Tag Archives: marriage

Most people marrying over age 35 have been married before

Among people who got married in the past year, more than half of those ages 35-44 had been married before. For those ages 45 and older, only 21% are marrying for the first time — and almost 30% have been married twice (or more).

timesmarriedmarrying

Source: My analysis of ACS data from IPUMS.org.

 

2 Comments

Filed under Uncategorized

Does gay marriage make straight men hate children?

A few comments on a recent brief against marriage equality in Utah. But first some background.

As public opinion has shifted so dramatically on same-sex marriage, there has been some consternation about the ill treatment of those left behind — those opposed to marriage equality — as if they were nothing but common racists, whose hateful motivations may be divined from their policy conclusions rather than from knowing the love in their hearts.

Barry Deutsch has written a great response to this, pointing out that the sophisticated racists during the debate over interracial marriage made the same claim that the anti-marriage equality people make today. They were not motivated by hatred, they were not racist, they merely opposed a new, untested form of marriage that happens to go against tradition and the natural order, and would probably harm children. Especially the children.

Oh, no. Gay marriage is coming. Should I catch her? Photo by Mike Baird from the Flickr Creative Commons

Oh, no. Gay marriage is coming. Do I catch her? Photo by Mike Baird from the Flickr Creative Commons

Run, hide, double down

The smart conservative money in the last year or two has moved away from all this. Among those public intellectuals who labored to block their gay and lesbian fellow citizens from crossing the threshold of matrimony (under the terms of their choosing, at least), there are three approaches.

  • The most openly forward-looking, such as David Blankenhorn, publicly reversed course and threw in the towel. Blankenhorn’s Institute for American Values has shifted to the movement against gambling (joining a sadly low-rent effort that unites Blankenhorn with the likes of Barrett Duke, a veteran of the crusade against the “homosexual special rights agenda“).
  • The more duplicitous, such as Brad Wilcox, simply avoid discussing the issue in public. Hard to believe these folks have no opinions on the subject, considering Wilcox’s efforts to generate research in opposition to marriage equality. But his new Institute for Family Studies (IFS) seems not to have mentioned this issue — even though its nominal president, Richard Brake, was (and is at press-time still listed as) National Education Director for the Intercollegiate Studies Institute, which has as its mission preventing the spread of a “relativism that rejects an objective moral order.” (The Lynde and Harry Bradley Foundation, which paid for some of the Regnerus study to prevent marriage equality, also funds ISI.)
  • Finally, a contingent of obdurate cranks continues to resist the new moral order, marriage equality included. I wrote about two of them, Mark Regnerus and Douglas Allen, who testified in Michigan’s recent losing battle. But this group also includes Alan Hawkins and Jason Carroll, two professors of Family Life at Brigham Young University.

Hawkins and Carroll

I hadn’t read, until recently, the amicus brief filed by Hawkins and Carroll in Utah’s attempt to stop (or re-stop) marriage equality, which is available here. Before I describe it, though, a quick word about these two. Hawkins has showed up here for his shoddy research in defense of (straight) marriage promotion. He and Carroll have both done paid work for the federal marriage promotion campaign. And they are both part of the Wilcox brand, Hawkins as a contributor to the IFS blog and Carroll as a co-author of his Knot Yet report.

At BYU, Hawkins has expressed concern about how modernity might affect the ability of Family Life graduates to get jobs:

“A very real risk is that there will possibly be formal litmus tests in graduate programs out there,” Hawkins said. “We’re already seeing informal ones in some graduate programs. It’s not just saying, ‘I’m willing to work with same-sex couples and families.’ It’s more than work, it’s that students’ beliefs and attitudes will have to align with the new, contemporary definition of marriage.”

In other words, in the new relativist moral order, it may be difficult to get a job or spot in graduate school in say, family therapy, if you believe your legally married gay or lesbian clients don’t have a right to get married on their way to spirit prison, or worse. To some of us, I suspect this is pretty close to the definition of progress.

Anyway, in the Utah case, the state recently dumped Regnerus’s argument that same-sex marriage directly harms children, in favor of the argument that same-sex marriage hurts straight marriage. (I played around with this empirically a little when Utah first appealed the federal court’s decision to overturn their marriage ban.) Hawkins and Carroll attempt to make this case theoretically.

They pretty much sum it up in the table contents, which directs the reader to page 18 if they want to read this:

Traditional, gendered marriage is the most important way heterosexual men create their masculine identities. Marriage forms and channels that masculinity into the service of their children and society. Redefining marriage to include same-sex couples would eliminate gender as a crucial element of marriage and thus undermine marriage’s power to shape and guide masculinity for those beneficial ends.

