Tag Archives: homogamy

Homogamy tipping point update: between elections edition

After the last election I described the trend toward legal homogamy as taking a tipping point shape. Not a media-hype tipping point that’s really just a milestone or watershed (like the arbitrary 50%), but a bona fide straw-that-breaks-the camel’s-back shape – that is, an exponential trend.

The between-election update shows us continuing on that trend, with Rhode Island and now Delaware falling on the line. Here I’ve plotted the percent of the population living under a post-homogamy state regime, and the number of states (including DC):homogamy-tipping-point

Even assuming they don’t legalize it nationally, if the Supreme Court lets California’s homogamy law stand after all this graph will go through the proverbial roof.

On the other hand, of course, the future is not yet determined. We won’t know till it happens what happened. In that I must agree with the Family Research Council, Heritage Foundation and National Organization for Marriage, who write in a recent pamphlet:

Q: Isn’t same-sex marriage inevitable?
A: No.

(I disagree with the rest of the pamphlet.)

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What victory looks like, or not

Two columns in today’s NYTimes on what victory looks like, or not.

Maureen Dowd is outraged that Chief Justice John Roberts thinks the gays have already won. She points out that homosexuality is still not a protected category federally (that is, you can legally fire someone because they’re ugly, gay, or underperforming; but not because they’re Black, female, or disabled). It was an outrageous moment in the oral arguments when Roberts told Edie Windsor’s lawyer that “political figures are falling over themselves to endorse your side of the case.”

This was not idle mean-spiritedness, however. Roberts is arguing against the crucial point that policies against gays and lesbians should be considered under “heightened scrutiny” by the law because they are a systematically oppressed “class.” Here is the exchange (at p. 106 of the transcript):

CHIEF JUSTICE ROBERTS: You don’t doubt that the lobby supporting the enactment of same sex-marriage laws in different States is politically powerful, do you?

MS. KAPLAN: With respect to that category, that categorization of the term for purposes of heightened scrutiny, I would, Your Honor. I don’t -

CHIEF JUSTICE ROBERTS: Really?

MS. KAPLAN: Yes.

CHIEF JUSTICE ROBERTS: As far as I can tell, political figures are falling over themselves to endorse your side of the case.

Besides deciding on marriage equality, the Supreme Court has a chance to establish heightened scrutiny as the principle protecting people from persecution on the basis of sexual orientation. Roberts raises the possibility that the electoral shift on this issue — which is just one aspect of anti-gay oppression, after all — makes that unnecessary.

Ross Douthat, writing on the same page, might agree.

Douthat goes actually further, arguing that the victory of gay marriage actually is destroying the “older marital ideal,” just as its defenders feared. My jaw actually dropped a little when I read this:

Yet for an argument that has persuaded so few, the conservative view has actually had decent predictive power. As the cause of gay marriage has pressed forward, the social link between marriage and childbearing has indeed weakened faster than before. As the public’s shift on the issue has accelerated, so has marriage’s overall decline.

Of course he adds: “Correlations do not, of course, establish causation.” But you can’t unring that bell.

Not only are the gays doing the victory dance over the corpse of traditional marriage, but them and their liberal allies are actually persecuting religion.

A more honest, less triumphalist case for gay marriage would be willing to concede that, yes, there might be some social costs to redefining marriage. It would simply argue that those costs are too diffuse and hard to quantify to outweigh the immediate benefits of recognizing gay couples’ love and commitment.

Such honesty would make social liberals more magnanimous in what looks increasingly like victory, and less likely to hound and harass religious institutions that still want to elevate and defend the older marital ideal.

I guess we might need special protection for the beleaguered religious minority who are just trying to live their lives in traditional peace. Maybe they could use some of the billions of dollars they save from their tax-exempt status to inform us about the benefits of this older marriage ideal, or use their political clout to divert hundreds of millions of dollars from welfare to promoting marriage among the poor.

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I hope Charles Murray’s gay friends also have some better friends

Charles Murray still thinks legalizing homogamy is a “dangerous thing in a philosophical sense,” although he acknowledges that the political train has “left the station” and urges Republicans to stop fighting it for practical reasons.

charles-murray

Speaking at the Conservative Political Action Conference, he described his “number of gay and lesbian friends” and how they surprised the social scientist in him by being not just responsible parents, but “excruciatingly responsible parents” (See, “some of my best friends are…” and “aren’t gays hilariously fastidious?”)

