Reasoning that heterosexual marriages are more tenuous and that children produced as a consequence of such marriages deserve better than the “all too often causal or temporary” nature of such relationships, the New York State Court of Appeals finds that opposite-sex couples need an incentive. By which they mean in comparison to the same-sex couples who, having all too stable relationships, and who “do not become parents as a result of accident or impulse” should be refused the right to marry. It makes perfect sense that the State of New York might encourage the deadbeat dads and underage moms to marry happily ever after by pointing at the gay couple across the street who can only dream of being afforded the many “undisputed benefits of marriage.”
Or maybe the court should stop “could”-ing and “might”-ing as to the intent of the state legislature or drop the misconception that “it is better, other things being equal, for children to grow up with both a mother and a father” and realize that it is a fallacy to deny same-sex couples the right to marry on the basis of the prejudiced perception that any children such couples may adopt or birth are somehow at risk. The court is effectively citing as reason against same-sex marriage that it is better for a child to grow up in an orphanage or a series of foster homes than with two mothers or two fathers. Is it possible that the generalizations on which the court based its decision are a result of statistical averaging and not a function of any real world research? The court should find error in its own argument as it claims to have insufficient experience in the quality of child rearing in same sex households.
Such inconsistencies regarding studies of same-sex parents are self serving as the court claims that “what they show, at most, is that a rather limited observation has detected no marked differences [between children in same-sex and opposite-sex households]. More definitive results could hardly be expected, for until recently few children have been raised in same-sex households, and there has not been enough time to study the long-term results of such child-rearing.” Am I reading this right? When there isn’t enough evidence we should assume that gay people are simply incompetent at raising children. With statements like that, how could the plaintiffs possibly persuade the court that “this long-accepted restriction is a wholly irrational one, based solely on ignorance and prejudice against homosexuals?” Apparently it takes centuries of strife, war and a handful of Constitutional Amendments to convince the court that those who think gay people should not marry are bigots, plain and simple.
The court conveniently fails to address any possibility that the decisions to deny same-sex marriage on the basis of the false claim of harm to the child comes at the expense of same-sex couples who do not have children.
While it is difficult to argue with the court’s reasoning due process, I imagine they could have found better precedent than to compare same-sex marriage to suicide. Given the pretext (which has already been criticized) the claim to “legitimate governmental interest” of “protecting the welfare of children” stands or falls on the absurdity of those findings. The fundamental assumption that marriage equals children all but predates the current court and will probably die with the last of the pre-boomer generation. Upon removing the idea that the purpose of State endorsed marriage is procreation the entire stack of cards falls apart.
Alternatively an equally effective slice is dismantling the misguided belief that “fostering relationships that will serve children best” is somehow related to “sexual activity that cannot lead to the birth of children.” This is completely counter-intuitive. Relationships that cannot result in the birth of children (it seems the court has now chosen to forget adoption or artificial insemination) have zero relevance to children. Such couples are as removed from the realm of child-care as they are in such a relationship in which they are not officially married. The court also fails to address the very real existence of same-sex couples living together out of wedlock and raising the natural children of one or the other or both. Is the state denying them the benefits of marriage going to change their relationship or the welfare of their children for the better?
Finally, the blogosphere as been rife with criticism of the courts inclination to refer to sexual orientation as “sexual preference.” Reading the preceding dozen or so pages of arguments this is just par for the course. Let us hope this benighted ruling serves as a wakeup call to the New York State legislature and that they take head to the courts closing statement to “listen and decide as wisely as it can.” Marriage is a basic human right. Being against gay marriage is not a moral or religious stand; it is bigotry, nothing more.