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Polemics

Ryan Anderson explains how gay marriage is already infringing on religious liberty

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Dr. Ryan Anderson writes about the threat to religious liberty in National Review.

Excerpt:

Thomas Messner, a visiting fellow at the Heritage Foundation, has documented multiple instances in which laws forbidding discrimination based on sexual orientation, as well as laws redefining marriage, have already eroded religious liberty and the rights of conscience.

After Massachusetts redefined marriage to include same-sex relationships, Catholic Charities of Boston faced a mandate to place children with same-sex couples. Rather than go against its principles, Catholic Charities decided to get out of the adoption business — a move that helps neither the orphans nor society. When Massachusetts public schools began teaching grade-school students about same-sex marriage, the town of Lexington’s school superintendent, Paul Ash, defended the decision to the Boston Globe with this statement: “Lexington is committed to teaching children about the world they live in, and in Massachusetts same-sex marriage is legal.” A Massachusetts appellate court ruled that parents have no right to exempt their children from these classes.

The New Mexico Human Rights Commission prosecuted a photographer for declining to photograph a same-sex “commitment ceremony.” Doctors in California were successfully sued for declining to perform an artificial insemination on a woman in a same-sex relationship. Owners of a bed-and-breakfast in Illinois who declined to rent their facility for a same-sex civil-union ceremony and reception were sued for violating the state nondiscrimination law. A Georgia wellness counselor was fired after she referred someone in a same-sex relationship to another counselor.

In fact, the Becket Fund for Religious Liberty reports that “over 350 separate state anti-discrimination provisions would likely be triggered by recognition of same-sex marriage.”

In a letter sent to priests, deacons, and pastoral facilitators in 131 parishes, the Catholic bishop of Springfield, Ill., explains that a same-sex-marriage bill state lawmakers are considering this year does not include meaningful protections for religious liberty:

[It] would not stop the state from obligating the Knights of Columbus to make their halls available for same-sex “weddings.” It would not stop the state from requiring Catholic grade schools to hire teachers who are legally “married” to someone of the same sex. This bill would not protect Catholic hospitals, charities, or colleges, which exclude those so “married” from senior leadership positions. . . . This “religious freedom” law does nothing at all to protect the consciences of people in business, or who work for the government. We saw the harmful consequences of deceptive titles all too painfully last year when the so-called “Religious Freedom Protection and Civil Union Act” forced Catholic Charities out of foster care and adoption services in Illinois. . . . There is no possible way– none whatsoever — for those who believe that marriage is exclusively the union of husband and wife to avoid legal penalties and harsh discriminatory treatment if the bill becomes law. Why should we expect it be otherwise? After all, we would be people who, according to the thinking behind the bill, hold onto an “unfair” view of marriage. The state would have equated our view with bigotry — which it uses the law to marginalize in every way short of criminal punishment.

Georgetown University law professor Chai Feldblum, an appointee to the U.S. Equal Employment Opportunity Commission, argues that the push to redefine marriage trumps religious-liberty concerns:

For all my sympathy for the evangelical Christian couple who may wish to run a bed-and-breakfast from which they can exclude unmarried, straight couples and all gay couples, this is a point where I believe the “zero-sum” nature of the game inevitably comes into play. And, in making that decision in this zero-sum game, I am convinced society should come down on the side of protecting the liberty of LGBT people.

Indeed, for many supporters of redefining marriage, such infringements on religious liberty are not flaws but virtues of the movement.

Now, I have previously written that a good case can be made against same-sex marriage on secular grounds alone, but make no mistake – the more gay rights advance, the more religious liberty declines. This issue is not about equality, it’s about trampling on the rights of anyone who voices any disagreement with the gay lifestyle.

Polemics

Comprehensive survey of all the research (pro and con) on gay marriage

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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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Is the root cause of crime poverty or fatherlessness?

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If we were really serious about stopping gun crime, then we should go after the root cause of gun crime. So what is that root cause? The answer might surprise you.

Here is Dr. Robert Rector of the Heritage Foundation to explain:

Census data and the Fragile Families survey show that marriage can be extremely effective in reducing child poverty. But the positive effects of married fathers are not limited to income alone. Children raised by married parents have substantially better life outcomes compared to similar children raised in single-parent homes.