The details involve a lot of untestable assertions about how (straight) marriage shapes men’s masculinity, followed by what read as not only untestable but frankly paranoid assertions about how this would all change if marriage were to lose its gendered character. Because, all the bad things that are already happening to marriage will only be amplified by letting more gay people get married:

Many of the historical supports that have traditionally preserved men’s involvement in their children’s lives have been eroding for contemporary families. Historically high rates of non-marital cohabitation, out-of-wedlock childbirth, and marital divorce have dramatically altered the landscape of fathering, leaving unprecedented numbers of children growing up with uncertain or nonexistent relationships with their fathers. …any signal that men’s contributions are not central to children’s well-being threatens to further decrease the likelihood that they will channel their masculine identities into responsible fathering. We believe the official de-gendering of marriage sends just such a signal.

Yes, the very existence of gay marriage will encourage the evolutionary tendency of (straight) men to neglect their children. They go on to concede that such an indirect effect would be hard to detect. But that doesn’t make it any less important:

To be sure, these risks associated with same-sex marriage may be difficult to disentangle from negative effects from other strong social changes. After all, we believe a de-gendered understanding of marriage is an additional force in a larger trend that is uncoupling sexuality, marriage, and parenthood and making men’s connections to children weaker. Thus, it may be difficult to separate statistically the potential effects of de-gendering marriage from the effects stemming from powerful forces to which it is related, such as the sexual revolution, the divorce revolution, and the single-parenting revolution. That these effects are intertwined with the effects of other powerful forces, however, does not diminish their importance or the harms they can impose on marriage.

Of course, the same could be said of all the negative effects of the sexual revolution, divorce revolution, and single-parenting revolution — which are just a little too difficult to detect, what with all the increase in women’s status and independence, decrease in crime and family violence, increased educational attainment (for men and women), rising life expectancy and plummeting teen birth rates that have accompanied these catastrophic family changes.

If anyone really believes this stuff, it is still hard to believe that they believe the courts will go for it in the post-Windsor era.

17 Comments

Filed under Politics

How many WWII war brides are still living?

Maybe a couple thousand.

European war brides arriving in New York, 1945

European war brides arriving in New York, 1945

Someone should do some new interviews with the World War II “war brides,” because there aren’t very many still living.

I count 1,195 still married and living with their husbands. That means there might be something like 2,000 living if you count widows and those who have remarried. We don’t know exactly how many there were, but various sources put the number at 60,000 or more.

Here’s how I got that current number, using the American Community Survey three-year file, 2010-2012. It’s all the couples who met the following conditions:

  • Married, spouse-present
  • She was born outside the U.S.
  • He was born in the U.S.
  • He is a WWII-era veteran
  • They were married in the years 1941-1945
  • She immigrated in or after the year of their marriage

It’s a pretty simple set of rules.

Some caveats: This doesn’t include any widows or widowers, just those still married (otherwise the ACS doesn’t have any spouse information). I didn’t set a requirement that she be born in a place where American soldiers were during the war (I don’t know all the places they were). I don’t know that all of the WWII-era veterans served outside the U.S. So some of these might not be real war brides, in the sense of women who met and married American military men outside the U.S. during a war.

Still, I think the formula works well. These are the women it turned up:

  • 84% immigrated in 1945 or 1946
  • The age range is 82-94, with a median of 85
  • About two-thirds were under age 20 when they married
  • 61% from the United Kingdom (mostly England)
  • 11% from elsewhere in Western Europe (France, Belgium, Italy)
  • 7% from Eastern Europe (Czechoslovakia, Yugoslavia)
  • The remaining 20% from Canada, Australia/New Zealand, Israel/Palestine, Japan, other)

If you follow my suggestion of finding and interviewing these women or their husbands, here are some other sources you might use:

 

Leave a comment

Filed under Uncategorized

Response from Supporting Healthy Marriage supporters, with responses

In response to yesterday’s post, “This ‘Supporting Healthy Marriage,’ I do not think it means what you think it means,” Phil and Carolyn Cowan posted a comment, which I thought I should elevate to a new post.

Photo by Ben Francis from Flickr Creative Commons

Photo by Ben Francis from Flickr Creative Commons

Here is their comment, in full, with my responses.

Since the issue here is one of perspective in reporting, we (Phil Cowan and Carolyn Cowan) need to say that we were two of a group of academic consultants to the Supporting Healthy Marriage Project.

Thank you for acknowledging that. I noticed that Alan Hawkins, in his comment on the new study for Brad Wilcox’s blog, says he has “published widely on the effectiveness of marriage and relationship education programs,” but doesn’t say who paid for that voluminous research (with its oddly consistent positive findings). More about his Hawkins below.

Social scientists who want to inform the public about the results of an important study should actually inform the public about the results, not just give examples that support the author’s point of view.

Naturally, which is why I publicized the study, provided a link to it in full, and provided the examples quoted below.

