and me the “problem,” “tagged” me in their system, and claimed I had “an agenda.” Nearly 20 senior officials in the MDHHS and Gov. Rick Snyder’s office were involved in denying my reasonable request and were copied in the state’s denial of my request.

This is a recent head shot of Glenn Copeland, state registrar of Michigan and the man whose name now appears on my current legal birth certificate bearing my new name, and the copy of my original birth certificate that was released and must bear the registrar’s signature and name.

I prepared a detailed account of their deliberations in a forensic analysis of personal email communications that revealed fear of me and my request by high-level MDHHS officials. They expressed uncertainty and confusion over their limited legal authority and the state’s poorly crafted adoption statues. Two senior officials, Glenn Copeland, state registrar, and Tamara Weaver, Deputy State Registrar, also provided written remarks that suggest startling ignorance of U.S. adoption law and global trends that allow adoptees in countries like England to have full access to all their birth documents when they turn 18.

Deputy Registrar Weaver told her boss, State Registrar Copeland, that I would not be satisfied with my original birth certificate, which I had explicitly asked for. She seemed unable to understand, professionally or even compassionately, why any adoptee should have legal access to their birth records. After she called me on the telephone on March 22, 2016, without providing her name or role in managing state vital records, she wrote to her boss, “He has an agenda, nothing I would have said would have been sufficient. … I don’t think my offering him his record would have been enough for him, even though that is ultimately what he says he wants.”

Weaver also revealed in her email a lack of any knowledge of U.S. adoption history and that all adoption records were once accessible to adoptees and birth parents before the 1950s. She dismissed my detailed policy analysis I have published on discrimination against adoptees by U.S. states and adoption bureaucrats. She wrote, “Don’t know how true this angle is, but it is interesting, if you like that kind of story line.” Again, Weaver is the No. 2 in a state agency that manages vital records for all adoptees—a stunning confession. (See page 9 of my summary of state records on the denial of my request for my original birth certificate.)

MDHHS never once sought to consider alternatives they always had, including wide discretion in interpreting laws and rules—a central tenet in U.S. law and in all state and federal judicial reviews of agency actions. MDHHS officials determined from the start to deny me my record, and then they found a legal justification without reviewing all of the evidence I sent to them in an impartial manner. State Registrar Copeland sent me a stunningly obtuse letter in late March 2016 that never acknowledged the key facts of my case that were documented in legal documents in his department’s possession. He basically blew me off and expected me to go away, or maybe some day petition the court. To his dismay (also expressed in email), I reasserted professionally and respectfully my legal right to my birthright document.

The Michigan judiciary orders MDHHS to comply with my request

With no alternative available, I turned to the courts for a remedy to compel the MDHSS to give me what was mine. In April 2016 I filed a petition with the Michigan 3rd Circuit Court requesting a court order that would force the MDHHS to release a copy of my original birth certificate.

My justification to the court noted, “I am no longer wanting to accept the state’s continued unjust treatment of me simply because I am an adopted Michigan native who wants what non-adopted Michiganders receive: equal treatment under the law. A just outcome that releases the certificate to me poses no burden, meaningful cost, or harm to any party, nor the state of Michigan.” The Honorable Judge Christopher Dingell, in a telephone court hearing on June 17, 2016, agreed with facts of the case. He noted that I knew my birth name, had nearly three decades of contact with his birth families, and that the legal consent was already in state records in 1989. He signed the order requiring the MDHHS to end what I consider the illegal holding of my birth certificate and terminate decades-long discrimination against me on the basis of my status as an adoptee.

I finally get my birth certificate and what that means

I mailed the court order to the state’s vital records office on July 1, 2016, with a thick pack of documents that made absolutely clear the state had no more legal excuses to deny my birth record. On July 18, 2016, the sheet of paper, with a legal stamp from the state registrar, finally arrived in my mailbox.

Vital Records at the Michigan Department of Health and Human Services made sure to remind me that I am a bastard by placed in larged capital letters

Vital Records at the Michigan Department of Health and Human Services made sure to remind me that I am a bastard by placing in large capital letters “SEALED” three times on the copy of my original birth certificate–an act not required by state law.

I was stunned looking at the copy of my original birth certificate. The state had given me a final insult by writing three times in big bold letters, “SEALED,” as a reminder I was still a bastard and not a normal person. But underneath that insulting bureaucratic graffiti that purportedly protected the well-being of the state and its residents were all the facts I already had known for three decades. The only new information I found on the document was the full name of the attending physician, who helped to safely bring me into this world one spring day in Detroit, Michigan, many years ago.

The legal document marked my entrance into this world as a human being, with genetic kin and family histories and family members who did want to know me. It was registered as my original birth certificate about four weeks after my birth. This single sheet of paper was deemed a state secret. All my life, I was classified by law as being undeserving of this record, unlike all-non-adopted state residents, simply because I was relinquished as an infant to become an adoptee.

The only reason—and I repeat only reason—I now have possession of what is and always has been mine is because I never once recognized the legal or moral authority of the state’s so-called vital records professionals to deny me equal treatment and equal status by law. They never had that authority, and their actions over all these years demonstrate their lack of moral authority to anyone who may care about fairness and equality. By denying me my birth certificate, even when I knew my original name and birth families, they showed they had no moral center, clinging to a legalistic loin cloth and well-documented prejudice against adult adoptees who dare to say the emperor has no clothes.

I announced my victory over Michigan's adoption secrecy mongers with a Tweet--of course!

I announced my victory over Michigan’s adoption secrecy mongers with a Tweet–of course!

I immediately posted a tweet about my final clash with state records keepers. I wrote this Facebook post as well for my social network circle: “It only took 27 years, but the so-called ‘public health’ secrecy mongers in Michigan finally gave me what has been mine since the day I was born: My Original Birth Certificate. … What a waste of time and resources. Imagine all the amazing things the state could have done helping adoptees or infants or needy kids instead of treating bastards as second-class people and children. This effort was done on behalf of anyone who was denied fair treatment under the law. You are always stronger when you work on behalf of the many, instead of just yourself.”

Defeating one's dragons on a hero's journey can sometimes take years. Bureaucratic dragons can be some of the most difficult ones to vanquish. They can regenerate like a many-headed hydra, which can not fully be defeated so long as it retains one of its many heads, according to Greek mythology.

Defeating one’s dragons on a hero’s journey can sometimes take years. Bureaucratic dragons can be some of the most difficult ones to vanquish. They can regenerate like a many-headed hydra, which can not fully be defeated so long as it retains one of its many heads, according to Greek mythology.

The Governor and MDHHS refuse to answer questions on adoptees’ rights

Before I published this article, I wanted to give Michigan Gov. Rick Snyder and the MDHHS a chance to defend and articulate the state’s positions on state adoption law and practices that discriminate against adoptees by denying them equal treatment to their vital records. Laura Biehl, senior communication advisor to Gov. Snyder, did not want to make statements when contacted by phone, but did accept my written questions that asked if adult adoptees had legal rights to vital records without restrictions and if Snyder believed all persons in Michigan had the right to received equal treatment under the U.S. Constitution and state law regarding access to original vital records. She replied on July 26, 2016, with a statement: “The Governor does not have a position regarding adoption records in Michigan so I am unable to answer your questions.”

