Hawaii 1996, Part 3

Four expert witnesses were presented by the state of Hawaii during the Baehr v. Miike case, all of whom were expected to testify that children ought to be raised in a two-parent home by both biological parents. It was the ideal and most desirable environment, they told then-Circuit Judge Kevin S.C. Chang. Children raised in a gay couple’s home would be “burdened” by such an environment; hence, allowing same-sex couples to marry would harm children.

Yet, under oath, these same expert witnesses mustered by the state of Hawaii admitted that same-sex couples can, and do, provide positive nurturing home environments for children, and children raised in such households turn out just fine.

If you haven’t read the two previous posts to this, you ought to now before reading further. Begin with part one, and then read part two before returning to this post.

Psychiatrist Kyle D. Pruett had conducted a 10-year longitudinal study of two-parent families with young children in which the father had a primary role in raising the children. Pruett concluded that children raised primarily by their fathers during the early years did very well in later childhood. He also noted other significant benefits to a developing child having a father present during the child’s rearing.

“Dr. Pruett stated that same-sex relationships do not provide the same type of learning model or experience for children as does male-female parenting, because there is an overabundance of information about one gender and little information about the other gender,” Chang wrote in his decision.

That was very important information for the state to get on the record. But did the state count on what else Dr. Pruett was going to say?

“Nevertheless, Dr. Pruett also stated that same-sex parents can, and do, produce children with a clear sense of gender identity… that single parents, gay fathers, lesbian mothers and same-sex couples have the potential to, and often do, raise children that are happy, healthy and well-adjusted…that single parents, gay fathers, lesbian mothers, adoptive parents, foster parents and same-sex couples can be, and do become, good parents. Significantly, Dr. Pruett knows the foregoing to be true based on his clinical experience. More specifically, Dr. Pruett stated that parents’ sexual orientation does not disqualify them from being good, fit, loving or successful parents.”

It was very significant testimony for Chang to hear, and that was from the state’s first expert witness! It got better when Pruitt said that gay couples should be allowed to adopt, and that the sex of the parents was not the most important characteristic of having a positive influence on a child: rather, the “quality of the nurturing relationship between parent and child could, and would, outweigh any limitation or burden imposed on the child as a result of having same-sex parents.” (emphasis added)

Then came testimony from sociologist David Eggebeen, which dealt largely with what marriage is all about and why people marry.

Eggebeen presented data on how over the years the marriage rate had declined while the divorce rate had increased, as had the number of “young people” cohabiting, etc.

“It’s common today to find children in single parent families. It’s common today to find children living with a mother who never married. It’s common today to find children in remarried families. It’s common today to find children in dual earner families where both parents participate in the type of work. It is common or getting common to find children whose parents never married and they’re cohabiting,” Eggebeen testified. Having said that, however, he noted that 60 percent of children were being raised in two-parent households where the parents were married to each other and both parents were the biological parents.

Through Eggebeen’s testimony it is clear that the American nuclear family is in serious trouble. And the anti-marriage crowd likes to remind everyone of this. But that argument is easily countered with the one found in Turner v. Safley. In that case, the state of Missouri argued against allowing some inmates to marry someone from the outside because of the potential security problems such arrangements might create. The Supreme Court, however, noted that those security problems would exist regardless; to say that allowing marriages for inmates would exacerbate the situation was a baseless assertion.

In this case, Eggebeen reveals to the court that the problems with marriage existent at the time were already present, so any argument that allowing same-sex couples the opportunity to marry would exacerbate the situation, or, as some in the anti-marriage crow argue, even create such situations is spurious.

Eggebeen also tells the court something else the anti-marriage crowd loves to repeat in some form or another, and that is marriage is a “gateway to becoming a parent,” that it is “synonymous with having children.” However, Eggebeen’s testimony indicated he did not believe that such a characteristic was exclusive by any means. Rather, individuals get married without any intention of having children at all, or who may be biologically incapable of reproduction. And given that, the absence of any intent to have children, regardless of the reason, “does not weaken the institution of marriage.”