But Murray’s gay friends should beware, because when he is acting as an (alleged) social scientist, he’s not so kind. In a section of his book Coming Apart that has received disappointingly little attention, he wrote:

I am predicting that over the next few decades advances in evolutionary psychology are going to be conjoined with advances in genetic understanding, leading to a scientific consensus that goes something like this: There are genetic reasons, rooted in the mechanisms of human evolution, why little boys who grow up in neighborhoods without married fathers tend to reach adolescence not socialized to the norms of behavior that they will need to stay out of prison and to hold jobs. The same reasons explain why child abuse is, and always will be, concentrated among family structures in which the live-in male is not the married biological father. The same reasons explain why society’s attempts to compensate for the lack of married biological fathers don’t work and will never work.

There is no reason to be frightened of such knowledge. We will still be able to acknowledge that many single women do a wonderful job of raising their children. Social democrats may be able to design some outside interventions that do some good. But they will have to stop claiming that the traditional family is just one of many equally valid alternatives. They will have to acknowledge that the traditional family plays a special, indispensable role in human flourishing and that social policy must be based on truth.

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“No differences” survives the Regnerus paper

Coming soon (or at least sometime in the future): An article by Andrew PerrinNeal Caren and myself, now accepted by the Journal of Gay and Lesbian Mental Health, ”Are Children of Parents Who Had Same-Sex Relationships Disadvantaged? A Scientific Evaluation of the No-Differences Hypothesis.”

Here is the abstract:

In a widely publicized and controversial article, Regnerus seeks to evaluate what he calls the “‘no-differences’ paradigm” with respect to outcomes for children of same-sex parents. We consider the scientific claims in Regnerus in light of extant evidence and flaws in the article’s evidence and analytical strategy. We find that the evidence presented does not support rejecting the “no-differences” claim, and therefore the study does not constitute evidence for disadvantages suffered by children of same-sex couples. The state of scientific knowledge on same-sex parenting remains as it was prior to the publication of Regnerus.

I have posted a preprint of the article here.

difference

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‘More managerial than intellectual’: How right-wing Christian money brought us the Regnerus study

There is a new release of documents, obtained by the American Independent through a Texas Freedom of Information Act request, regarding Mark Regnerus, a sociologist at the University of Texas-Austin (UT). The new documents are excerpted here and here. This adds an interesting chapter to the ongoing story of the infamous paper published in the journal Social Science Research (even if you haven’t been following it so far.)

In that paper, Regnerus reported negative consequences of being raised by lesbian or gay parents. The study has been thoroughly debunked and substantively should be completely disregarded. Regnerus subsequently signed onto an amicus brief for the Supreme Court, using the study to justify continued denial of marriage rights to gay and lesbian couples. (Here is a review of the controversy with links, and here is the most recent debunking).

From my reading, the information in these documents shows that declarations by Brad Wilcox and Mark Regnerus were not true:

  1. Brad Wilcox was not truthful when he said he never served as an “officer” of the Witherspoon Institute, even though he was director of the institute’s Program on Marriage, Family, and Democracy – which funded the study – and when he implied that he did not have a direct hands-on role in it. In fact, Wilcox played a leading role in the original conception, the design, and the dissemination of the results of this study. His description of himself as, “one of about a dozen paid academic consultants,” surely was deliberately misleading.
  2. Mark Regnerus was not truthful when he said that the Witherspoon Institute “had nothing to do with the study design, or with the data analyses, or interpretations, or the publication of the study.” This assertion appeared in several public venues as well as in the article itself. In fact, Witherspoon, in the person of Brad Wilcox as well as its other officers, was heavily involved throughout the process.

We could have guessed that already; these new documents are merely confirming the probable. But the bad behavior of these individuals ultimately is not as interesting as the story of how Christian conservatives used big private money to produce knowledge in service of their political goals, and how the seemingly puny defenses of the academic establishment may be easily overrun by well-organized, well-funded interest groups.

(To clarify: I didn’t request or publish these documents; I am just discussing them. But the ethics of this exposure seem OK to me: Regnerus ran almost a million dollars in research money through a public university’s research center – this isn’t his private life we’re talking about. As a Maryland employee, incidentally, my own email may be subject to public records request. If you catch me lying and covering up my true motives in my emails, I will be embarrassed, and that’s one reason I try not to do that.)