It’s true as you report that there were no differences in the divorce rate between group participants and controls (we can debate whether affecting the divorce rate would be a good outcome), and that… [quoting from the original post]

“…there were no differences in the divorce rate between group participants and controls and “there were small but sustained improvements in subjectively-measured psychological indicators. How small? For relationship quality, the effect of the program was .13 standard deviations, equivalent to moving 15% of the couples one point on a 7-point scale from “completely unhappy” to “completely happy.” So that’s something. Further, after 30 months, 43% of the program couples thought their marriage was “in trouble” (according to either partner) compared with 47% of the control group. That was an effect size of .09 standard deviations. So that’s something, too. Many other indicators showed no effect. However, I discount even these small effects since it seems plausible that program participants just learned to say better things about their marriages. Without something beyond a purely subjective report — for example, domestic violence reports or kids’ test scores — I wouldn’t be convinced even if these results weren’t so weak.”

1. A slight uptick in marital satisfaction. The program moved 15% of the couples up one point. But more than 50 studies show that without intervention, marital quality, on the average goes down. And, it isn’t simply that 15% of the couples moved up one point. Since this is the mean result, some moved less (or down) but some moved up. Some also moved up from the lower point to relationship tolerability.

It is interesting that, with so many studies showing that marital quality goes down without intervention, this is not one of them. That is important because of what it implies about the sample. Quoting from the report now (p. 32):

At study entry, a fairly high percentage (66 percent) of both program and control group couples said that they had recently thought their marriage was in trouble. This percentage dropped across both research groups over time. This finding is contrary to much of the literature in the area, which generally suggests that marital distress tends to increase and that marital quality tends to decline over time. The decline in marital distress was initially steeper for program group members, and the difference between the program and control groups was sustained over time. This suggests that couples may have entered the program at low points in their relationships.

Back to the Cowans:

While the effects were small (but statistically reliable), they were hardly trivial. For instance, two years after the program, about 42% of SHM couples reported that their marriage had been in trouble recently compared to about 47% of control-group couples. That 5% difference means nearly 150 more SHM couples than control-group couples felt that their marriage was solid.

There are several problems here.

First, this paragraph appears verbatim in Hawkins’ post as well. I’m not going to speculate about how the same paragraph ended up in two places — there are some obvious possibilities — but clearly someone has not communicated the origin of this passage.

Second, this is not the right way to use “for instance.” This “for instance” refers to the only outcome of any substantial size in the entire study. It is not an “instance” of some larger pool of non-trivial results, it is the outlier. (And “solid” is not the same as not saying the marriage is “in trouble.”)

Anyway, third, this phrase is just wrong: “small (but statistically reliable)… hardly trivial.” For most of the positive outcomes they were exactly so small as to be trivial, and exactly not statistically reliable. Quoting from the report again, on coparenting and parenting (p. 39):

Table 9 shows that, of the 10 outcomes examined, only three impacts are statistically significant. The magnitudes of these impact estimates are also very small, with the largest one having an effect size of 0.07. These findings did not remain statistically significant after additional statistical tests were conducted to adjust for the number of outcomes examined. In essence, the findings suggest that there is a greater than 10 percent chance that this pattern of findings could have occurred if SHM had no effect on coparenting and parenting.

And quoting from the report again, on child outcomes (p. 41):

Table 10 shows that the SHM program had statistically significant impacts on two out of four child outcomes, but the impacts are extremely small. SHM improved children’s self-regulatory skills by 0.03 standard deviation, and it reduced children’s externalizing behavior problems by 0.04 standard deviation. … The evidence of impacts on child outcomes is further weakened by the results of subsequent analyses that were conducted to adjust for the number of outcomes examined. These findings suggest that there is a greater than 10 percent chance that this pattern could have occurred if SHM had no effect on child outcomes.

In other words, trivial effects, and not statistically reliable.

2. You say that “Without something beyond a purely subjective report…I wouldn’t be convinced even if these results weren’t so weak.” You were content to focus on two self-report measures. At the 18 month follow-up, program group members reported higher levels of marital happiness, lower levels of marital distress, greater warmth and support, more positive communication skills, and fewer negative behaviors and emotions in their interactions with their spouses, relative to control group members. They also reported less psychological abuse (though not less physical abuse). These effects continued at the 36 month follow-up [should be 30-month -pnc]. Observations of couple interaction (done only at 18 months) indicated that the program couples, on average, showed more positive communication skills and less anger and hostility than the control group. Because the quality of these interactions of the partners, the effects, though small, were coded by observers blind to experimental status of the participants, meaning that not only the self-reports suggest some positive effects but observers could identify some differences between couples in the intervention and control groups that we know are important to couple and child well-being.