I also reached out directly to interview State Registrar Copeland on July 22, 2016—the man who denied giving me my original birth certificate in March 2016. The MDHHS refused to allow him to speak to me nor any members of its media team to be interviewed by phone. The MDHHS agreed to respond to written questions. The department’s press officer, Jennifer Eisner, provided answers to only five of 27 questions, with a statement that essentially said the law is the law. (See her statement and a summary of those questions and mostly no answers on my summary document).

Specifically, the department did not answer if it discriminated against adult adoptees in the management of vital records. It refused to answer questions how it managed my record request or why I was “tagged” after being identified as the “problem.” It could not even answer simple questions how the state’s adoptions record unit that handles adoptee records requests, the Central Adoption Registry, is managed, who manages it, or if it ever has been audited. Finally, the department did not answer if it was aware of national adoption laws in countries like England that allow all adult adoptees to get copies of all of their original birth records when they turn 18.

The most startling fact I discovered was the state’s total failure to even track or count how many requests for birth records by adult adoptees are denied by the MDHHS. “The total number of these official requests would not be known but is believed to be very close to the number released,” said Jennifer Eisner, a press officer with the MDDHS in a July 27, 2016, email.

Given the ubiquity of adoptees in the United states (perhaps 4 million or maybe more) and the decades-long efforts by adoptees to access their records, such an acknowledgement shows for Michigan at least, adoptees still do not matter and thus will not be counted. As those in public health and health know, what gets measured gets done. What is ignored remains a problem.

The state also could not provide a written estimate how many Michigan adoptees may be living who were born between 1945 and 1980—those who that state claims need court orders to get birth certificates. According to Eisner, the department only began counting the number of released birth certificates in 2009—decades after adoption became one of the most widespread practices in family formation in the United States. Since 2009, only 549 original birth certificates have been given to adoptees, according to the MDHHS. I do not know if I was No. 549 or if some other determined adoptee came right after me. We are a shockingly small group of Michiganders who persevered against the secrecy guardians of the state.

The message from these vital records keeping practices by Michigan’s public health professionals is very clear. Adult adoptees, you still do not count. We can continue to ignore your rights and treat you as State Registrar Copeland called the “problem.”

————————————-

* Records collection on adoptions has long been imprecise. The most widely quoted data set on U.S. adoptions through the mid-1970s was published in a paper by Penelope Maza for the U.S. Children’s Bureau. The study found the United States recorded 2.4 million adoptions from 1944 through 1972— the last year before abortion became legal in the United States.[1] The study made estimates without precise data, because data collecting was voluntary not mandatory.

In 2010, the U.S. Census officially recorded more than 1.5 million adopted children under 18 years of age living with an adopted parent. This compares to a total U.S. estimated population of adopted children, including those 18 and older still living in households with their parents, at a little more than 2 million persons.[2] The count does not include adoptees who are no longer living at home and who are adults—a figure that remains undefined by demographers, but expansive and far-reaching.

**Read an excellent article by adoption law scholar Elizabeth Samuels, JD. She has published numerous articles on how states and bureaucracies implemented secrecy measures that have closed once open birth records, preventing adoptees and birth parents from accessing their vital records and from knowing one another.

[1] Penelope L. Maza, “Adoption Trends: 1944-1975,” Child Welfare Research Notes #9 (U.S. Children’s Bureau, August 1984), pp. 1-4, Child Welfare League of America Papers, Box 65, Folder: “Adoption—Research—Reprints of Articles,” Social Welfare History Archives, University of Minnesota.

[2] Rose M. Kreider and Daphne A. Lofquist, Adopted Children and Stepchildren: 2010, Current Population Reports pps. 520-572, U.S. Census Bureau, Washington, DC. 2014. Found at: https://www.census.gov/prod/2014pubs/p20-572.pdf.

Dear Portland: how about we promote best public health practices for drinking water

Carole Smith, Superintendent

Carole Smith, Superintendent of Portland Public Schools, has been criticized severely by many parents for failures of leadership surrounding the lack of notification about unsafe lead levels at two public schools, for weeks.

Ed. Note, July 16, 2016: See update below regarding the city deciding not to adjust the water’s pH to address corrosion/lead and water issues.

On June 5, 2016, I wrote a letter to Portland Mayor Charlie Hales and Commissioner Nick Fish, head of the Portland Water Bureau, asking for some leadership. Right now, it appears Portland’s management of its critically important drinking water system is now being called into question, and rightly so. If you have not heard, the city’s schools are in a tailspin because kids and families were not properly advised of unsafe levels of lead in drinking water at two schools, for weeks. Soon after, all drinking water was shut off at all schools until fixes are made, and parents have called for the immediate resignation of Portland Public Schools Superintendent Carole Smith. This has since grown into a larger crisis impacting school systems dependent on the city’s water.

The actions at the schools and in our water system impact the entire community. While I am not alarmist by lead level readings in parts per billion, and I deeply worried that leadership is lacking and ideas that undermine public health are now being embraced in the decision-making culture of our schools and our local government. This matters, because nothing is more critical to public health than clean drinking water. And when trust is eroded, the public will not support public health with public money, which is how we ensure public health for all.

COPY OF LETTER SENT:

Dear Mayor Hales and Commissioner Fish: I work on many issues for my job, including educating the public about water. I love informing people how amazing our country’s drinking water systems are in promoting public health. So I feel passionately about the topic and appreciate all the work all of our water purveyors do daily, without much thanks they deserve, all the time. And my thanks are extended to the staff at the Portland Water Bureau. They keep us healthy, 365 days a year.

For the record, I have a background in public health and spent two years promoting community water fluoridation in the Tacoma/Pierce County area. I am proud of the many proven public health measures with our water systems adopted nationally since the early 1900s have saved lives, improved human health, and lead to better overall public health. This includes fluoridation and chlorination.

The Crude death rate for infectious diseases - United States, 1900-1996. Chlorination proved one of the greatest life savers to promote public health.

The Crude death rate for infectious diseases – United States, 1900-1996. Chlorination proved one of the greatest life savers to promote public health.

I am writing both of you now because I am becoming alarmed as a resident of the city, who is waiting for the outcome of a lead/water test at his home, of a “philosophy” expressed by some of our most important leaders regarding how we should provide clean, healthy drinking water–the greatest public health intervention we have for our community.

It appears as a city may have been taken badly off the rails by perhaps improper cost-based decisions and philosophically-based decisions over a long period of time.