Fall 2010: Witherspoon lines up its team

Witherspoon is a tax-exempt, right-wing think tank at Princeton University whose leaders have ties to the Bradley Foundation, and the Christian conservative Family Research Council, Ethics and Public Policy Center, Institute on Religion and Democracy, and so on. It also funds the Institute for American Values. In 2011, the New Family Structures Study – the Regnerus study grant – accounted for more than 70% of its external grants. Its president is Luis Tellez.

This is how Regnerus described the funding for the study in his self-Q&A:

Funding is hard to get these days. Witherspoon had nothing to do with the study design, or with the data analyses, or interpretations, or the publication of the study. To me, I treated it the same as if the funding came from NICHD or NSF.

Q: So why didn’t you go to NICHD or NSF for funding?

A: For two reasons. First, because in informal conversation about it, Witherspoon expressed openness to funding it. I was between book projects and it sounded like an interesting thing to pursue. I informed Witherspoon that if I were to run the study, I would report the results, whatever they may be. And honestly my bet was that it would be a far more mixed set of results, with many null findings. Second, I actually don’t think a study like this would fly at NICHD or NSF.

But this was not the idea of an independent researcher looking for funding to pursue his scientific questions. Rather, the early emails in the document release show Witherspoon president Tellez and Wilcox fundraising and developing the vision for the project.

On September 13, 2010, Tellez wrote to someone named David at Abt Associates, a research firm that has done work on marriage promotion: “At the request of Brad Wilcox, I am sending you a description of ‘The New Family Structure Study.’”

There can be little doubt Tellez and Wilcox were motivated by political goals. There are two indicators of that. The first is technical but important: the proposal Tellez sent, forwarded from Wilcox, described their plan to “sample 1000 young adults from same-sex households, 1000 young adults from adopted households, and 1000 young adults from heterosexual households.” As would become immediately apparent once actual experts were consulted, finding 1000 young adults raised by gay and lesbian couples through random survey sample methods would be next to impossible without a budget in the millions of dollars – there are simply too few of them in the population. Any researcher with substantive expertise and interests in this area would have seen that as an outlandish proposal. Substantively, they did not understand this area of research – but they understood the politics very well.

And second, in a Tellez email to Regnerus later that month – apparently working out the details of their new arrangement for Regnerus to conduct the study on Witherspoon’s behalf – he wrote:

“It would be great to have this before major decisions of the Supreme Court but that is secondary to the need to do this and do it well… I would like you to take ownership and think of how you want it done… rather than someone like me dictating parameters… but of course, here to help.” [ellipses in original]

You might think Witherspoon was motivated to discover the truth – whatever it was – so that it could inform the Supreme Court’s same-sex marriage decisions. But I believe Tellez, Wilcox and Regnerus were sure they would find that children raised by gay and lesbian parents fare worse than those in what they smugly call “gold standard” families. They believed they would find that if they did do the research “right.” And when they were unable to get anything like that sample they imagined, they adjusted. Their decision was to boost the sample of children of gay or lesbian parents by including anyone who reported a parent ever having a same-sex relationship — a change certain to produce the negative-outcomes result. Believing in what they expected in the first place, and motivated to produce the result they were already planning for, they showed no hesitation in drawing the conclusion they initially expected – even though it was not supported by the evidence they actually got.

Anyway, on September 21, 2010, Regnerus sent Wilcox a detailed email, seeking his approval – on behalf of Witherspoon – for the plan he intended to bring to the director of the Population Research Center at UT. Wilcox responded, on September 22, with “YES” to each item. The message goes like this (excerpted):

Dear Mark:

This sounds right on target. My thoughts in CAPS. Thanks, Brad.

[then, quoting Regnerus’s message:]

Brad,

OK, so let me process some of this. I need to have my stuff together before I approach Mark Hayward [director of UT's Population Research Center], perhaps early next week if I’m clear on things.

Tell me if any of these aren’t correct.

  1. We want to run this project through UT’s PRC. I’m presuming 10% overhead is acceptable to Witherspoon. YES [Wilcox’s reply –pnc]
  2. We want a broad coalition comprising several scholars from across the spectrum of opinions… [goes on to discuss individuals]. YES
  3. We want to “repeat” in some ways the DC consultation with the group outlined in #2. … [details of how the planning document will be crafted] YES
  4. This document would in turn be used to approach several research organizations for the purpose of acquiring bids for the data collection project. YES

Did I understand that correctly?