“In fact, Dr. Eggebeen recognized that people marry and want to get married for reasons other than having children; that those reasons are valuable and important; and that regardless of children, it is beneficial to society for adults to marry. Dr. Eggebeen testified that individuals should not be prohibited from marriage simply because they cannot have children.”

So, two of the state’s own expert witnesses have given testimony that undermines the state’s position. But Eggebeen’s testimony gets even better.

“Finally, and importantly, Dr. Eggebeen stated that children of same-sex couples would be helped if their families had access to or were able to receive the following benefits of marriage: (1) state income tax advantages; (2) public assistance; (3) enforcement of child support, alimony or other support orders; (4) inheritance rights; and (5) the ability to prosecute wrongful death actions. Dr. Eggebeen also agreed that children of same-sex couples would be helped if their families received the social status derived from marriage.” (emphasis added)

I will take up the state’s two other witnesses in the next installment, witnesses that include one that Chang found to be unpersuasive and unbelievable because the witness testified that he believed all social science, including psychology and sociology, is so flawed that it can never be fixed.

Calling the kettle slate gray

In his Christmas Eve column at CNSNews.com, Ben Shapiro attempts to put lipstick on an old pig of a specious argument by reminding folks that gay people are intolerant – too. His coy interjection of “too” at the end of his column’s title is a mousy attempt to note that the religious Right has been intolerant; but rather than explain that intolerance, Shapiro resorts to the most sophomoric of retorts, as if he were Pee Wee Herman asking the rhetorical, “I know you are, but what am I?”

First of all, let me say I agree with Shapiro when he opines that many in the gay community are intolerant of contrary beliefs. These intolerant queers demand respect for their position, but are not the slightest bit inclined to show any respect to a contrary opinion. With the quickness of an unthinking automaton, these militant gays resort immediately to name calling whenever someone indicates that they are against gay marriage. “Homophobe!”, they shout. And where does that get anyone?

Now that is done, I can get to the really feeble argument Shapiro presents in his column.

“Advocates for traditional morality have won virtually every electoral battle over gay marriage. The gay community has won its victories in the courtroom, calling on elitist judges to twist the words of state constitutions. It’s illegitimate, and it cuts against the most basic American value: the right of the people to decide how to regulate their communities.”

I mean really, this guy is a Harvard Law School graduate and he’s writing this? The gay community has resorted to “calling on elitist judges to twist the words of state constitutions.” Really now, would that be the same elitist judges that struck down state laws that banned inter-racial marriage, such as in Loving v. Virginia? Oh wait, I know the argument, the retort: at least in Loving the marriage was between a man and woman and the opportunity for procreation existed. There is no opportunity for procreation in a same-sex marriage. So yeah, procreation is part of marriage, it’s essential. Until, mmm, we talk about Turner v. Safley, a case brought forward by Missouri prison inmates who wanted to marry. Prison officials wouldn’t allow the marriages, basing their position largely on the fact that the inmates involved would never be allowed to consummate the marriage. If there’s no sex, there’s no procreation, so no marriage.

But interestingly, the Supreme Court had a different notion about why people get married.

For one, the court opined that “any governmental objective must be a legitimate and neutral one.” In the Turner case, inmates weren’t allowed to marry unless they had the prison’s permission, and that would only be granted if there was a “compelling reason” to allow the marriage. The marriages were never allowed because prison officials asserted that such marriages would cause security problems, as well as most would never be consumated. It is worth pointing out that the court rejected the security argument fairly quickly, noting that any security problems would likely exist whether the marriage occurred or not.

But what the court said about marriage is more interesting. Several reasons for allowing the marriages were given, but first on the court’s list was this: “First, inmate marriages, like others, are expressions of emotional support and public commitment. These elements are an important and significant aspect of the marital relationship.”

So, marriage is an expression of emotional support for the other partner, and it’s an expression of public commitment. And inmate marriages, even though some may never have an opportunity for consummation, are just like any other marriage.

And you know what case will be applicable in the review of Prop 8? I think it might be Romer v. Evans.

Yes, it is true that many in the gay community need to temper their reactions when dealing with those in the anti-marriage crowd. But the Right needs to pay attention to reality and understand that blaming “activist” judges for “re-interpreting” the constitution is a non-starter. It would do them well to read up on their Tocqueville.