Tag Archives: Court

How would redefining marriage affect your marriage?

An interesting article by Ryan T. Anderson appeared on Ricochet.

First, a bit about the author.

Ryan T. Anderson researches and writes about justice and moral principles in economic thought, health care and education as the William E. Simon Fellow in Religion and a Free Society at The Heritage Foundation. He also has expertise in bioethics, marriage, religious liberty and natural law theory.

Anderson, who joined Heritage’s DeVos Center for Religion and Civil Society in 2012, also is the editor of Public Discourse, the online journal of the Witherspoon Institute of Princeton, N.J.

Anderson’s recent work focuses on the moral and constitutional questions surrounding same-sex “marriage.” He is the co-author with Princeton’s Robert P. George and Sherif Girgis of “What Is Marriage? Man and Woman: A Defense” (Encounter Books, December 2012). The three also co-wrote the article “What is Marriage?” in the winter 2011 issue of Harvard Journal of Law and Public Policy.

[…]Anderson received his bachelor of arts degree from Princeton University, graduatingPhi Beta Kappa and magna cum laude. He is a doctoral candidate in political philosophy at the University of Notre Dame, where he received his master’s degree.

The point I wanted to pull out his piece on Ricochet was that gay activists admit that one of the motives for redefining marriage is to destroy central aspects of traditional marriage, such as monogamy, sexual exclusivity and pledged permanence.

He writes:

Redefining marriage would abandon the norm of male-female sexual complementarity as an essential characteristic of marriage. Making that optional would also make other essential characteristics—like monogamy, exclusivity and permanency—optional, as my co-authors and I argue in our new book, What Is Marriage? Man and Woman: A Defense. We also show how it is increasingly confirmed by the rhetoric and arguments of those who would redefine marriage (“revisionists”) and by the policies that their more candid leaders increasingly embrace. Indeed, several commentators on Tuesday’s post explicitly jettisoned monogamy, sexual exclusivity and pledged permanence as demands of marriage.

Consider the norm of monogamy. In testifying before Congress against the Defense of Marriage Act (DOMA), prominent New York University professor Judith Stacey expressed hope that the revisionist view’s triumph would give marriage “varied, creative and adaptive contours . . . [leading some to] question the dyadic limitations of Western marriage and seek . . . small group marriages.”

In their statement “Beyond Same-Sex Marriage,” more than 300  self-styled LGBT and allied scholars and advocates—including prominent Ivy League professors—call for legally recognizing sexual relationships involving more than two partners. University of Calgary professor Elizabeth Brake argues in her book Minimizing Marriage that justice requires using legal recognition to “denormalize the ideal of heterosexual monogamy” and correct for “past discrimination against homosexuals, bisexuals, polygamists and care networks.”

And exclusivity? Andrew Sullivan, who has extolled the “spirituality” of “anonymous sex,” writes in his book Virtually Normal that the “openness” of same-sex relationships could enhance the bonds of husbands and wives:

Same-sex unions often incorporate the virtues of friendship more effectively than traditional marriages; and at times, among gay male relationships, the openness of the contract makes it more likely to survive than many heterosexual bonds. . . . [T]here is more likely to be greater understanding of the need for extramarital outlets between two men than between a man and a woman. . . . [S]omething of the gay relationship’s necessary honesty, its flexibility, and its equality could undoubtedly help strengthen and inform many heterosexual bonds.

Similarly, in a New York Times Magazine profile titled “Married, With Infidelities”, Dan Savage encourages spouses to adopt “a more flexible attitude” about allowing each other to seek sex outside their marriage. A piece titled “Monogamish” in The Advocate, a gay-interest newsmagazine, supports this point still more candidly:

Anti-equality right-wingers have long insisted that allowing gays to marry will destroy the sanctity of “traditional marriage,” and, of course, the logical, liberal party-line response has long been “No, it won’t.” But what if—for once—the sanctimonious crazies are right? Could the gay male tradition of open relationships actually alter marriage as we know it? And would that be such a bad thing?

As the article’s blurb reads: “We often protest when homophobes insist that same-sex marriage will change marriage for straight people too. But in some ways, they’re right.”

These are the words of leading supporters of same-sex marriage. If you believe in monogamy and exclusivity—and the benefits these bring to orderly procreation and child wellbeing—but would redefine civil marriage, take note.

I wrote before about how feminism debased marriage, and same-sex marriage should be viewed as phase two of the radical feminist enterprise. Surprise! These left-wing groups don’t like natural, traditional marriage.

Should government get out of the marriage business?

