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Debunking the Prop 8 Myths of Protecting Children in California

By Brian Leubitz
Founder and Publisher
Calitics
A couple of weeks ago, the legislature held a hearing regarding Proposition 8, the anti-marriage measure. These hearings are required by law to be held for every proposition, but this one, of course, was a bit more interesting. A future Assemblyman, John Perez, an openly gay community and union leader running to replace the termed out Fabian Nunez, spoke of the inherent discrimination of separate but equal. Samuel Thoron spoke of the importance to families of marriage equality.
On the other side, you had Dr. Jennifer Roback Morse basically said, "Why do you hate the children? THink of the Children who will be forced to grow up in a loving stable home where two parents love and support them?"
Ok, maybe not so much with the second part of that quote. I've dutifully captured that video (after much labor with a corrupted DVD...let's just say I spent way too much time on this) and offer it up to you. Sincere Kudos go out to Assemblyman Dave Jones (D-Sac) who absolutely put Dr. Morse in her place. Exposing her argument as completely devoid of logic, and that is essentially a pretext:
“Asm. Dave Jones: Would you then tell the older heterosexual couple that they should not get married.
Dr. Morse: No, no I would not say that they shouldn’t get married, but what I would say is that if the only kind of couples we had in society are elderly couples who are sterile we wouldn’t need an institution of marriage. You know, we wouldn’t need it. So the point is, there are ways to solve--the problems that those couples face as elderly persons who aren’t going to have any kids
Jones: Well, why didn’t you craft this legislation to allow older gay couples to marry, if kids are the only concern
Morse: Well we thought it was simpler just to go back to the old man-woman definition.
Jones: Or maybe this isn’t about children after all
Morse: Right after this there’s some crazy stuff she gets into about in vitro fertilization becoming an entitlement. The Rep asks her if she would outlaw In Vitro if the child knowing the biological parent is so important, and she says no.
Jones: So let me sum this up. You wouldn’t ban infertility centers even though the children there won’t know who their biological parents are, you don’t agree with banning adoption even though in those circumstances children are not necessarily being raised by their biological parents, you’re ok with, um, the adoption of children by gays and lesbians, you don’t believe in banning divorce, even though by your own arguments there’s been all sorts of analogous studies that indicate that divorce is very very harmful on children. Um, it’s hard for me not to conclude that this isn’t about protecting children... I am utterly unconvinced that that’s what’s going on here. What s going on here is fundamentally, I believe, an effort to discriminate against a class of people and deprive them of something that everybody else has."
But this is what Prop 8 supporters are attempting to sell both to the loyal flock of the Mormon Church and to the greater state of California. An argument only thinly veiling its real purpose: to discriminate against one group of Californians, to only exclude those whom you don't like. And the lies only continue. The proponents argue that a failure of Prop 8 will lead to churches rocking house remixes of Madonna every Sunday because they have to let the gays take over. And not the good Madonna stuff...the new stuff! Boogy-Boogy-Boogy.
In fact, the Yes on 8 Campaign has gone through and come up with 6 Whole Ways Gay Marriage Will Ruin Your Life and the Life of All Straight Couples With Children. It's basically a rundown of everything you've seen in their commercials. You know, children will get taught gay marriage in schools, churches will be forced to marry gays, Churches won't be able to say anything about gays being evil, and it will cost you tons of money (huh?).
Well, I'm sure I could go through point by point on this ridiculous list. But fortunately, it's already been done. Morris Thurston, a lifelong Mormon, long-time partner at Latham & Watkins (a big LA-based law firm), has already gone through point by point and taken them all down. You can find a mini-post at Mormons for Marriage with the full PDF here .
Mr. Thurston goes through each point, and completely rebuts them legally and also from a general logical standpoint. Take Reason #2, for example, churches will lose tax-exempt status if they don't do same-sex marriages. Nope, says Mr. Thurston:
“Churches may be sued over their tax exempt status if they refuse to allow same-sex marriage ceremonies in their religious buildings open to the public. Ask whether your pastor, priest, minister, bishop, or rabbi is ready to perform such marriages in your chapels and sanctuaries.
“Response: This false "consequence" is based on the misrepresentation of a case in New Jersey involving an association affiliated with the Methodist Church. In considering that case, it is important to remember that New Jersey does not permit gay marriage, so that case had nothing to do with Proposition 8.”