OPB reported on June 3 that the U.S. EPA has become alarmed by the city’s decisions: “The manager, Marie Jennings, was concerned that the Portland Water Bureau isn’t doing enough to minimize the amount of lead at taps in Portland. She wrote that the EPA’s regional administrator, Dennis McLerran, had ‘heightened concerns about drinking water quality, including the [Portland Water Bureau’s] implementation under the Lead and Copper Rule.'”

We also, as a city, do not appear to be promoting best practices because of the vocal “natural-health,” vaccination-denying minority who don’t understand public health and whose sometimes radical views now threaten our kids, and everyone else in many areas. The consequences were very harmful with the public vote on water fluoridation. Continuing stories on how the city’s and its schools’ lead and water protocols are handled have me growing more concerned the more I learn about the many actions taken by the city dating back to the 1990s.

So, for the record, I WANT treated water. I think we can all agree there is NO SUCH THING as pure water. All water has minerals and chemicals that are adjusted to optimize public heath. Give me my chlorine/chloramines, please. I love that taste. It means I’m not going to get a water-borne illness that might kill me.

Mayor Hales, I would hope you can use your bully pulpit in the remaining few months to promote a dialogue on the benefits of healthy drinking water, including chlorination systems, one of the greatest life-savers ever adopted in this country. And please communicate using facts not fairy dust that Portland has “pure” water or that WE Portlanders “expect purity” in our drinking water. This is a very dangerous message with real consequences as we are now seeing.

We as Portlanders don’t want minimally treated water. We want optimally treated water. I want my chemicals in the water to ensure we stay healthy based on proven science. Having this message below used by our public health champions (and they are our champions) is not a best practice to promote public health. Let’s stop the nonsense about keeping our water pure. Did we learn anything from Flint?

I'll have my water with the appropriate treatment to optimize health--and yes that includes chemicals, thank you.

I’ll have my water with the appropriate treatment to optimize health–and yes that includes chemicals, thank you.

FROM THE OPB STORY:  http://www.opb.org/news/article/portlands-water-hasnt-gotten-the-lead-out/

The public’s strong preference for keeping Portland’s water source pure and natural – in open air reservoirs and free of chemical treatment  – hindered efforts that would have reduced the amount of lead in drinking water.

Portland remains the largest city in the country that does not add fluoride to its water. The city finally decided to phase out its open-air reservoirs after more than a decade of debate.

“Portland residents have said pretty clearly that they want a minimal amount of treatment in their water, so that’s something that needs to be taken into account” [Scott] Bradway said.

 Ed. Note: Scott Bradway is a lead hazard reduction specialist at the Portland Water Bureau.

UPDATE JULY 16, 2016:

The Oregonian published a story that addresses the concerns I raised with Mayor Hale’s and Commissioner Fish. Neither office replied to two emails I sent to their office. In the story by Oregonian reporter Brad Schmidt, it appears Portland is continuing to take a position not to address issue of the corrosive qualities of the water. This is likely in part because of a misguided view seen in the statement from Bradway that residents want minimal treatment of water. That is a false statement–we want our water treated optimally to maximize public health for everyone.

This view undermines the ability of government to promote public health and dangerously cedes public health decision making to the anti-fluoride and anti-vaccer voices that have made Portland and Oregon public health poster children for how not to promote health for all. If these views are guiding our policy-makers, this remains very disturbing and should be a great concern to anyone who practices public health in Oregon and Portland. Did anyone in Portland learn anything from the example of Flint, Michigan?

The story noted: “But Fish cautioned Portland may not simply add more chemicals to the water to reduce corrosion. Officials could explore options for ‘more robust outreach and education,’ more water testing or potentially some sort of program that helps homeowners replace lead-tainted plumbing.

“‘We think we can do better’ — Portland Commissioner Nick Fish on lead levels in drinking water.

“‘Until we’ve completed our assessment, we don’t know what’s the best option,’ Fish said.

“In August, city officials will meet with state and federal regulators to review preliminary results from a study looking at pipe corrosion within Portland’s water system. The meeting has yet to be scheduled.

Although city officials haven’t committed to making any changes to their treatment process, they have agreed to present a ‘detailed proposed schedule for selection, design, construction, and implementation’ of treatment techniques to lower lead levels, state records show.”

Dear State of Michigan: I just want my original birth certificate, now!

I am attempting to secure my original birth certificate from the State of Michigan. You can watch my video highlighting my request for my original record of birth.

If you were not adopted, you are entitled to this document. It provides you legal proof of who you are and, as important, information about your family, which is the foundation to knowing your ancestry. If you are not adopted, you will never have to face obstacles for the most basic information and not know what it means to be denied essential information about who you are.

Today,  one’s ancestry is widely considered one of the important pieces of information for a human to have. Medically, having access to one’s family history is considered a best health practice by all medical professionals. Nearly all dental and medical professionals ask for this information.

Access to original birth records is a national health and public health priority

The National Institutes of Health highlights why every person needs to know their family history--it can be a matter of life and death with cancer.

The National Institutes of Health highlights why every person needs to know their family history–it can be a matter of life and death with cancer.

Adoptees like all other Americans should by legal right be entitled to this potentially life-saving information. The National Institutes for Health reports there are more than 6,000 genetic and rare diseases. These afflict more than 25 million Americans, and about 30 percent of early deaths can be linked to genetic causes. Genetic mutations play a major role in about 5 to 10 percent of all cancers, the second leading killer of all Americans, topped only by heart disease. Researchers have associated mutations in specific genes with more than 50 hereditary cancer syndromes, which are disorders that may mean some individuals are more likely to develop certain cancers.

For its part, the U.S. Centers for Disease and Control (CDC) identifies the role of genomes in other health issues, such as birth defects, chronic diseases, and congenital heart defects, and the CDC has created the Office of Public Health Genomics to promote research in the field. The U.S. Surgeon General in 2004 declared a Family History Health Day, on Thanksgiving, to promote greater awareness on the critical role of family medical history to promoting health—and by family history the nation’s leading medical advocate means only genetic family history. Family medical histories can identify people with a higher risks of heart disease, high blood pressure, stroke, and diabetes. A family medical history can also provide risks of rarer conditions caused by mutations, such as cystic fibrosis and sickle cell anemia.

Groups like the U.S. Preventive Services Task Force also use family health history information to recommend national screening and preventive services for conditions such as osteoporosis, hyperlipidemia, and breast cancer. The American Cancer Society recommendations for early breast cancer detection recently included changes in mammography recommendations that use family health history in decisions when a woman should begin mammography in persons with a family history where breast cancer is a known risk.

Ignore science and evidence and deny, deny, deny

To date, Michigan has prevented me for more than a quarter of a century from getting this document, by law. This is, on its face, discrimination against me simply because I am an adopted person. No other group of persons in Michigan, not even convicted felons, are denied this document on the basis of their status at birth.