And per your instruction, I should think of this as a planning grant, with somewhere on par of $30-$40k if needed. YES

I would like, at some point, to get more feedback from Luis and Maggie [Gallagher? –pnc] about the ‘boundaries’ around this project, not just costs but also their optimal timelines (for the coalition meeting, the data collection, etc.), and their hopes for what emerges from this project, including the early report we discussed in DC. Feel free to forward this to them.

Just to be clear that the idea and impetus were coming from Witherspoon, two other emails from that day show the chain of command. Tellez wrote to Regnerus: “we will include some money for you and Brad on account of the time and effort you will be devoting to this.” Regnerus replied,

Got it; thanks, Luis, and Brad. … I have a light teaching load all this year, which is a significant help. Providential, perhaps.

On October 19, Tellez got back to David from Abt to say:

Mark Regnerus of the Population Research Center at the University of Texas-Austin is in conversations with us about PRC hosting the project. When I have more specifics I will let you know.

David responded, “Thanks for the update. A pop center as host sounds promising.” To which Tellez replied: “…you set me off in the search for that major university and it appears we have found it.”

Regnerus’s CV shows a $55,000 “planning grant” from Witherspoon starting in October 2010. (I don’t think Abt ended up working on the research.)

This is a beautiful illustration of the legitimacy-seeking nature of the Witherspoon project. By hiring Regnerus, and getting UT’s population center to host it, Tellez and Wilcox were buying their seal of academic objectivity – the tool they would later use to boost the political influence of the published study. (I’m not expert in this area of how elites construct “popular” opinion – all I know I learned from books like Domhoff’s Who Rules America, which describes this process pretty well.)

Starting in October, there are a series of emails from Regnerus attempting to recruit academic consultants to enhance that legitimacy. He offered professors a few thousand dollars and a paid trip to a meeting in return for their input. The requests are from Regnerus – not Tellez and Wilcox – and in them Regnerus distances himself from the well-known political bent of Witherspoon.

For example, he wrote to sociologist Stanford sociologist Michael Rosenfeld on October 25:

So my job here is more managerial than intellectual – to pull together a small team of ideologically diverse scholars who are serious about doing good science on this important subject. … This is *not* some right-wing conspiracy (I myself am moderate and largely apolitical); while the initial funding source is conservative, they’re actually pursuing (and are already getting) additional financial support from across the spectrum.

After listing some other possible consultants, Regnerus writes, “On the more conservative side, Brad Wilcox of UVa has agreed to be part of this…”

Rosenfeld sent an email declining to participate. (In it, incidentally, Rosenfeld advised Regnerus, “creating a new nationally representative sample of children raised by same-sex couples, with your proposed sample size of 1,000 is in my view an [sic] very ambitious, and maybe an overly ambitious undertaking.” Regnerus got the same response from Chintan Turakhia at Abt: “This is obviously an extremely rare population. Most probability based sampling methods are likely to be cost prohibitive.”)

In his attempt to recruit one professor, Regnerus wrote on December 2,

I’m an odd pick to run this thing… I didn’t know anybody at the Witherspoon before several months ago. Basically, was a friend of a friend who introduced me. … I’m between books and this hit at the right time, so fine, I can manage such a project, provided I locate good advisors … I realize the funder is conservative, but they are working hard as well to get funding from pro-GLBTQ orgs and donors, and are nearing that.

The emails I’ve seen contain no trace of this effort to find progressive donors, and none eventually were found, but the claim showed Regnerus trying to put a legitimate face on the project.

2011: How sausage is made

Regnerus and Wilcox did not sit around waiting for the study to be completed. They were working on packaging the results before the data collection started.

On January 21, Regnerus wrote to Wilcox,

Any new thoughts about Cynthia [Osborne -pnc] as co-writer of the report? I remain positively inclined toward it. What are the negatives?

Wilcox replied, apparently wary of Osborne’s potential liberal influence:

Great idea. No Negatives. … My suggestion for report: You coauthor introduction, lit review, data and methods, and results sections and THEN write your own distinct conclusions.

Osborne ended up a coauthor on an early presentation about the study for the Population Association of America, and also wrote a critical yet supportive comment in Social Science Research – and she is listed as a “key collaborator” on the study’s web page.

Meanwhile, Tellez was working to raise more money for the study, turning to the Bradley Foundation, which would eventually contribute $90,000. (The Bradley Foundation has a long history of support conservative pro-marriage causes.)

