Prop 8 Harms Children, While Marriage Benefits Them

February 9, 2010

By guest poster Jasmine Beach-Ferrara
Director, The Progressive Project

Last Wednesday, The Progressive Project (TPP) and COLAGE filed an amicus curiae brief in support of the plaintiffs in Perry v. Schwarzenegger. Our brief focuses on the harm that occurs to children of same-sex couples when marriage equality is banned.

Ideally, parents wish to protect their children from violence and prejudice and will look to their extended communities, including schools, places of worship, and government, for such protections. The California constitution, however, perpetuates stigma and discrimination against children of gay men and lesbians and their families.

Lesbian and gay couples create families and lead their lives with joy, love and support despite discriminatory marriage laws and the stigma and prejudice they experience. Such resilience is a survival strategy, but it is not an adequate solution to prejudicial treatment.

Beyond the notion that children are not harmed by being raised by gay or lesbian parents, our brief argues that they are in fact harmed by discriminatory laws. Prop 8 and similar marriage bans in other states cause financial, legal, and psychosocial harm to children, a conclusion that is supported by medical research, social science research, the experiences of children whose families are headed by same-sex couples, and the teachings of faith traditions that recognize the right of same-sex couples to marry and honor the sanctity of the families they form.

Key findings include:

The campaign to pass Prop 8 subjected the families of same-sex couples to political attacks that questioned the legitimacy of their family bonds. Heightened stigmatization occurs during campaigns to pass measures like Prop 8, and lesbian and gay people experience an increased level of psychological distress when a marriage ban has recently passed in their state. Researchers have found that lesbian and gay people respond to campaigns to restrict civil rights with feelings of shock, fear, anger, sadness, shame and negative feelings about themselves. While research has not been completed on the subject, advocates report that the children of same-sex couples have similar responses, particularly during earlier developmental stages. During and after the campaign to pass Prop 8, the young children of same-sex couples consistently reported fears that their families would be ‘torn apart’ and that their parents would be forced to separate. Children have asked their same-sex parents: ‘are they going to take me away from you?

Marriage has incontrovertibly been proven to have beneficial effects on family stability. Same-sex families demonstrate less financial stability, a trend that is traced to factors such as unequal treatment in the workplace and denial of the right to marry. Studies show that poverty rates for children of same-sex couples are twice as high as poverty rates for children of married couples . . . There is good reason to think that access to the institution of marriage will enable the families of same-sex couples to achieve greater financial stability, which is in the best interest of children.

And here is the full brief:

Filed under: Statements

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