The Wayne County Probate Court and my adoption agency, formerly Lutheran Children’s Friend Society of Michigan, did release most of my identifying information to me, however. But that was only after I found my birth family, spending two years searching, at great investment of my time, financial resources, and energy. They were compelled by law to release this information they once hid from me, in theory to promote some abstract benefit that is not proven anywhere in any research. I received no help from the adoption bureaucracy to secure my original records. Even though I have a copy of documents bearing my original birth name, my medical records during my adoption, my adoption decree, and other legal documents, the state’s outdated and archaic adoption bureaucracy has refused to discuss and work with me to obtain what I am legally entitled to: my original birth certificate.

To try and speed up this process, I am communicating directly with Director of the Michigan Department of Health and Human Services asking the leader of this state agency to resolve this simple bureaucratic records request without delay. I will have sent that document to Director Nick Lyon on March 21, 2016. I am excerpting below some of that request. In that note I outlined how Michigan openly discriminates against people by status of being adopted.

Legalized discrimination against adoptees, Michigan style. Yes, felons can get their certificates, but adoptees cannot.

Legalized discrimination against adoptees, Michigan style. Yes, felons can get their certificates, but adoptees cannot. This is published by the Michigan Department of Health and Human Services, outlining state law restricting rights for adoptees.

My goal is only to obtain what I should have been given years ago, and without further delay. By writing about this issue, I also hope to highlight how discriminatory state adoption laws continue to harm hundreds of thousands of U.S. citizens and deny them equal treatment under the law. Closed records are widely acknowledged by nearly all evidence to be harmful to birth parents, adoptees, and adoptive families. My story is just a small piece of that larger story. One story at a time, state laws might be changed. I am not expecting that to happen any time soon, however.

Excerpt of Letter to Director Lyon:

Laws that your legislatures have passed concerning adoption no longer apply to me, as I have already found my birth families, now for more than 26 years, in 1989. There is no longer any compelling state interest or legal or other rationale that justifies the state of Michigan holding an original record and what is mine by birthright. I know my original name (Scott Douglas Owens). …

However, your adoption staff personnel refused to discuss this situation with me when I called the Central Adoption Registry in October 2015. A staff member there returned my call but refused to discuss my legal reality that bypasses the need for me to fill out Form 1919 (Parent’s Consent/Denial to Release Information to Adult Adoptee). … When I tried to explain I already know everything about my birth family and birth records, she still told me, in essence, “Fill out the damn form.” It was one of the most embarrassing calls I have had with anyone in public service in my life, and I’ve spent decades serving the public now as a professional.

… this form is no longer legally required. The alleged purpose of the law is to supposedly provide a benefit to birth parents and adoptees, even in the face of overwhelming evidence such legal barriers are antiquated and all sides in adoption want to know each other. In this case, there is no longer any compelling legal justification to delay the release of my original birth record now. I already know my family. I already have my other birth records. I just want my original birth certificate.

How legalized discrimination against adoptees and birth parents took root in post-War America

“Prior to World War II, there was no wide-spread and institutionalized adoption system. When children were born out of wedlock, both the babies and the mothers were considered undesirable. They bore a stigma—got little or no help. But after the war, that changed. Babies became part of a huge new adoption industry … while their unwed mothers were still shunned by society.”

Dan Rather, Reporter
Dan Rather Reports, Adopted or Abducted?
May 1, 2012

 “With respect to attitudes about adoption, white unmarried motherhood is no longer equated with mental disorder or an ability to recover easily from surrendering a child for adoption. A large majority of birth parents are reported to be open to or actually desire contact with adoptees. Adoptive families have come increasingly to be seen as having unique qualities and challenges. … Adoptees searching for information about or contact with their birth families have become families figures and are no longer assumed to be suffering from a mental disorder.”

Elizabeth Samuels, J.D., Professor of Law, University of Baltimore
The Idea of Adoption, An Inquiry into the
History of Adult Adoptee Access to Birth Records.
Rutgers Law Review, Vol. 53, 2001.

One of the most under-reported societal stories of the past six decades has been how the U.S. adoption system continues to discriminate against several million adopted Americans. This legal practice is particularly ironic because the movement to make adoption records more secret from adoptees, depriving them of basic human rights, came at a time when voting rights, civil rights, gay rights, disability rights, and women’s rights were expanding for all Americans from the 1950s onward.who am I

University of Baltimore law professor Elizabeth Samuels has documented this national trend with both clarity and meticulous detail in a series of articles she has published starting in 2001 on adoption law and privacy issues surrounding adoption.

Samuels has painstakingly documented in her authoritative study how state adoption laws evolved from the 1930s to the present and how elected state lawmakers systematically closed adoption records between the 1960s and 1990s. The change was championed by state legislatures and social service bureaucracies, with the quiet but critical involvement of the U.S. medical establishment that delivered the babies and cared for the women giving birth.

This happened without any clear evidence proving records secrecy offered benefits to mothers and children placed for adoption. The closing of records was based largely on societal views that stigmatized unwed mothers and particularly adopted children even to this day.

It is likely that many Americans still harbor deep fears and suspicions about adoptees as adults, thanks to archetypal fears of bastard babies and stigmas fueled by unrepentant mental health professionals who caused calculated harm with their pseudo-scientific branding of an adoptees’ quest for information as unhealthy.

Oddly, this movement to seal original birth certificates and birth records of adoptees through the 1990s took place as many adoptees had come of age and began organizing local, state-level, and national movements demanding a universal right to know who they were and where they came from, as found in original identity documents.

Advocates included Betty Jean Lifton, author of Twice Born: Memoirs of an Adopted Daughter (1975); Florence Fisher, author of The Search for Anna Fisher (1973), and social worker-turned adoptee rights advocate Jean Paton, author of The Adopted Break Silence (1953).

Jean Paton Book Cover

A new biography on adoptee rights advocate Jean Paton is now available as a downloadable e-book.

Paton, a mostly unrecognized social leader and equal rights advocate two decades ahead of her time, helped to launch a national adoptees right movement and published two books that advocated for adoptees’ rights. She suggested the creation of a mutual consent registry as early as 1949, for example, and embraced the term “bastard” in the 1970s, long before the emergence of the advocacy group Bastard Nation in the 1990s.

She wrote of her experience before states began to implement discriminatory laws: “In 1942 I had gone to the Probate Court … and looked up my first adoption paper, and saw my mother’s full name signed by her own hand. There was no rigmarole; you were allowed to see your own paper in a kindly procedure.”

When records were open to adoptees, the norm

As Samuels reports, “In the ‘40s and ‘50s, most state laws did permit adult adoptees to view birth records. But by 1960, 26 states were making both original birth records and adoption records available only by court order. Twenty other states still birth records available on demand, but over the following 30 years, all of those states but three—Alaska, Kansas and South Dakota—close records to adults adoptees.”

Samuels shows through a review of state records and recommendations from leading adoption welfare agencies from the 1930s to the 1950s that the groups most involved in handling adoptions and developing recommendations mostly agreed that adult adoptees should have access to their original birth records.