On April 5, Tellez wrote to Bradley vice president Dan Schmidt asking for $200,000:

to examine whether young adults raised by same-sex parents fare as well as those raised in different familial settings. This is a question that must now be answered – in a scientifically serious way – by those who are in favor of traditional marriage. … Our first goal is to seek the truth, whatever that may turn out to be. Nevertheless, we are confident that the traditional understanding of marriage will be vindicated by this study as long as it is done honestly and well.

That led to a planned conference call. On April 29 Tellez wrote to Michael Hartmann, Bradley’s director of research:

Mark Regnerus is in the process of preparing a proposal… I have asked Brad Wilcox to be in the call as well as Mark. The purpose of the call, in my view, is to update you as to the importance of the project, and to explore ways in which Bradley could assist in supporting this project.

Throughout 2011, Regnerus, Wilcox and Tellez stayed in touch on budget and planning matters. In a detailed budget report to Tellez on July 7, Regnerus wrote that, “Brad and I decided to pay [blacked out] $15,000 to co-analyze and co-author the report.”

He also reported that he would spend some Witherspoon travel money to visit with Glenn Stanton from Focus on the Family (author of Marriage on Trial: The Case Against Same-Sex Marriage and Parenting), and that he would pay for Wilcox to attend the NIH conference “Counting Families” that summer.

On August 23, Regnerus reported back to Tellez on his travels, subject: “with Brad”:

I spent the day yesterday with Brad and a couple other researchers (Glenn Stanton, Focus, and Scott Stanley, U of Denver), and spent some time discussing public/media relations for the NFSS project. Anyways, time well spent and we feel like we have a decent plan moving forward.

Tellez gently replied, “At some point, I would like to know the plan… at your convenience” [ellipses in original], and Regnerus promptly filled him in on the details on the media strategy, such as

Brad thinks we should invite three journalists then – an NPR reporter, an Atlantic monthly writer, and an AP journalist (I can’t remember the names of the last two – Brad does…).

The data collection had begun four days earlier, and already the media plan was ramping up. Another message, from Wilcox to Regnerus on September 12, shows Wilcox’s continued assistance with the media:

Michael Cromartie runs a big press gathering in Miami in the spring. Very informal, expansive, great access to top media players. Love to get you and [blacked out] there @ the time the report is released. He’s interested.

Cromartie is vice president of the aforementioned Ethics and Public Policy Center. In this ABC News clip his event is described as “maybe the best junket in all of journalism.” The clip happens to show Brad Wilcox speaking there (apparently about his work on divorce trends).

wilcox-cromartie

Finally, there is a message from Wilcox to Regnerus that I can’t find a date for.

Yes, I think you have to keep in mind that even getting a report from UT W [with –pnc] Paul Amato on board is a huge achievement.

BTW: I have an idea. Steven Nock’s good friend Jim Wright is editor of SSR [Social Science Research], a good peer-reviewed journal that does lots on family.

He might be open to a special issue on our dataset – esp because Steve had hoped to study the issue. Wright also likes Paul Amato.

So, down the road, I suggest we do a report AND invite a number of people from across the spectrum to contribute to a special issue of SSR on the new data.

This seems to be the point at which Wilcox plants the idea of publishing the study in SSR. Two things about it are interesting. The first is describing the report – coming from UT, and with Paul Amato, a respected Penn State sociologist “on board” – as a “huge achievement.” Why is it a huge achievement? Is it not just the natural outcome of a large-scale academic study? Maybe Wilcox sees every published article as a “huge achievement,” and he’s merely encouraging a junior colleague. But I think he sees it that way because it represents the accomplishment of legitimacy for the study.

And the second point is Wilcox calls it “our dataset.”

Inside outside

In the end, two academic insiders with PhDs, Wilcox and Regnerus – enabled by various PhD allies, credulous consultants, the journal editor and his reviewers – were the conduits for a million dollars’ worth of foundation-driven anti-gay marriage PR, disguised in legitimacy-laced peer review and served up to activists, courts, and legislators around the country with a media campaign and an animated web site.

Comments short and polite, please…

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What is the logic of marriage denial?

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.

Back up

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.

Edith Windsor

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.

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Can the marriage movement survive gay marriage?