I am confused by this. The description of the variables for communication skills and warmth (p. 67) describes them as answers to survey questions, not observations (e.g., “We are good at working out our differences”). I’m looking pretty hard and not seeing what is described here. The word “anger” is not in the report, and the word “hostility” only occurs with regard to parents’ behavior toward children. Someone please point me to the passage that contradicts me, if there is one.

3. When all the children were considered as one group, regardless of age, there were no effects on child outcomes, but there WERE significant effects on younger children (age 2-4), compared with children 5 to 8.5 and children 8.5 to 17. The behaviors of the younger children of group participants were reported to be – and observed to be — more self- regulated, less internalizing (anxious, depressed, withdrawn), and less externalizing (aggressive, non-cooperative, hyperactive). It seems reasonable to us that a 16 week intervention for parents might not be sufficient to reduce negative behavior in older children.

On the younger children, I discounted that because the report said (p. 42): “While the findings for the youngest children are promising, there is some uncertainty because the pattern of results is not strong enough to remain statistically significant once adjustments are made to account for the number of outcomes examined.”

4. For every positive outcome we have cited, you or any critic can find another measure that shows that the intervention had no effect. That’s part of our point here. Rather than yes or no, what we have is a complicated series of findings that lead to a complicated series of decisions about how best to be helpful to families.

That’s just not an accurate description. There are many null findings for each positive finding, and the positive findings themselves are either small, trivially small, or not statistically reliable.

4. Several times you suggest that giving couples the $9,000 per family (the program costs) would do better. Do you have evidence that giving families money increases, or at least maintains, family relationship quality? Is $9,000 a lot? Compared to what? According to the Associated Press, New York city’s annual cost per jail inmate was $167,731 last year. In other words, we are already spending billions to serve families when things go wrong, and some of the small effects of the marital could be thought of as preventive – especially at earlier stages of children’s development.

At the end of your blog, you rightly suggest a study in which giving families money is pitted in a random trial against relationship interventions. That’s a good idea, but that suggests more research. Furthermore, why must we always discuss programs in terms of yes or no, good or bad? What if we gave families $9,000 AND provided help with their relationships – and tested for the effects of a combined relationship and cash assistance.

We have lots of evidence that richer couples are less likely to divorce, of course. I don’t know that giving someone $9,000 would help with relationship quality, but I’m guessing it would at least help pay the rent or pay for some daycare.

It’s important to acknowledge that we’re not talking about research. The marriage promotion program is coming out of the welfare budget, not NIH or NSF. This study is a small part of it. Hundreds of millions of dollars have been spent on this, of which the studies account for a small amount. If this boondoggle continues, and they continue to study it, then they should include the cash-control group.

5. It seems to us that as a social scientist, you would want to ask “what have we learned about helping families from this study and from other research on couple relationship education?” We would suggest that we’ve learned that the earlier Building Strong Families program for unmarried low-income families had low attendance and no positive effects. A closer reading of those reports suggest that many of the unmarried partners were not in long-term relationships and were not doing very well at the outset. Perhaps it was a long-shot to offer some of them relationship help. We’ve also learned that the Strengthening Healthy Marriage program for married low-income families had some small but lasting effects on both self-reported and observed measures of their relationship quality (we think that the researchers learned something from the earlier study). And, notably, we’ve learned that there seemed to be some benefits for younger children when their parents took advantage of relationship strengthening behaviors.

We always learn something. See my comments above for why this is a stretch. I would be happy to see, and even pay for, research on what helps poor families. We already do some of that, through scientific agencies. My objection is not to the research, but to the program that it is studying, which takes money away from things we know are good.

Here is their last word — as good a defense as any for this program.

We know from many correlational studies that when parents are involved in unresolvable high level conflict, or are cold and withdrawn from each other, parenting is likely to be less effective, and their children fare less well in their cognitive, emotional, and social development. It was not some wild government idea that improving couple relationships could have benefits for children. Evidence in many studies and meta-analyses of studies of couple relationship interventions in middle-class families, and more recently for low-income families, have also been shown to produce benefits for the couples themselves — and for their kids. This was not a government program to force marriage on poor families. The participants were already married. It was a program that offered free help because maintaining good relationships is hard for couples at any level, but low-income folks have fewer financial resources to get all kinds of help that every family needs.

We are not suggesting that strengthening family relationships alone is a magic bullet for improving the lot of poor families. But, in our experience over the past many years, it gives the parents some tools for building more productive couple and parent-child relationships, which gives both the parents and their children more confidence and hope.

What we need to learn is how to do family relationship strengthening more effectively, and how to combine that activity with other approaches, now being tried in isolated silos of government, foundations, and private agencies, in order to make life better for parents and their kids.
In our view, trumpeting the failure of Supporting Healthy Marriage by focusing on a few of the negative findings doesn’t help move us toward that goal.