He then goes on to say:
“The California Supreme Court ruling on gay marriage cannot have any federal tax consequences, and the Court so noted explicitly in its decision. The Supreme Court also noted that its ruling would not require any priest, rabbi or minister to perform gay marriages, which should be self-evident because of the First Amendment's guarantee of freedom of religion. “
You can read the full smiting of the "6 Reasons" but suffice it to say there's not much left of the "Reasons" to argue with. Which isn't to say that you won't be seeing them repeated over and over again on TV commercials and from silly talking heads like Dr. Morse, the Right isn't really known for bowing to the reality of logic.
So, today, consider giving to Equality for All, No on Prop 8, through the Calitics ActBlue Page, where we are just $1,500 from hitting $50K. (We've also given $2,000 from the Calitics CaliPAC, and another $5K+ from other Calitics pages). You can also do so over at Big Orange, where the Hell to Pay fundraiser has now raised well over $100K to fight back Prop 8. Thanks to every who has given money to oppose Prop 8. And to everybody who hasn't, time is of the essence. If you are considering, please do it as soon as possible.
Brian Leubitz runs Calitics.com, the leading California progressive blog covering California politics and policy, and is a candidate for Vice-Chair of the California Democratic Party. He holds a law degree from the University of Texas and a Master of Public Policy (M.P.P) from the Goldman School at The University of California, Berkeley. After practicing law in San Francisco, Brian transitioned into politics and launched Calitics .com in 2005. He has worked on several campaigns in the state, including the Yes on 93 (term limits reform) and the No on 98/Yes on 99 (eminent domain and property rights) campaigns. He currently is a member of the Democratic State Central Committee, serves on the CDP's resolutions committee, and is on the boards of the San Francisco Young Democrats and the Alice B. Toklas LGBT Democratic Club.
Comments
Gay Agenda:
Step 1: Make Gay-Marriage Legal
Step 2: Make Speech Against Gays = Hate Speech
Step 3: Sue Anyone Who Speaks Against Gay Lifestyles...Oh, and Take Away Tax-Exemption if they have it...Government Funding Should Not Support Such Intolerance
Step 4: Push to Have a Harvey Milk Day Holiday
Step 5: Publish Gay-Equality and Same-Gender Marriages Next to Civil Rights in Textbooks and Make Sure Teachers Inform Students That This Is A Normal Part of Society
Step 6: Completely Collapse the Institution of Marriage and Morals in Society.
It's plain and simple, failure of prop 8 will not have immediate consequences, but before long it will permeate every aspect of society. Children WILL be taught this is acceptable behavior and schools. Churches WILL come under fire for their views. Tax-Exemption WILL be reconsidered (I've already heard people attacking churches over this issue!) You Decide.
Vote Yes on 8! I already have!
Posted by: Foresight at October 20, 2008 08:57 AM
really? immediate consequences? like what? nothing. who knows, if 8 passes what next? people marring animals or children or inanimate objects? SHUT UP. why stop people from having every right that heterosexuals have. that is called homophobia or the unnatural fear of or antipathy toward homosexuals and homosexuality in case you didn't know the definition.what next. make sure that black people or mexicans or people with physical disabilities can't vote???
I NEVER LEARNED about marriage in school, be it gay or straight. that is nothing but scare tactic BULL saying that marriage will be taught in schools. AND CA school districts and more importantly PARENTS can decide whether to keep their children in class IF this happens. get real. look up the facts and see that it is only fair and just to vote NO on 8.
gay marriage has been legal in CA for a number of months now. think about how you have personally been affected by it? i doubt that unless you yourself or a loved one or friend has has the pleasure and right to marry their loved one, IT DOES NOT EFFECT YOU AND IT HASN'T BEEN TAUGHT IN SCHOOLS YET. i really doubt that it is a sign of the end of days.
please vote for love,
VOTE NO ON PROP h8
also known as PROP h8.
Posted by: NO ON h8 at October 20, 2008 08:05 PM
I was also at the charade of a hearing that the Senate and Assembly Judiciary Committees held October 3rd. All but a couple of the committee members were openly against Proposition 8, and none gave even the slightest indication that they were for the Proposition. They also stacked the panels called to testify. (The legal panel was one lawyer who made it abundantly clear that he considered same-sex ‘marriage’ to be an absolute right. There was no legal counsel present to offer the opposing view.)
As far as the exchange between Dr. Morse and Assemblyman Jones goes: It’s easy to manipulate the conversation when you control the dialog, and Jones took full advantage of his position as co-chair of the hearing.
But if you would like to offer a more open discussion of the issue on this forum, then let’s consider the likely outcome of institutionalizing same-sex so-called ‘marriage’ in light of the following:
It has been very well established that children reared by a married mother and father (either biological or adoptive) do better as adults by virtually all measures of wellbeing (physical and mental health, educational achievement, professional success, incidence of alcoholism and drug abuse, rate of incarceration...) when compared to kids with one parent, step parents, cohabitating parents, or any other parental arrangement for which there is sufficient data on which to base a definitive conclusion of the probable outcomes. And the results are about the same at all income levels, as well.