Originally published on TheAtlantic.com as, “The Most Surprising Thing About Conservatives Embracing Gay Marriage

cohen_gendermarriage_post.jpg

Pichi Chuang/Reuters

Maggie Gallagher, who more than almost anyone is the face of marriage-rights denial, is justifiably upset about the course chosen by another leading face of the cause, David Blankenhorn. Whichever side wins (and “winning” in this context may simply mean maintaining a donor base sufficient to keep their jobs), the chaos on the family right is interesting and important.

The question they face is this: Can a “marriage” movement survive on gender-neutral terms? That is, are they willing to settle for promoting stable, monogamous parental bonds even if a tiny portion of those bonds are between people of the same sex? At stake, Gallagher fears, is nothing less than the cherished view of men and women as inherently complementary in their essential oppositeness, without which society goes down the drain.

Blankenhorn now stands opposed to that view. President of the Institute for American Values, he recently stopped resisting the march of marriage rights after serving as a standard-bearer for the cause. His capitulation was stunning, as he had previously been dedicated enough to testify as an expert (until his qualifications were disqualified) in the federal case against Proposition 8 in California. In the wake of Blankenhorn’s reversal, Gallagher—best known for running the National Organization for Marriage—has emerged as the purist’s answer to the outbreak of tolerance (which now includes a number of former-A-list Republicans).

In a piece on her website, Gallagher compares the statement she co-signed with Blankenhorn in 2000, called “The Marriage Movement: A Statement of Principles,” with his new “Call for a New Conversation.” The comparison is revealing.

In 2000, the movement declared:

Marriage is a universal human institution, the way in which every known society conspires to obtain for each child the love, attention and resources of a mother and father.

Forget the erroneous reading of human history and culture that statement implies for the moment and just think about the vision it conjures for contemporary marriage politics: Marriage, man and woman, mother and father. This is what Gallagher likes—it’s not gender-neutral.

In his new statement, Blankenhorn has substituted generic, almost bureaucratic language:

Because marriage is the main institution governing the link between the spousal association and the parent-child association, marriage is society’s most pro-child institution.

To Gallagher, this distinction is fundamental. She wants to keep the gender of the spouses at the center of the effort to maintain a preferred family structure through public policy. Blankenhorn and his co-signers, on the other hand, are willing to ignore that issue and merely demand marriage between “spouses.”

As Gallagher writes, “That is the difference gay marriage makes in how we converse about marriage.” In decision after decision, appellate judges have failed to find that gay marriage hurts straight marriage—and I agree. But Gallagher has a point that the possibility of same-sex marriage (what I prefer to call homogamy) changes the linguistic frame of reference. If marriage is all about stability and well-being for children, then the gender of the parents doesn’t matter and Blankenhorn is right. But if it’s really about the man-woman marriage and the traditional gender dichotomy, then this change is truly cataclysmic.

The genderless marriage movement

Whether the difference between Gallagher and Blankhorn’s articulations of marriage is really a big deal is the question of the day for the family right. But it is fascinating that in Blankenhorn’s new statement there is no mention of men, women, fathers or mothers—or even love. That’s some marriage movement.

By one interpretation, Blankenhorn sold out in the face of gay marriage’s advance, waiting barely a month last summer to jump on President Obama’s delayed-embrace bandwagon. He used to oppose gay marriage, Blankenhorn wrote, because it was part of the “deinstitutionalization” of marriage, its transformation from a “structured institution with a clear public purpose” to the mere “licensing of private relationships.” He still believes all that, he says, but now he has “no stomach” for culture wars, and besides, “the time for denigrating or stigmatizing same-sex relationships is over.”

Although he futilely promises, “I am not recanting any of it,” Blankenhorn seems relieved to have abandoned the issue. He may have realized gay marriage brought what used to be called the“marriage movement” to its knees, tying up their dwindling resources in a losing battle that also cost them the support of small-government conservatives and a generation of laissez-faire young people who don’t want government to legislate people’s sex lives.

But maybe he was really ahead of the curve, recognizing the inherent conservativeness waiting to emerge from the marriage rights movement. Maybe it was gay rights politics—not conservatives—that were distracted by the marriage battle. So they fought for membership in a conservative institution instead of for the more ambitious agenda of destabilizing gender itself. Maybe, by explicitly coopting them at their moment of triumph, Blankenhorn’s apparent fallback is actually a clever strategy to revive traditionalist moralism in the public sphere.