6 Comments

Filed under Research reports

This ‘Supporting Healthy Marriage,’ I do not think it means what you think it means

New results are in from the unrelenting efforts to redirect welfare spending to marriage promotion. By my unsophisticated calculations we’re more than $1 billion into this program, without a single, proven healthy marriage yet to show for it.

The latest report is a study of the Supporting Healthy Marriage program, in which half of 6,298 couples were offered an extensive relationship support and education program. Short version: Fail.

Photo by Marlin Keesley from Flickr Creative Commons

Photo by Marlin Keesley from Flickr Creative Commons

Supporting Healthy Marriage is a federal program called “the first large-scale, multisite, multiyear, rigorous test of marriage education programs for low-income married couples.” The program evaluation used eight locations, with married, low- or modest-income parents (or expectant couples) offered a year-long program. Those in the program group had a four- to five-month series of workshops, followed by educational and social events to reinforce the curriculum.

Longer than most marriage education services and based on structured curricula shown to be effective with middle-income couples, the workshops were designed to help couples enhance the quality of their relationships by teaching strategies for managing conflict, communicating effectively, increasing supportive behaviors, and building closeness and friendship. Workshops also wove in strategies for managing stressful circumstances commonly faced by lower-income families (such as job loss, financial stress, or housing instability), and they encouraged couples to build positive support networks in their communities.

This was a good program, with a good quality evaluation. To avoid selection biases, for example, the study included those who did not participate despite being offered the program. But participation rates were good:

According to program information data, on average, 83% of program group couples attended at least one workshop; 66% attended at least one supplemental activity; and 88% attended at least one meeting with their family support workers. Overall, program group couples participated in an average of 27 hours of services across the three components, including an average of 17 hours of curricula, nearly 6 hours of supplemental activities, and 4 hours of in-person family support meetings.

The couples had been together an average of 6 years; 82% had incomes below twice the poverty level. More than half thought their marriage was in trouble when they started.

But the treatment and control groups followed the exact same trajectory. At 12 months, 90% of both groups were still married or in a committed relationship, after 30 months it was 81.5% for both groups.

HMEval

The study team also broke down the very diverse population, but could not find a race/ethnic or income group that showed noteworthy different results. A complete failure.

But wait. There were some “small but sustained” improvements in subjectively-measured psychological indicators. How small? For relationship quality, the effect of the program was .13 standard deviations, equivalent to moving 15% of the couples one point on a 7-point scale from “completely unhappy” to “completely happy.” So that’s something. Further, after 30 months, 43% of the program couples thought their marriage was “in trouble” (according to either partner) compared with 47% of the control group. That was an effect size of .09 standard deviations. So that’s something, too. Many other indicators showed no effect.

However, I discount even these small effects since it seems plausible that program participants just learned to say better things about their marriages. Without something beyond a purely subjective report — for example, domestic violence reports or kids’ test scores — I wouldn’t be convinced even if these results weren’t so weak.

What did this cost? Round numbers: $9,100 per couple, not including evaluation or start-up costs. That would be $29 million for half the 6,298 couples. The program staff and evaluators should have thanked the poor families that involuntarily gave up that money from the welfare budget in the service of the marriage-promotion agenda. We know that cash would have come in handy – so thanks, welfare!

The mild-mannered researchers, realizing (one can only hope) that their work on this boondoggle is coming to an end, conclude:

It is worthwhile considering whether this amount of money could be spent in ways that bring about more substantial effects on families and children.

For example, giving the poor couples $9,000.

Trail of program evaluation tears

We have seen results this bad before. The Building Strong Families (BSF) program, also thoroughly evaluated, was a complete bust as well:

Some of the people trying to bolster these programs — researchers, it must be said, who are supported by the programs — have produced almost comically bad research, such as this disaster of an analysis I reported on earlier.

Now it’s time to prepare ourselves for the rebuttals of the marriage promoters, who are by now quite used to responding to this kind of news.

  • We shouldn’t expect government programs to work. Just look at Head Start. Of course, lots of programs fail. And, specifically, some large studies have failed to show that kids whose parents were offered Head Start programs do better than those whose parents were not. But Head Start is offering a service to parents who want it, that most of them would buy on their own if it were not offered. Head Start might fail at lifting children out of poverty while succeeding at providing a valuable, need-based service to low-income families.
  • Rich people get marriage counseling, so why shouldn’t poor people? As you can imagine, I am all for giving poor people all the free goods and services they can carry. Just make it totally voluntary, don’t do it to change their behavior to fit your moral standards, and don’t pay for it by taking cash out of the pockets of single-parent families. I really am all in favor of marriage counseling for people who want it, but this is not the policy platform to get that done.
  • These small subjectively-measured benefits are actually very important, and were really the point anyway. No, the point was to promote marriage, from the welfare law itself (described here) to the Healthy Marriage Initiative. If the point was to make poor people happier Congress never would have gone for it.
  • We have to keep trying. We need more programs and more research. If you want to promote marriage, here’s a research plan: have a third group in the study — in addition to the program and control group — who get cash equivalent to the cost of the service. See how well the cash group does, because that’s the outcome you need to surpass to prove this policy a success.