Samuels shows the original legal rationale to provide confidentiality of the birth mother and to keep her from knowing her birth parents was only to “protect adoptees and adoptive parents from the dangers of public access to personal information.”state secret comment

The intent up through the end of the 1950s was never to prevent adult adoptees from accessing their original birth certificates, which had their original names prior to their adoption and later amended birth certificates with their name provided by the adoptive parents.

The most influential adoption agency of its time, the Child Welfare League of America, noted in its 1941 standards that such protection shielded adoptees “from unnecessary embarrassment in case of illegitimacy.”

In fact the U.S. Children’s Bureau, one of the major players in the development of adoption law through the mid-20th century, fully endorsed adult adoptees’ rights to know who they were, in the form of access to their original birth records, up through the late 1940s. Samuels notes one consultant for the agency defended this already established legal practice nationally, noting, “every person has a right to know who he is and who his people were.”

Samuels’ legal analysis dismantles and thoroughly destroys the predominant justification still used today that the shamed and marginalized pregnant mothers who entered into adoptions from the 1940s onward wanted to have their identities hidden from their birth children. This false narrative still survives today and still continues to allow legalized discrimination and stigmatization of these mothers and their kids.

Samuels unearthed no data or credible study that ever justified this overwhelming legal rationale. It was the view advanced by the interest groups who managed adoptions, notably the social service agencies who brokered more than 1.5 million adoptions from 1951 to 1972— the last year before abortion became legal in the United States.

Adoption Industrial Complex Word Cloud

Many players participated and continue to participate in the “adoption industrial complex.”

“The historical record suggests that birth mothers were in fact seeking a measure of confidentiality,” writes Samuels in her October 2001 op ed published in the Washington Post in 2001. “What mothers wanted, however, was not to prevent the adoptive parents and the children they had surrendered from discovering their identities, but to prevent their communities from learning of their situations.”

When and why “secrecy” became acceptable?

Samuels’ evidence shows that the rationale by state legislatures reflected the social attitudes of their day. It is very likely lawmakers, still majority male from the 1960s to 1990s, were open to the advocacy of interest groups supportive of family ideas not grounded in any scientific research of the birth mothers or adoptees.

Samuels outlines this unproven myth of these three decades with the following main points:

  • Social attitudes were developing about the nature of adoption.
  • Adoption was increasingly being regarded as a “complete and perfect” substitute for the creation of families.
  • A prevailing myth gained credibility that once adoption is legalized, the newly configured family would become the “real family” and the child would be the same and feel the same as if he or she were born into that family.
  • From the 1940s through the 1960s, child development theories emphasized nurture over nature, and suggested that a birth parent’s purported “morality” would not be transmitted in a child’s development or future actions.

These views coincided with larger societal views that shamed unmarried women. This institutionalizing of this shame can be seen in the development of the Florence Crittenton Homes and other places that spirited away unwed and mostly white women until they gave birth to their kids. (See Anne Fessler’s study of these women, The Girls Who Went Away, for an overview of this system.)

Philomena

The 2013 film Philomena highlighted the Catholic Church’s role selling Irish babies of unwed mothers to U.S. families eager for children.

There were also illegal operations that allowed babies to be sold or stolen, seen in the case of nearly a dozen “Gertie’s babies” in the 1950s in the American west, who were placed in the adoption black market. In Ireland up through the 1960s, the Catholic Church ran homes for “lost girls” and brokered the sale of babies from single pregnant women to American families, documented in the 2013 film Philomena. (See my story on that film and the Florence Crittenton Homes, “The American Philomena story that is also my own.”)

The adoption industrial complex

Dan Rather recently profiled America’s hidden baby delivery and placement system that put vulnerable, pregnant women in situations that sometimes led to coercive adoptions. His May 1, 2012, episode of Dan Rather Reports, called “Adopted or Abducted?” interviewed women who decades after surrendering their children now claim they were forced to put their babies up for adoption, often with the support of Catholic charities.

This large but little publicized system went beyond the Florence Crittenton Homes and similar facilities that hid young women, including my birth mother and me. The participants were parents desperate for kids, doctors, social workers, clergy, lawyers, nurses, and lawmakers passing laws that ensured the system could operate without disruption. Most believed they were doing the right thing for kids and their moms. The adoptive parents certainly were not causing harm, and offering love and a home. Adoptive families are not being criticized or questioned here for their deeds and their love.

That larger system still exists today, minus the homes for unwed mothers. One estimate puts the value of the adoption industrial complex today at $13 billion per anum.

Not including adoptive parents, I have rarely heard of a single participant in this system ever admit they believed they were wrong, even when compelling evidence has been widely reported for decades in the USA today that secrecy in the adoption system has led to lifelong frustration by adults wanting to know their kin and where they came from.

220px-Kate_Waller_Barrett

Dr. Kate Wallter Barret is one of the co-founders of the Florence Crittenton Homes for Unwed Mothers (courtesy of Wikipedia)

Demographics and changing social mores had a large impact in this story too. Data from the National Center for Health Statistics show a dramatic rise in “illegitimate births” during the 25-year period from 1940 to 1965.

  • The number of out of wedlock births more than tripled from an estimated 89,500 in 1940 to 291,200 in 1965.
  • Five years later, in 1970, these out-of wedlock births reached 398,700.
  • More than half were by women 15 to 19 years of age.

By the mid-1960s, close to 400 maternity homes were operating nationwide, often overcrowded. My birthmother stayed in one of these. I was born in the unwed mother’s maternity ward of Detroit’s Crittenton General Hospital, on Tuxedo Street, once affiliated with the National lorence Crittenton Mission.

Sham pseudo-science by psychologists and psychiatrists

What’s particularly shameful from this era is how it promoted women’s virtue at the expense of pregnant women and the hundreds of thousands of adoptees. Complicit in these failings are social workers and health professionals who may have meant well, but who never fully understood the impacts of their activities or never considered the long-term welfare of mothers and their kids.

Psychiatry and psychology professionals colluded in especially damaging ways. They provided a mental health framework to promote ideas that were harmful to millions of Americans whose only failing was to have a child out of marriage or be born out of marriage. (For me, the kooky theories offered from this era still call into question these professionals’ scientific credibility to this day.)Psychobabble comment

One commentary cited by Samuels of a mental health professional (Viola Barnard) from this era described an adoptee’s curiosity to find his or her identity as “tragically pathological distortions.” Barnard’s views were considered influential in the 1950s and early 1960s on adoption practices, according to Samuels.

Samuels’ review of the literature of the time shows that unmarried mothers who became pregnant were seen as mentally ill—a theory that completely ignored the failures of the legal and moral systems to hold the birth fathers accountable or to shame them equally.

A woman, a white woman in particular, who had sex was seen as a deviant or having a psychopathology. Samuels notes racist views promoted another view that it was natural or normal for less-moral African Americans to have out of wedlock births.