Dina sent me three articles by Jennifer Roback Morse, post on The Public Discourse. The articles answer the charge from social liberals and libertarians that we should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that they adults can make poor, emotional decisions and have fun.

Must-read: comprehensive survey of all the research on gay marriage

Ari and Mathetes sent me this amazing evaluation of all of the research on same-sex marriage.

Excerpt: (links removed)

The most detailed effort yet to open the hood and see what is actually inside these studies was performed by Loren Marks of the LSU School of Human Ecology, who published a paper in Social Science Research in 2012 examining the 59 published studies behind the APA’s breezy assertion of a scientific consensus. (Marks did not examine the other 8 studies cited by the APA, which were “unpublished dissertations.”) Marks opened his paper by comparing the research on same-sex families to the by-now bulletproof research showing the advantages of traditional married parents over “cohabiting, divorced, step, and single-parent families,” noting that those studies used “large, representative samples” such as “four nationally representative longitudinal studies with more than 20,000 total participants.” By contrast, Marks found:

-“[M]ore than three-fourths (77%) of the studies cited by the APA brief are based on small, nonrepresentative, convenience samples of fewer than 100 participants. Many of the non-representative samples contain far fewer than 100 participants, including one study with five participants”

-The samples were “racially homogenous,” none of them focusing on African-American, Hispanic or Asian-American families. Of course, social science studies of the family commonly find large racial disparities – picking an all-white sample is an extremely easy way to bias your results.

-More broadly, he cited a “continuing tendency of same-sex parenting researchers to select privileged lesbian samples…’Much of the research [still] involved small samples that are predominantly White, well-educated [and] middle-class.'”

-“[C]omparison studies on children of gay fathers are almost non-existent in the 2005 Brief.”

-“[I]n selecting heterosexual comparison groups for their studies, many same-sex parenting researchers have not used marriage-based, intact families as heterosexual representatives, but have instead used single mothers…[one pair of researchers] used 90.9 percent single-father samples in two other studies.”

-The APA, while ignoring these flaws in the studies it relied on, excluded one of the largest studies available, which had found significant differences in educational outcomes on the theory that assessments by teachers (i.e., tests and progress reports) were “subjective assessments.” Note the contrast between this and the APA’s eager acceptance of self-reporting by parents.

-Most of the studies ignored “societal concerns of intergenerational poverty, collegiate education and/or labor force contribution, serious criminality, incarceration, early childbearing, drug/alcohol abuse, or suicide that are frequently the foci of national studies on children, adolescents, and young adults,” and again the APA simply ignored one “book-length empirical study” that had used a more diverse sample and had concluded that “If we perceive deviance in a general sense, to include excessive drinking, drug use, truancy, sexual deviance, and criminal offenses, and if we rely on the statements made by adult children (over 18 years of age)…[then] children of homosexual parents report deviance in higher proportions than children of (married or cohabiting) heterosexual couples.”

-“[V]irtually none of the peer-reviewed, same-sex parenting comparison studies” looked at adults raised in same-sex parent homes, but only at children and adolescents, thus excluding from consideration social and emotional problems that are commonly observed only in adulthood. Research on children of divorce, for example, has found a number of problems that do not surface until adulthood.

Nobody who has not already made their mind up would find research of this nature conclusive of anything.

And regarding the new Regnerus large-scale study of gay parenting: (links removed)

One recent study that attempted to fix the problems Marks identified was published in the same edition of the same journal by University of Texas professor Mark Regnerus. Regnerus’ study had – as he freely admitted – limitations of its own, discussed below. But the reaction to Regnerus’ work – in contrast to how the badly flawed studies examined by Marks were swallowed uncritically – vividly illustrates why credible, unbiased research on this topic is so hard to come by.

Regnerus set out to do a truly randomly selected study over a large population sample, and to remove the problem of biased parental reporting by interviewing adults about their childhood experiences. His sample covered 15,000 respondents, and despite the subsequent firestorm, no problem was ever identified with his methods or the data he gathered. Unlike most of the prior research, the respondents with a “gay father” or “lesbian mother” (more on which below) were, respectively, 48% and 43% black or Hispanic. His findings were dramatic across numerous types of outcomes, detailing greatly elevated incidence of parental rape, parental pedophilia and suicidal tendencies; as he explained his findings,

Even after including controls for age, race, gender, and things like being bullied as a youth, or the gay-friendliness of the state in which they live, such respondents were more apt to report being unemployed, less healthy, more depressed, more likely to have cheated on a spouse or partner, smoke more pot, had trouble with the law, report more male and female sex partners, more sexual victimization, and were more likely to reflect negatively on their childhood family life, among other things.[…]Anyone familiar with how liberals respond to scientific findings they don’t like can predict what happened next: immediately upon the publication of his study, Regnerus was subjected to a campaign of vilification aimed at discrediting his work, destroying his professional reputation and deterring any other scholar from pursuing a similar line of inquiry. The University of Texas convened an audit of his study to deal with the pressure campaign, and the editor of the journal hired a prominent, vocal critic of Regnerus to audit the peer-review process that led to its publication. Andrew Ferguson and Matthew Franck detail the blow-by-blow of this campaign to destroy Regnerus.