Everyone loves marriage these days. But a lot of people like to think of promoting marriage as a way to reduce poverty, and with that they believe poor people are that way because they’re not married. That’s mostly backwards.

11 Comments

Filed under In the news, Research reports

Michigan same-sex marriage case, entirely unbelievable edition

Sociologists breathed a sigh of relief when U.S. district court judge Bernard Friedman, who was appointed by Ronald Reagan in 1988, ruled that Michigan’s voter-approved ban on same-sex marriage is unconstitutional (here is the decision). What I wish we’d call homogamous marriage commenced a few hours later.

We’re relieved because the social science consensus was put on trial in the case, as the judge allowed researchers to debate whether gay and lesbian parents are bad for kids, to see if any rational basis could be found for a state law that clearly harms gay and lesbian couples. He concluded there was no such basis.

I discussed the case and its anti-equality experts here (Mark Regnerus) and here (Douglas Allen), and the whole history is hashed out on the Regnerus tag. And Judge Friedman seems to have agreed. He concluded of Regnerus, “The Court finds Regnerus’s testimony entirely unbelievable and not worthy of serious consideration.” And of the anti-equality experts in general:

The Court was unable to accord the testimony of [Loren] Marks, [Joseph] Price, and Allen any significant weight. … They, along with Regnerus, clearly represent a fringe viewpoint that is rejected by the vast majority of their colleagues across a variety of social science fields.

Like the brutal dismissal of non-expert David Blankenhorn in a similar case in California, Friedman’s assessment was simple and fair. In Blankenhorn’s case, he simply wasn’t an expert at all. In the Michigan case, team no-rights simply had no convincing evidence to support their claims. His detailed description of their failure is worth reading.

In this trial, and in the several years we’ve been hashing this out, the good experts have not received nearly as much attention as the charlatans, which is too bad because there were really good. In his summary of the evidence, Judge Friedman offered these evaluations:

David Brodzinsky: “The Court finds Brodzinsky’s testimony to be fully credible and gives it considerable weight.”

Michael Rosenfeld: “The Court finds Rosenfeld’s testimony to be highly credible and gives it great weight.”

Vivek Sankaran: “The Court finds Sankaran’s testimony to be fully credible and gives it great weight.”

Gary Gates: “whom the Court also found to be a highly credible witness.”

Nancy Cott: “The Court finds Cott to be highly credible and accords her testimony great weight”

Loving it

The bad-for-children argument is bad science, bad politics, bad morals, and bad law.

This is not some politically-correct cover-up. I would have been perfectly willing to report results — if I had them — showing that children being raised by gay and lesbian couples had more trouble than those raised by heterogamous couples. Why not? They’re a subordinate group, experiencing all manner of discrimination (much of it completely legal), and for most of history they haven’t even been allowed to marry. Judge Friedman wrote (with reference to Rosenfeld’s study):

Taking the state defendants’ position to its logical conclusion, the empirical evidence at hand should require that only rich, educated, suburban-dwelling, married Asians may marry, to the exclusion of all other heterosexual couples.

In other words, some of my favorite social groups have children who share in their subordinate social status and marginalization. With regard to their right to marry, so what? To make this a rational reason for a state ban, you would have to show not only that it was some inherent quality of their gender that harmed the children, and that the harm was greater than the many other risks we subject children of parents to, but also that allowing same-sex couples to marry would somehow make this worse. Friedman concluded,

There is, in short, no logical connection between banning same-sex marriage and providing children with an ‘optimal environment’ or achieving ‘optimal outcomes.’

Anyway, the legal question we’re heading for here, really, is the legal power of individual states to ban same-sex marriage. That was what the Supreme Court’s Windsor decision (which I wrote about here) didn’t decide. But in that decision, Justice Kennedy signaled SCOTUS’s willingness to take that on, writing that the “states’ interest in defining and regulating the marital relation [is] subject to constitutional guarantees,” a passage Friedman quoted, adding, “These statements are not merely surplusage.”