That’s an interesting argument, and there are more positions than just these. But either way, Gallagher has a point that Blankenhorn’s “new conversation” about marriage is not just a return to the good old days of the culture wars before gay marriage became an issue. It’s throwing in the towel on the ideal of marriage as an institution for maintaining gender distinction.

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American Sociological Association releases SCOTUS brief

The American Sociological Association has released its long-awaited amicus brief on the same-sex (homogamy) marriage cases currently before the Supreme Court.

In the association’s press release, ASA President Cecilia Ridgeway is quoted as saying:

The results of our review are clear. There is no evidence that children with parents in stable same-sex or opposite-sex relationships differ in terms of well-being. Indeed, the greater stability offered by marriage for same-sex as well as opposite-sex parents may be an asset for child well-being. An issue at the heart of these cases is whether family composition, per se, affects the well-being of children and thus, provides a justification for limiting the right to marry. This core question is an empirical one and is the subject of a broad range of social science research. As a scientific body, ASA has a duty to provide the court with a systematic and balanced review of the evidence to assess what the consensus of scholarly research has shown.

The impetus for ASA action was the publication and aggressive dissemination of a paper by sociologist Mark Regnerus, with funding from right-wing foundations, that purported to show negative outcomes for children of gay and lesbian parents. The fallout included a letter denouncing the study signed by 200 researchers, an investigation into the review process by the journal, and a special issue dedicated to the controversy. (My review of the events through last August is, with links, is here; the special issue is here.)

Out of the discussion a number of sections within the association asked the ASA Council to commission a brief, a decision that was controversial among sociologistsSome people expressed reluctance to have the association offer a substantive conclusion about ongoing research, or to cast judgment on peer-reviewed work. There is a normal amount of anxiety over whether the association should take public positions perceived as political.

My opinion is that the brief, under the research direction of Wendy Manning, a top-notch researcher with a non-ideologue reputation, strikes the right balance and should allay most sociologists’ concerns. Of course it is argumentative in a way that the most peer-reviewed work is not – and doesn’t go out of its way to represent its opponents’ views. But the strong conclusion is well-justified: on the issue of same-sex parenting and children’s well-being, we have the closest thing to a (social) scientific consensus we could hope for:

When the social science evidence is exhaustively examined—which the ASA has done—the facts demonstrate that children fare just as well when raised by same-sex parents … Unsubstantiated fears regarding same-sex child rearing do not overcome these facts and do not justify upholding DOMA and Proposition 8.

And it correctly points out the biggest problems with the Regnerus study, its wrongheaded setup and comparisons, and its misleading interpretations.

In short, I highly recommend the brief as an excellent piece of scientific writing, and a model for argument from evidence. And I like to see statements that include the phrase, “As a scientific body, ASA has a duty to…”

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Pediatrics essay on child wellbeing in the homogamy debate

The medical journal Pediatrics has a nice, short essay on the child wellbeing argument over homogamous (same-sex) marriage.

The authors, Jeremy R. Garrett and John D. Lantos, write:

Our primary goal in this article has been to provoke or reinforce skepticism about the conceptual, empirical, and normative adequacy of opposition to same-sex marriage on the basis of claims that such marriages are detrimental to the well-being of children.

And they suggest three principles for the state’s role in family structure regulation or support. In my paraphrase:

  1. Provide necessary support to ensure parents have the resources they need to raise children.
  2. For family living arrangements, set a minimum threshold rather than a maximal ideal, because family structure categories are not reasonable or effective means of identifying good or bad situations for children.
  3. After setting a low bar for family structure, be vigilant in protecting or supporting children if things are not working out.

Just as we don’t (or rather shouldn’t) punish criminals based on the social category they belong to but rather by the nature of their crime and individual qualities, so we shouldn’t legislate family categories but rather child wellbeing itself.

As we approach the Supreme Court decisions on homogamous marriage rights, this essay might be a good resource for the child wellbeing aspect of the debate.

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The best they’ve got for DOMA?

The big news last week was the Obama administration’s historic throwing under the bus of the Defense of Marriage Act (DOMA).

The President already had made clear where his heart lies on homogamous marriage rights, and the administration already was undermining the law, which prohibits the federal government from recognizing homogamy as practiced in the states. But the brief they handed the Supreme Court last week in the DOMA case U.S. v. Windsor still broke ground in arguing that laws infringing on the rights of gays and lesbians should be scrutinized as if those groups constitute a minority to be protected — in other words, that the government needs a very good reason to discriminate against them — and that DOMA could not withstand such scrutiny.