And by and large, Regnerus passed the audits. The UT audit found “no falsification of data, plagiarism or other serious ethical breaches constituting scientific misconduct.”The journal audit grudgingly concluded the journal editor acted correctly, despite a lot of sniping by its hostile author at Regnerus and the peer reviewers. But the liberal blogs and newspapers continued to act as if Regnerus had been unmasked as a charlatan.

Twenty-seven scholars (including Marks) signed a joint letter defending Regnerus’ sample selection:

[T]he demographics of his sample of young-adult children of same-sex parents – in terms of race and ethnicity – come close to resembling the demographics of children from same-sex families in another large, random, and representative study of gay and lesbian families by sociologist Michael Rosenfeld that has been well received in the media and in the academy…We are disappointed that many media outlets have not done their due diligence in investigating the scientific validity of prior studies, and acknowledging the superiority of Regnerus’s sample to most previous research….We are also disappointed that many of our academic colleagues who have critiqued Regnerus have not publicly acknowledged the methodological limitations of previous research on same-sex parenting.

…Regnerus has been chided for comparing young adults from gay and lesbian families that experienced high levels of family instability to young adults from stable heterosexual married families. This is not an ideal comparison. (Indeed, Regnerus himself acknowledges this point in his article, and calls for additional research on a representative sample of planned gay and lesbian families; such families may be more stable but are very difficult to locate in the population at large.) But what his critics fail to appreciate is that Regnerus chose his categories on the basis of young adults’ characterizations of their own families growing up, and the young adults whose parents had same-sex romantic relationships also happened to have high levels of instability in their families of origin. This instability may well be an artifact of the social stigma and marginalization that often faced gay and lesbian couples during the time (extending back to the 1970s, in some cases) that many of these young adults came of age. It is also worth noting that Regnerus’s findings related to instability are consistent with recent studies of gay and lesbian couples based on large, random, representative samples from countries such as Great Britain, the Netherlands, and Sweden, which find similarly high patterns of instability among same-sex couples. Even Judith Stacey, a prominent critic of Regnerus’s study, elsewhere acknowledges that studies suggest that lesbian “relationships may prove less durable” than heterosexual marriages. Thus, Regnerus should not be faulted for drawing a random, representative sample of young-adult children of parents who have had same-sex romantic relationships and also happened to have experienced high levels of family instability growing up.

(Emphasis mine; footnotes omitted).

The vehemence of the attacks on Regnerus, by people who were happy to tout far less reliable studies, ought to be a gigantic red flag to anyone tempted to view the social science in this area as the work of disinterested professionals who care only to find the truth. And any tour of the work of Marks, Regnerus and their critics should disabuse anyone of the notion that we have ironclad-for-all-time scientific proof of equal outcomes that should be cast permanently into Constitutional law. Given the many common-sense reasons, grounded in experience, to think that both fatherhood and motherhood have unique value, the overwhelming scientific evidence that traditional marriage is superior to all the other family structures that have been studied, the relative recency and rarity of same-sex parent households and the current state of the science, the most logical answer is that both Congress and the voters of the State of California could rationally conclude that a family with a mother and a father is preferable to a family with two mothers and no father or two fathers and no mother.

I really urge all of my readers to click through and read this entire essay, and then please tweet or share it or send it to all your friends. We do NOT want a repeat of what happened when the liberal left rammed through no-fault-divorce, which was the first redefinition of marriage. We can’t afford another round of this. We already have a 42% out of wedlock birth rate, and it’s going up.

We’ve had the normalization of premarital sex put through by leftist public schools, taxpayer-funded contraception pushed through by the leftist Obama administration, and no-fault divorce pushed through by leftist feminists and leftist trial lawyers. We can’t keep taking shots at the institution of marriage. Marriage was designed from the start to protect and provide for innocent, vulnerable children. We are doing harm to children every time that we privilege the desires of adults over the needs of children. I find it disgusting that the people who are so influential at destroying marriage today are often the same ones who benefited from intact families and two loving parents yesterday.

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