Not mere surplusage because Kennedy made the remark in the context of the Loving v. Virginia case that overturned mixed-race marriage bans. Like today’s cases moving toward the Supreme Court, Loving eventually came down to whether states had the power to impose unconstitutional limits on marriage. And the defenders of those racist laws used the same last-ditch arguments that Regnerus used this time. The science is unsettled, they said. Here is an excerpt from the state of Virginia’s appeal to SCOTUS*:

If this Court (erroneously, we contend) should undertake such an inquiry [into evidence of a scientific nature tending to support or undermine a legislative determination of the wisdom or desirability (of Virginia’s interracial marriage ban)], it would quickly find itself mired in a veritable Serbonian bog of conflicting scientific opinion upon the effects of interracial marriage, and the desirability of preventing such alliances, from the physical, biological, genetic, anthropological, cultural, psychological and sociological point of view. The available scientific materials are sufficient to support the validity of the challenged Virginia statutes whether the constitutional standard be deemed to require appellants to demonstrate that those statutes are arbitrary, capricious and unreasonable or to require the State to show a compelling interest in the continuation of its policy prohibiting interracial marriages. In such a situation it is the exclusive province of the Legislature of each State to make the determination for its citizens as to the desirability of a policy of permitting or preventing such alliances-a province which the judiciary may not constitutionally invade.

Virginia then cited the science of the day:

The statistical evidence incorporated in this study makes it clear that the ‘odds’ do not favor intermarriages, in that almost two to four times as many intermarriages as intramarriages end in divorce, separation or annulment. This is a highly significant fact. It is objective and utterly free from emotion-inducing factors. It ought, therefore, to be considered and weighed most carefully.

And then they quoted a study: “In the absence of any uniform rule as to consequences of race crosses, it is well to discourage it.” That is Regnerus almost verbatim.

Friedman concluded:

Taken together, both the Windsor and Loving decisions stand for the proposition that, without some overriding legitimate interest, the state cannot use its domestic relations authority to legislate families out of existence. Having failed to establish such an interest in the context of same-sex marriage, the MMA cannot stand.

And with that he teed up the case for the Supreme Court.

Tip it

And with that we can update the tipping point chart (last updated here). Please note this figure has its imitators, but no one else calculates the percentages using the state and national populations for each year!

tippingpoint

Give it till the end of the year to get back on the curve-breaking track.

* Richard Perry LOVING, Et Ux., Appellants, v. VIRGINIA, Appellee., 1967 WL 93641 (U.S.), 49

15 Comments

Filed under In the news

The blogger will be heard, Michigan trial edition

I’ve written a few posts about the Federal trial over Michigan’s same-sex marriage ban (a post-trial interview, a rant about economist Douglas Allen, and an early report on Mark Regnerus’s testimony). Now we have the first release of transcripts, available here. There may be more to say about them after I’ve read more, but just for the record, here’s the part where they discussed this blog.

regnerus pencil sketch

This is from the cross examination of sociologist Mark Regenerus by Leslie Cooper, an ACLU attorney. After confirming from Regnerus that it is impossible to do the kind of study he says would be necessary to give the evidence he claims to want before deciding whether same-sex parenting is bad for children, she turns to a general discrediting of Regnerus. One piece of that involved reading Paul Amato’s statement, published on this blog here, provoked by my post expressing disapproval over his apparent decision to serve as a peer reviewer for Regnerus’s Social Science Research paper. In this passage, Regnerus squirms and stalls, and his lawyer objects, hoping never to get to the part where Amato criticizes Regnerus’s politicization of his research.

I have corrected a few typos. The Q’s are Cooper and the A’s are Regnerus; The Court is played by U.S. District Judge Bernard A. Friedman (a 1988 Reagan appointee); Kristin Heyse interjects for the defense (Michigan); I play the part of “the blogger”:

Q Now, are you familiar with a sociologist named Paul Amato?

A Yes.

Q He’s a professor of sociology at Penn State?

A Yes.

Q And you consider Paul Amato to be a well-regarded scholar in family structure studies?

A I do.

Q You consider him to be a level and level-headed scholar?

A Generally speaking.

Q And you consider him to be a scholar who’s right down the middle politically neither liberal, nor conservative?

A He had struck me at one point. I have no idea if that is entirely accurate, but he strikes me as a moderate.

Q And, in fact, you asked Paul Amato to be one of the consultants on your study.

A I did.

Q And he agreed?

A He did.

Q So he served as a consultant?

A Yes.

MS. COOPER: I like to mark a document as an exhibit for identification. It’s Exhibit 54.

MS. HEYSE: Your Honor, I would just ask that we be provided a copy. We have not seen it.

THE COURT: I think counsel has a bunch of copies.

MS. HEYSE: If we could have a few minutes to review?

THE COURT: Sure. Show it to the witness so he can review it also.

MS. HEYSE: Your Honor, I would just note for the record that we did agree to exchange exhibits in advance of the trial and this was not provided to us.

THE COURT: Why was it not provided?

MS. COOPER: This is being used for identification to ask questions, and it was an exhibit that was used at the deposition, they have it.

THE COURT: Do you intend to introduce it?

MS. COOPER: No.

THE COURT: Okay.

MS. HEYSE: Oh, I’m sorry.

THE COURT: It’s only for purposes of use, but not for –

MS. COOPER: Not to admit.