Barbara Melosh’s history on American adoption notes that in postwar America, women who had children out of marriage were “deemed neurotic—as manifesting a disordered femininity.” They were “bad women, their sexual transgressions exposed by pregnancy.” (See Strangers in Kin, 2002.) Even women adopting were tarred as being unfit women because of their infertility.

Anne Fessler profiled this stigma in her 2006 oral history on women before the Roe V. Wade decision who gave up children for adoption, called The Girls Who Went Away.

In her interview with Rather on often coercive and sometimes illegal methods used to convince young women to surrender their bids for adoption, Fessler said, “In the United States between 1945 and 1973 a million and a half women surrendered children for adoption. I see that period of time as a kind of perfect storm of circumstances that led to all these surrenders. Number one, during the war and after the war there was a change in what was considered acceptable sexual behavior.”

While the men, like my respected ROTC and medical professional birth father, escaped societal scorn, women had to wear the brand of mental illness and be changed.

According to this view, reforming the mentally ill mother could occur with the lifelong separation from her birth child, which would enable the woman a chance to fulfill her desired identity as a woman by raising her own children and family. The burgeoning adoption market provided the “system” through which this idea was sustained—a two-part solution to a problem of change in society.

Unsubstantiated claims from the 1960s onward were made by defenders of closed records that adoptees or birth mothers might wish to extract revenge or extortion. Samuels even cites one instance where efforts in a court case by an adult adoptee to seek their records were denounced by an opposing attorney, who claimed the information could be used by the adoptee to “find and murder his biological parent.”

The bogeyman concept of illegitimate children, however, far precedes the U.S. adoption system and laws that govern it. Adoption laws only date to the 19th century in the United States. Ideas of birth-driven—now considered genetic—identity are historic and rooted deeply in most cultures over time.

TE Lawrence Posing

TE Lawrence (“Lawrence of Arabia”) was a bastard who was also stigmatized by British society for being born out of wedlock and illegitimately.

Such children call into question property ownership, lines of familial and political succession, moral standing of parents and entire religions, and more. Each society over time has addressed these fears, often brutally for the unlucky illegitimate. Normally, the “bastards” have been ostracized, but also killed. (Please see my article on the demonization of bastards.)

Parenting literature from the 1970s also was awash in guidance to adopted parents how to tell the children they adopted about their origins. But the so-called psychological professionals counseled that any adopted child who sought out their origins was the acting out of fantasy, not one of a human’s most innate desires, documented in nearly all religions and myths as an essential and archetypal human need. (See my article on this archetype and myth.)

The sociologist Katherine Wegar, who has studied the issue of adoptees’ rights and their quests for their birth documentation, suggests that searching for genetic identity is “generally regarded and experienced as an important part of a person’s identity, perhaps even as an archetypal yearning.” Wegar concludes adoptees continued to suffer from societal discrimination that they are inferior to non-adopted persons.

Accepted discrimination, so long as you are adopted or a birth parent

The stigma of adoption was also branded on all adoptees by these prevailing norms from the 1960s onward. These were reinforced by a network of increasingly discriminatory state laws that treated adult adoptees separately, with lesser rights than all other U.S. citizens. Laws were passed in states that blocked adoptees from ever inheriting any property or wealth from natural parents. (Samuels cites presence of such discrimination in 2001 of slightly less than half of all states preventing such inheritance.)

Author Florence Fisher wrote of her efforts in 1951 to find her birth parents, and the lawyer who arranged the process told her, “You have right to any information whatsoever. You were adopted legally … . You had no other parents.” Author Betty Jay Lifton was told by her psychiatrist she had consulted about her search in the mid-1950s, “Your need to look for your mother is neurotic. You are rationalizing why you must know who your real ‘real’ parent, as you call them, are.”

This was the overwhelming societal attitude I encountered starting in the late 1970s and throughout the 1980s, when I began to openly discussing my adoption as a young person.

During this dark period of lawmaking that closed adoption records one by one in most states, I began my own long, expensive, and ultimately successful search for my biological parents, my family medical background, and my collective family history. This is information that I am entitled to as a human right, though most states had made that right illegal.

During that search, I was told I was being cruel to my adoptive family. I was told I had “issues” that had not been resolved in my infancy or childhood. I was mocked and laughed at by people when I explained I had a German name, but was not German. I was told I was mentally unhealthy. The only people who seemed to give a damn were adoptees.

As Samuels shows, “widespread and entrenched social attitudes about secrecy in adoption” contributed to the closing of birth records to adult adoptees and birth mothers from 1960 to 1990. This was despite the social revolution of the era that was attacking the false adoption secrecy model and challenging the false narrative that adoption provided a perfect replacement to childbirth for families who could not produce children.

Samuels suggests that as single-parent homes among white families became more widespread, unmarried motherhood “was no longer equated with mental illness.” Adoptive families were finally seen as having challenges and qualities, grounded in peer-reviewed studies of outcomes of adoptees and their families.

Many birth parents were found to be open to being contacted. Thanks to the growing proliferation of stories about adoptees’ lack of rights, discrimination by states and agencies against them, and the emergence of a national movement, adoptees’ quests for identify information became less stigmatized. “Adoptees searching for information about or contact with their birth families became familiar figures, no longer assumed to be suffering from mental disorders,” says Samuels.

Samuels also cites arguments circulating in legal and psychological communities that adoptees should be given access to their rightful identity information because denial causes “psychological impairment.”

This idea is fundamentally flawed because it justifies the continued stereotyping of adoptees as mentally harmed, not as persons who are healthy by seeking information and who are doing what should be considered human and utterly normal.

Why state lawmakers ignore evidence and disregard adoptees and birth mothers

Despite changing societal views, states continued to double down and continued to close records.

Rudy as Baby

About the same time this photograph of me was taken, states across the country were making it impossible for adoptees like me to ever see their original birth certificates by passing laws sealing access to identity documents.

I think this happened because the state legislative environment has many conservative lawmakers in all states. Many of these lawmakers are sympathetic to adoptions as the “solution” to abortion (it is not). I also believe that this political environment is overly receptive to the Christian piety myth of rebirth through adoption that mirrors a conservative Christian notion of being “born again” (being adopted is not being born again, period).

Finally state lawmaking settings rarely rely on evidence alone to pass laws. I have seen on countless occasions when I worked in the Washington State Legislature for two years how single stories carry equal weight to massive evidence contradicting those outlier stories. In such a setting, the views of just one birth mother can be given equal weight of extensive and large bodies of scientific evidence that provide birth mothers and adoptees want to have rights they once had restored.

Samuels argues that laws from the 1970s on failed to ever acknowledge records for adoptees were once open. “It was as if there had never been periods of time in many states, only recently concluded in some and still ongoing in others, during which adult adoptees had legal access to their birth records.”

Evidence from many researchers continues to show adoption secrecy is rejected by the principal actors in adoption: birth parents and their children placed for adoption. Samuels says studies as far back as 1989 showed that “almost ninety percent of birth mothers studied favored being contacted on behalf of their surrendered children.”