But in my catching up on the case, what floored me was the brief by the Bipartisan Legal Advisory Group of the House of Representatives, who are left with the sorry job of defending DOMA sans assistance from Obama. We have known for a while that the intellectual bullpen is getting a little thin on the anti-homogamy side, epitomized by the tossing-out of David Blankenhorn’s claim to expert status in the anti-gay marriage California Proposition 8 case. But I didn’t realize they had slipped this far.

This is the argument that got me: the government has to support straight (heterogamous) marriage — and straight marriage only — because that is the only way to ensure that straight people’s tendency to carelessly produce children doesn’t result in lots of children living on welfare (or worse).

If homogamy becomes legal, who will care for the orphans?

If homogamy becomes legal, who will care for the orphans?

Here is an excerpt:

The link between procreation and marriage itself reflects a unique social difficulty with opposite-sex couples that is not present with same-sex couples — namely, the undeniable and distinct tendency of opposite-sex relationships to produce unplanned and unintended pregnancies. Government from time immemorial has had an interest in having such unintended and unplanned offspring raised in a stable structure that improves their chances of success in life and avoids having them become a burden on society. … Particularly in an earlier era when employment opportunities for women were at best limited, the prospect that unintended children produced by opposite-sex relationships and raised out-of-wedlock would pose a burden on society was a substantial government concern. Thus, the core purpose and defining characteristic of the institution of marriage always has been the creation of a social structure to deal with the inherently procreative nature of the male-female relationship. Specifically, the institution of marriage represents society’s and government’s attempt to encourage current and potential mothers and fathers to establish and maintain close, interdependent, and permanent relationships, for the sake of their children, as well as society at large. It is no exaggeration to say that the institution of marriage was a direct response to the unique tendency of opposite-sex relationships to produce unplanned and unintended offspring.

Although much has changed over the years, the biological fact that opposite-sex relationships have a unique tendency to produce unplanned and unintended offspring has not. While medical advances, and the amendment of adoption laws through the democratic process, have made it possible for same-sex couples to raise children, substantial advance planning is required. Only opposite-sex relationships have the tendency to produce children without such advance planning (indeed, especially without advance planning). Thus, the traditional definition of marriage remains society’s rational response to this unique tendency of opposite-sex relationships. And in light of that understanding of marriage, it is perfectly rational not to define as marriage, or extend the benefits of marriage to, other relationships that, whatever their other similarities, simply do not have the same tendency to produce unplanned and potentially unwanted children.

Is this really where we are, in legal history? Are they really still arguing that in the face of fathers abandoning their bastard children, the state’s response is to shore up marriage? Have they not noticed the millions of children born to straight parents who aren’t married, the decades-long demonization of “deadbeat dads,” the IVF, gay/lesbian couples, adoptions, and countless other family innovations in the last half century?

I’m open to suggestions for why this is anything but laughable as a legal argument against gay and lesbian marriage rights. I suppose you could use this argument against the rights of unmarried people to have children, but why, then, I wonder, did the government go to all that trouble to prevent unmarried people from acquiring birth control? Do they realize that implementing their vision also requires prosecuting adulterers and repealing no-fault divorce?

I expect anti-homogamy arguments to be hateful, or at least mean-spirited. And I recognize that this passage is just one part of a lengthy legal argument that I couldn’t stomach reading further. But this just reinforces my previous conclusion that there’s nothing left to argue over rationally.

Asides

…to my fellow college teachers: How many papers have you graded with unsourced phrases such as, “Government from time immemorial…”, and, “the institution of marriage always has been…” I wouldn’t automatically give such a paper a ‘C’ or worse, but it’s an uphill climb out of failing-grade range from that passage forward. (For real histories of marriage — which belie such ridiculous historical claims about the olden days — I recommend Marriage: A History, by Stephanie Coontz; and Public Vows: A History of Marriage and the Nation, by Nancy Cott.)

…to people who write for law reviews: I’ve been working on the edits of my forthcoming article in the Boston University Law Review, which I had the privilege of writing after presenting at their law school’s conference on The End of Men. I’m super impressed by the detailed editing the piece is getting — for example, they seem to be physically checking books out of the library to verify — and back up — my references. I can’t imagine they would have tolerated such slipshod writing as what the BLAG has produced here.

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