THE COURT: Okay.

BY MS. COOPER:

Q So, Dr. Regnerus, this is a statement Paul Amato wrote about your NFSS Study; is that right?

A The source is a blog. I’m not sure what all of it is verbatim, Paul Amato’s words, and what is –

Q Well, I’ll direct your attention. Thank you for clarifying.

A This is not Paul Amato’s blog.

Q Understood. If you’ll read with me. It says here –

THE COURT: Tell him where you’re reading.

MS. COOPER: I just want to find the right passage.

BY MS. COOPER:

Q If you look at the second paragraph from the top.

A First page?

Q Yes. Second sentence, “I regret that before writing that post” –

A Who wrote that?

Q I’ll clarify. The first three paragraphs in Italics are statements from somebody who wrote the blog, not attributable to Paul Amato.

MS. HEYSE: I’m going to object, your Honor, to the extent this is hearsay.

THE COURT: I’m not sure where she’s going at. The first three were not written by –

MS. COOPER: I’m trying to direct Professor Regnerus to the statement that this blogger says, “There is a statement sent to me by Paul Amato which I agreed to post” and then he posts the statement below.

A And who is he?

THE COURT: Who is the blogger, is that your question?

THE WITNESS: Yes.

MS. COOPER: The blogger’s name is Phil Cohen, I believe. This is something we looked at [in] your deposition.

BY MS. COOPER:

Q Do you not recall identifying it?

A I do, yeah. I just don’t know — I can’t identify on this who wrote this top part.

Q Okay. But the part I want to flag your attention to is in the second paragraph it says — this is not Paul Amato, this is the blogger, “I regret that before” –

MS. HEYSE: Your Honor, I’m going to object to the extent of reading something into the record –

THE COURT: Sustained. The blogger said something and now what’s your question?

MS. COOPER: I don’t really care what the blogger said, I just wanted to direct Professor Regnerus to the statement from Paul Amato that is posted here.

THE COURT: Good.

BY MS. COOPER:

Q That begins, “Thoughts on the Mark Regnerus 2012 Study by Paul Amato.” Do you see that heading in bold?

A Yes.

Q So that’s the beginning of the statement. So I’d like you to turn to page 3 of this statement.

A Are there’s 12 pages to this? I’m only seeing four.

Q This is the first four. I didn’t print the comments to the blog because — I think, in fact, that may have been something that counsel for defendants did not want to include in the exhibit. But either way I did not consider that.

THE COURT: The exhibit is just to ask him questions.

MS. COOPER: It’s just to feature the statement.

BY MS. COOPER:

Q So if you can go to page 3 with me.

A Okay. If you would look at the second paragraph from the bottom, okay, beginning with the second sentence, and read along with me, “Many” –

MS. HEYSE: Your Honor, it’s hearsay and she can’t read it into the record.

MS. COOPER: It’s not for the truth. I want to ask him if he agrees with statements made by one of his own consultants about his study.

THE COURT: For that purpose, you may.

BY MS. COOPER:

Q “Many conservative observers have cited the Regnerus study as if it provided evidence that being raised by gay or lesbian parents is harmful to children. This claim is disingenuous because the study found no such thing. A noteworthy example came from Regnerus himself who signed an amicus brief to the Supreme Court citing his study as evidence against same sex marriage. This is curious because on page 766 in his 2012 article, Regnerus stated that his study was not intended to either affirm or undermine the legal right to same sex marriage. And on page 768 of his response to the commentaries in the same issue, he stated that his data should not be used to press any political program. Given these cautious early statements it is exasperating to see Regnerus later cite his own study as evidence against same sex marriage.”

So, first question about this: Is Professor Amato who is a consultant on your study correct to say that it is disingenuous to claim that the NFSS Study provides evidence that being raised by gay or lesbian parents is harmful to children?

A The question hinges around sort of what does it mean to be raised by, right? And I think we mentioned this a little bit yesterday and it says gay or lesbian parents. My mistake and acronyms notwithstanding I talk about parents who have same sex relationship with no assumptions about their orientation. So when he talks about “being raised by” which implies some degree of time I assume and household presence I assume. But then he goes and uses gay or lesbian as an adjective which I don’t think — I mean, I don’t have data on the orientation, it’s harmful to children. I think the jury is out on this, figuratively speaking. What we need is — the absence raises significant questions about children who grow up in families where a parent has a same sex relationship. What it doesn’t answer his question about orientation, and it didn’t come designed to answer political questions. It came designed to address an intellectual question.

Q Okay. So he is correct in your view that — sorry. He is correct that you said the study was not intended to either affirm or undermine the legal rights of same sex marriage?

A That’s what I wrote in the original study, yes.

Thanks to Straight Grandmother for making this available. The full document is here.

2 Comments

Filed under Uncategorized