Samuels reported in 2001 that:

  • In state sanctioned intermediary programs (where a third party is a bridge contact between adoptees and birth parents [birth mothers]), 95% of the parents are open to contact.
  • Hawaii reported that the most typical reaction of their state-run system is one of “great joy, crying, and, “This is the call I’ve been waiting for.”
  • New Jersey reported that 95 percent of 350 living birth family members contacted in a four-year period wanted contact if adoptees requested it.

More recent data published by the Donaldson Adoption Institute suggests that there is overwhelming support among adoptees, adoptive parents, and birth parents to allow for open records, completely undermining arguments from secrecy proponents.

The Donaldson Adoption Institute published data in its 2015 annual report that found overwhelming support for open records among the main group impacted by state laws that discriminate again adoptees and birth parents by closing records.

Question: Do you support adopted persons’ right to access their original birth records? The Donaldson Adoption Institute published data in its 2015 annual report that found overwhelming support for open records for adoptees among the main groups impacted by state laws that legally discriminate again adult adoptees. Note: Survey methods, including how it was conducted and how many participated in the survey, were not provided by the institute, so it is hard to determine the validity of this survey tool.

Failures of intermediaries and registries and the power of a powerless bureaucrat

In some states, such as Michigan, some adoptees and birth mothers can use an approved intermediary and others registries to request original birth records and find biological families. Others cannot simply on the basis of a person’s birth year. I fall into the period of births that closes records, except under strict conditions that require a birth mother to sign a legal release form, reviewed by bureaucrat who makes decisions that they likely have no training to understand.

I also believe a major issue not discussed in adoption research is simply the love of absolute power that mostly powerless bureaucrats and social workers have over adoptees searching for records. A bureaucrat’s imperative is to say “no,” as history shows time and again in a classic Weberian sense of how bureaucracies wield power.

In April 1989 in Detroit, I met a social worker with the Lutheran Child and Family Services and asked for my records and birth certificate. She politely refused to help me. She had the power, it was not “legal,” and she offered no help.

Two days later, after I had found my birth mother with some pretty impressive gumshoe detective work, I returned to the same social worker with a signed statement by my birth mother asking to release my information. The social worker finally released documents about my birth with my original birth name, except my birth certificate.

That type of life-changing power held by mostly lower-level practitioners is intoxicating, and bureaucrats seldom relinquish power once they have seized it. The law is the artifice used to justify it.

Registries and intermediaries in states also support the continuation of restricted access to records for hundreds of thousands of adoptees. They create unnecessary barriers to both birth parents and their kids under an unjustified notion that equal rights, namely, access to birth records, is a conditional right only the state can control.

Were such practices applied to anyone beyond adoptees and birth mothers, the media and advocacy groups would be lambasting state-approved registries and intermediary systems as a form of legal discrimination.

These methods still support a system that is not rooted in science or research, but one that emerged mainly through custom and tradition and the desire of Christian lawmakers to promote adoption alternatives to birth control (my own view of the political landscape). Restrictions also exhibit a raw expression of power by states and their bureaucracies. These methods legitimize the power of a state to control individual rights that most people assume are natural at birth.

With regards to the passive and active registries, Samuels concludes rightly they are “ineffective, demean adult adoptees, and do not remedy the fundamental denial of adoptees’ rights to the kind of basic information about oneself that is available to all other persons.”

Admitting wrongs and changing laws will make a difference

As an adult adoptee, I am grateful for the work of pioneers like Lifton, Fisher, and Paton, who were prophets in the wilderness and who identified injustice and clear wrongs. I remain grateful that stories continue to be published on adoptees finding birth family, and vice versa, as a means of keeping the legal discrimination front and center in the news.

Joni and kilauren2

Maclean’s covered the reunion of birth mother Joni Mitchell and her daughter Kilauren Gibb in 1997. Like with many things in life, it was not a fairy tale, but it has put a face on an issue mostly ignored by the public.

Having football heroes like Tim Green and singing icon and former birth mother Joni Mitchell have their personal stories be known to the public helps build awareness of the hidden and ongoing pattern of legalized secrecy that provides no clear benefit to society or those most involved. They humanize the issue.

However, the “compelling human-interest story” that inspires “myriad novels, plays, and movies,” as Wegar calls it, should not be the means to correct past wrongs and to extend equal rights to adoptees.

The language of civil rights, that was broadened to include the rights of gays persons seeking to marry legally and have the same benefits under the law, now needs to be considered in the context of those born into a system in which their rights were never fully considered.

In fact adoptees are doing that with a national MoveOn.org petition asking for the Obama administration to open closed birth records with an executive order, and they are planning to hold a national rally in Washington, D.C., on Sept. 23 and 24, 2016, demanding equal treatment under the law by demanding open records.

As Samuels shows, anonymity rights concocted by mostly male run legislatures, with no recorded evidence submitted on their negative impacts on adopted persons, never existed in practice when the prevailing legal interpretations of the time claimed they did. Myth became truth, in other words.

I hope that the evidence that moves society is more through the studies Samuels cited and books like those written by Barbara Melosh, which are also turned into moving stories.

Evidence exists in other developed countries with a long record of using adoption (England, Scotland, Israel) that there have not been dire consequences for sharing birth identity documentation. Scotland has had open records since 1930, and England and Wales since 1975, both of which saw the benefits to the Scottish legal model that worked.

A useful model to follow is how the Australian Government has reviewed past abuses and harms caused by adoption to birth mothers, their families, and their kids. The government released an extensively researched 2010 report called the Impact of past adoption practices: Summary of key issues from Australian research, which focused on abusive practices that coerced young women to surrendering kids out of marriage.

The report noted: “Contrary to the popular myth that ‘time heals all wounds,’ one theme that was fairly consistent across the different studies and methodologies reviewed here was the notion that the pain and distress of their experience of adoption did not just ‘go away’ with the passage of time.”

The report looked honestly at the country’s past and used research to come to conclusions how to correct the mistakes and acknowledge that adoption was never a perfect system. Australia took a further step when Prime Minister Julia Gillard, in 2013, apologized to the thousands of birth mothers who gave up their children for adoption in situations that amounted to coercion.

There needs to be an honest accounting nationally in the United States, grounded in rigorous reporting and science. That should include testimonials by doctors and mental health experts, and lawmakers, who greased the skids of the flawed U.S. adoption system along the way. They need to step up to the mic, say what they did, and say that we could do better now.

Then there needs to be political and legal action to make it possible for those who were adopted or who gave up children for adoption to experience legal rights other countries grant to their citizens. We will see if the rally in Washington in September 2016 makes a difference. But I doubt states will be rushing to help adoptees anytime soon by granting them all open records access.

Meanwhile, my original birth certificate, bearing my birth name of Scott Douglas Owens*, remains sealed in an office somewhere in Michigan, hidden from me as a state secret, more than a quarter century after I have found my biological families. I will continue having to accept the utter insanity of an imperfect legal system that considers this to be both moral and normal.