When compared to children in intact married homes, children raised by single parents are more likely to have emotional and behavioral problems; be physically abused; smoke, drink, and use drugs; be aggressive; engage in violent, delinquent, and criminal behavior; have poor school performance; be expelled from school; and drop out of high school.[19] Many of these negative outcomes are associated with the higher poverty rates of single mothers. In many cases, however, the improvements in child well-being that are associated with marriage persist even after adjusting for differences in family income. This indicates that the father brings more to his home than just a paycheck.

The effect of married fathers on child outcomes can be quite pronounced. For example, examination of families with the same race and same parental education shows that, when compared to intact married families, children from single-parent homes are:

  • More than twice as likely to be arrested for a juvenile crime;[20]
  • Twice as likely to be treated for emotional and behavioral problems;[21]
  • Roughly twice as likely to be suspended or expelled from school;[22] and
  • A third more likely to drop out before completing high school.[23]

The effects of being raised in a single-parent home continue into adulthood. Comparing families of the same race and similar incomes, children from broken and single-parent homes are three times more likely to end up in jail by the time they reach age 30 than are children raised in intact married families. [24] Compared to girls raised in similar married families, girls from single-parent homes are more than twice as likely to have a child without being married, thereby repeating the negative cycle for another generation.[25]

Finally, the decline of marriage generates poverty in future generations. Children living in single-parent homes are 50 percent more likely to experience poverty as adults when compared to children from intact married homes. This intergenerational poverty effect persists even after adjusting for the original differences in family income and poverty during childhood.[26]

People on the left claim that poverty causes crime, but they don’t look for the root cause of poverty. The root cause of poverty is the decline of marriage, which produces fatherless children. Unfortunately, some people promote the decline of marriage because they do not like the “unequal gender roles” inherent in marriage. So what is the main tool that the anti-marriage people use to increase the number of fatherless children?

Dr. Michael Tanner of the libertarian Cato Institute explains one of the causes of fatherlessness in his testimony to Congress:

Welfare contributes to crime in several ways. First, children from single-parent families are more likely to become involved in criminal activity. According to one study, children raised in single-parent families are one-third more likely to exhibit anti-social behavior.(3) Moreover, O’Neill found that, holding other variables constant, black children from single- parent households are twice as likely to commit crimes as black children from a family where the father is present. Nearly 70 percent of juveniles in state reform institutions come from fatherless homes, as do 43 percent of prison inmates.(4) Research indicates a direct correlation between crime rates and the number of single-parent families in a neighborhood.(5)

As Barbara Dafoe Whitehead noted in her seminal article for The Atlantic Monthly:

The relationship [between single-parent families and crime] is so strong that controlling for family configuration erases the relationship between race and crime and between low income and crime. This conclusion shows up time and again in the literature. The nation’s mayors, as well as police officers, social workers, probation officers, and court officials, consistently point to family break up as the most important source of rising rates of crime.(6)

At the same time, the evidence of a link between the availability of welfare and out-of-wedlock births is overwhelming. There have been 13 major studies of the relationship between the availability of welfare benefits and out-of-wedlock birth. Of these, 11 found a statistically significant correlation. Among the best of these studies is the work done by June O’Neill for the U.S. Department of Health and Human Services. Holding constant a wide range of variables, including income, education, and urban vs. suburban setting, the study found that a 50 percent increase in the value of AFDC and foodstamp payments led to a 43 percent increase in the number of out-of-wedlock births.(7) Likewise, research by Shelley Lundberg and Robert Plotnick of the University of Washington showed that an increase in welfare benefits of $200 per month per family increased the rate of out-of-wedlock births among teenagers by 150 percent.(8)

The same results can be seen from welfare systems in other countries. For example, a recent study of the impact of Canada’s social-welfare system on family structure concluded that “providing additional benefits to single parents encourages births of children to unwed women.”(9)

The poverty that everyone complains about is not the root cause of crime. The poverty is caused by fatherlessness. The fatherlessness is caused by welfare. Fatherlessness is also caused by laws and policies that make it easier for people to divorce, e.g. – no-fault divorce laws. Again, it’s people on the left who push for no-fault divorce laws. So the left is pushing two policies, welfare and no-fault divorce, which cause crime.