And this should wrap up Homogamy Week here at Family Inequality…
I am confused by the logic in the arguments against extending marriage rights to gay and lesbian couples.
I earlier pointed to an essay I agree with, arguing that denying marriage rights on the basis of a child well-being argument is wrong-headed. And that’s even before we got the excellent review from the American Sociological Association reaffirming that homogamous-couples cause no demonstrable harm to children.
But now on the other side, Mark Regnerus and his colleagues have submitted a stunning brief for the Supreme Court’s upcoming marriage-rights cases. In it they argue that man-woman parents are best for children, but also that there are too many unanswered questions to draw any firm conclusions about child well-being in gay- and lesbian-parent families — so therefore the Defense of Marriage Act and California’s Proposition 8 should be upheld.
When Regnerus’s awful study came out — purporting to show (but not actually showing) that children of gay and lesbian parents were worse off then those in “intact biological families” — he disavowed any political intent or implications. When he interviewed himself, it went like this:
Q: Is there a political take-home message in the study?
A: No. As I stated in the article, “this study cannot answer political questions about same-sex relationships…”
Q: Come on. You can’t surmise what people will make of this study politically?
A: You know, I don’t think it easily lends itself to one particular answer to any of the politicized questions that are circulating about gay marriage, or parental rights, etc.
And when he wrote in Slate, he offered an ostensibly even-handed interpretation:
The political take-home message of the NFSS study is unclear, however. On the one hand, the instability detected in the NFSS could translate into a call for extending the relative security afforded by marriage to gay and lesbian couples. On the other hand, it may suggest that the household instability that the NFSS reveals is just too common among same-sex couples to take the social gamble of spending significant political and economic capital to esteem and support this new (but tiny) family form while Americans continue to flee the stable, two-parent biological married model, the far more common and accomplished workhorse of the American household, and still—according to the data, at least—the safest place for a kid.
In fact, Regnerus and his defenders were incensed that he was being treated as if his motives were political. And in his own defense he wrote of the original paper: “Some perceive it as a tool for this or that political project, a role it was never designed to fill. It cannot answer political or legal questions…”
That was then. So now to the amicus brief filed by Regnerus and several other social scientists. Their review of the evidence is irrelevant to their argument, because they conclude that we don’t know enough to draw any empirical conclusions. Still,
With so many significant outstanding questions about whether children develop as well in same-sex households as in opposite-sex households, it remains prudent for government to continue to recognize marriage as a union of a man and a woman, thereby promoting what is known to be an ideal environment for raising children. Marriage is the legal means by which children are stably united with their biological mothers and fathers and poised for optimal development. Opposite-sex parenting allows children to benefit from distinctive maternal and paternal contributions. Given these facts, safeguarding marriage is a liberty to be accorded to children at least as much as to their parents.
So man-woman parenting is good, OK. And we don’t know enough to say anything about gay and lesbian parenting causally. Therefore it is “prudent” to deny marriage rights to gay and lesbian couples, because “safeguarding marriage is a liberty to be accorded to children.”
That is, it was right to tax Edith Windsor $600,000 more because her spouse was female. For the children.
I really hope Regnerus gets a chance to testify as an expert on all this someday, because I’d love to hear more about this logic under cross examination.