(*I decided in August 2009 to legally change my adopted name, Martin Rudolf Brueggemann, to Rudolf Scott Douglas Owens, combining parts of my adopted and birth name. This is a true reflection of who I am, a person born into two families, with two names.)

 

 

 

Confronting Alzheimer’s disease and the promise of early in life lifestyle changes

At this point in my life, it is inevitable that people I know have been impacted by Alzheimer’s disease and/or dementia.

The Las Vegas Review Journal covered an AARP convention, showing a crowd of older American--millions will be impacted by dementia and possibly Alzheimer's disease.

The Las Vegas Review Journal covered an AARP convention, showing a crowd of older American–millions will be impacted by dementia and possibly Alzheimer’s disease.

A former friend of mine I used to run with has been diagnosed far too early in her 50s. Another friend’s mother finally passed away after battling the illness in assisted care for years. My friend’s family experience showed me first-hand how the disease’s many legal and caregiving duties can divide families when family members confront the illness in an elderly parent or spouse and try to sort out these roles. It can be very messy and often painful.

A family member of mine may have it, or perhaps another form of dementia.

Alzheimer’s or dementia?

I say “may” because a diagnosis of Alzheimer’s is only 100 percent certain following an autopsy of a victim after they die, revealing amyloid plaques and neurofibrillary tangles in the brain.

Some experts in the field claim nine out of 10 cases can be spotted with proper monitoring, MRI and PET scans, and what is often described as simple process of elimination.

Family members with a loved one in the midst of the disease will speak at length talking about the uncertainty of what condition their mother, father, or spouse has—with less certainly than promised by experts. This often leads to descriptions of drug regimes that are given to those with likely diagnoses.

Other diagnoses for dementia could include vascular dementia, or memory loss caused by microscopic bleeding in the brain; Parkinson’s disease, the degeneration of nerve cells that impacts one in ten Alzheimer’s patients; or maybe even dementia with lewy bodies (DLB), which can be concurrent to Alzheimer’s and mixed dementia. Another possibility is normal pressure hydrocephalus (NPH), a nasty ailment that builds fluid in the brain and causes cognitive impairment and problems with walking.

Familiarity with these possible diagnoses is a reality with tens of millions of Americans who have family members with a form of dementia.

Healthy activity throughout life is a proven way to reduce the risk of Alzheimer's according to a major study in The Lancet.

Healthy activity throughout life is a proven way to reduce the risk of Alzheimer’s according to a major study in The Lancet.

Enormous impact of Alzheimer’s disease

According to the Alzheimer’s Association and the Centers for Disease Control and Prevention:

  • About one in eight older Americans has Alzheimer’s disease.
  • It is the sixth-leading cause of death in the United States.
  • A whopping 15 million Americans provide unpaid care for a person with the disease or other forms of dementia.
  • Paying for care for the disease is staggering drain on the nation’s health care system, costing about $200 billion a year (2012 figure).
  • In 2013, an estimated 5 million Americans 65 years or older had Alzheimer’s disease, and the number could triple by 2050.

This does not cover the personal, psychological and health impacts the illness has on family members who serve as caregivers. The 36 Hour Day, the widely read and referenced book on the caregiving for those with the disease, addresses their many roles. These are day-to-day problems, from hygiene to wandering, to the major decisions that will occur, including placing a loved one in a care home. The title says it all.

I have sat in on sessions organized by the Alzheimer’s Association for adult children of those with the illness. I give the national organization a lot of credit for this kind of support network available nationally. What I have seen are tired, challenged, stressed, and at times sad people from all walks of life. It is humbling, because I am not a primary caregiver, and I can only sympathize even more with those who are.

The comfort I have taken from these experiences is knowing that the burdens are shared, but sometimes you are left breathless at what may await you and others, and ultimately yourself when you get older.

Some caregivers suffer more

Dementia and Alzheimer’s also put adult children in a caregiving role for parents who may have been lousy parents to the children when they were younger. One study found that among more than 1,000 adults caregivers, almost one in five reported physical, verbal or sexual abuse as children, while about one in 10 reported neglect.

Such caregivers likely will have higher risks of depression because of both the duties they confront and the moral dilemmas caregiving poses to them—being good to those who were not good them. (See Eleanor Cade’s book “Taking Care of Parents Who Didn’t Take Care of You.”)

Focusing on healthy activity earlier in life: the evidence

Alzheimer's groups now organize walking events to raise awareness; they should also try to promote walking as one of the best forms of intervention for everyone.

Alzheimer’s groups now organize walking events to raise awareness; they should also try to promote walking as one of the best forms of intervention for everyone.

One hopeful piece of research I found from the August 2014 edition of the health journal The Lancet, “Potential for primary prevention of Alzheimer’s disease: an analysis of population-based data,” noted early in life and upstream interventions could make a huge impact on the disease later in life. The authors of the study noted “… a third of Alzheimer’s diseases cases worldwide might be attributable to potentially modifiable risk factors. Alzheimer’s disease incidence might be reduced through improved access to education and use of effective methods targeted at reducing the prevalence of vascular risk factors (eg, physical inactivity, smoking, midlife hypertension, midlife obesity, and diabetes) and depression.”

The American Public Health Association cited this breakthrough study and reported reducing the risk of each risk factor by 10 percent, it might be possible to reduce Alzheimer’s prevalence by 8.5 percent by 2050. That would mean the 9 million fewer cases of the disease.

I shared this research with the Washington state chapter of the Alzheimer’s Association in the summer of 2014, when the group was taking public comment on their state action plan. I wrote to them citing this study and urging the organization to consider public health approaches that did not involve over-medication of patients and were based on population methods that could even be more cost-effective. I suggested the group participate in large-scale health fair activities that promote physical activities like walking earlier in life. I doubt these ideas took root—they require coordinated advocacy by families pushing against the “drug-solves-all” model.

Families looking for solutions beyond drugs

Aricept is the only drug approved for use in all stages of the disease, but not without some controversy from researchers and advocacy groups.

Aricept is the only drug approved for use in all stages of the disease, but not without some controversy from researchers and advocacy groups.

At the public meeting I attended in Seattle that had other family members with impacted parents, about half the people in the room voiced support for alternatives to drugs like Aricept (Donepezil), which groups like Public Citizen have voiced detailed concerns over. As someone who has sat in a room with many people dealing with parents on medication, it is very alarming to hear about the volume of drugs that their parents take. It may not even be clear a drug like Aricept is the best course, simply because someone with symptoms may not have the disease.

At this chapter meeting, I also felt hope seeing and hearing how committed many families—families that include elderly doctors suffering from Alzheimer’s—were to reducing and eliminating drugs that doctors prescribed for their parents. As the Mayo Clinic notes, current drug regimes may boost the performance of some brain chemicals, but they do not address the underlying conditions leading to the death of brain cells.