The cumulative effect on society of an excess of marriages that are either broken or that never happened in the first place is about what one should expect. There is an extremely strong correlation between the rate of fatherless households in a community and the degree to which the neighborhood will suffer from poverty, drug use, violence, crime, delinquency among young males, early sexual activity and promiscuity among young females - which leads to more fatherless households...
Motherless families have been relatively rare until now (Whenever a baby is born, you can bet there is a mommy very close by.) so we haven’t seen what a lot of those would do to a community - yet. But why should we think that mothers are any less vital to the welfare of children than fathers, or that substantially increasing the number of motherless families will not produce a whole host of new kinds of societal ills in our neighborhoods?
Not a lot of good evidence exists for the results of same-sex parenting because there aren’t any reliable studies yet. Same-sex parenting hasn’t even been legal long enough for a sufficient body of evidence to develop. Any research possible for now will suffer from either an insufficient sampling or inadequate length of time for a dependable conclusion to be made.
But by the time reliable surveys can be completed it will not be possible to go back in time and undo any damage that has been done. (You only get to grow up once.) And since we do know what the results of fatherless parenting is, for both the children involved and the community, I think we can confidently predict that there will indeed be harm caused. (The two best moms in the world don’t add up to any kind of dad, after all – or visa versa.)
Sanctifying same-sex ‘marriage’ in the law will certainly lead not only to a significant increase of fatherless homes, but will also produce (for the first time in history) a significant number of motherless homes in our society as well. And, as has already been pointed out, it would be absurd to think that the effect of significant numbers of motherless families and children would not be as detrimental as what the effect of significant numbers fatherless families and children has proven to be.
In light of the above, how can anyone believe that same-sex ‘marriage’ would not eventually do for our culture what sub-prime mortgages have done for our economy?
Posted by: Leland at October 21, 2008 09:41 PM
I understand that New Jersey doesn't have marriage equality, but can someome enlighten me about how that case is not a problem? I read it to say that it doesn't matter whether you legalize gay marriage, discrimination is discrimination, and a challenge to church property tax exemption may well me on the way, regardless.
Posted by: amy at October 22, 2008 04:52 PM
This "right to marry a loved one" - it doesn't exist. What exists, and what everyone has, is the right to marry, which until now has been a heterosexual right.
Now, homosexual people don't want that right, they want a different one. But just because you want something, even if you were born wanting it, doesn't automatically mean you should get it. Everyone's free to argue the point, one way or the other.
Make your case for a new, homosexual right if you want to. But please stop suggesting that homosexual people have different rights to heterosexual people, because everyone has exactly the same right.
Posted by: Carl at October 30, 2008 01:49 PM
Leland ignorantly said:
"Sanctifying same-sex ‘marriage’ in the law will certainly lead not only to a significant increase of fatherless homes, but will also produce (for the first time in history) a significant number of motherless homes in our society as well. And, as has already been pointed out, it would be absurd to think that the effect of significant numbers of motherless families and children would not be as detrimental as what the effect of significant numbers fatherless families and children has proven to be."
How can legalizing same-sex marriage possibly "lead" to an increase in fatherless or motherless homes? Do you think that not being able to marry is going to stop people who love each other from settling down and having children? That is the most ridiculous thing I've ever read and only shows your ignorance and grasping for straws to justify your prejudice. If marriages were arranged and this led to people "arranging" same-sex marriages, then this would be true. But discriminatory laws like Prop 8 do not govern how people fall in love and find their life partners. NOT legalizing same-sex marriages forces children to grow up in homes where their parents must raise them OUT OF WEDLOCK and spend thousands of dollars to have legal documents drawn up to have even a semblance of the legal protections of marriage. This affects THOSE children by depriving THEM of growing up in the best possible environment, and that is, with two loving parents whose relationship is strengthened by the bond and legal protections of marriage.
This argument is not only easily debunked with common sense, but all the major mental health and medical organizations have already, through decades of research, concluded that children fare just as well with same-sex parents as with opposite sex parents, and that children fare better with married heterosexual parents than with unmarried heterosexual parents. Because the conclusion from these studies is that children of same-sex parents will benefit if their parents are married, THIS *IS* ABOUT THE CHILDREN. Furthermore, there are thousands of families that are headed by same-sex couples that are hurting because of the lack of equal protection under the law. If you are so against increasing the number of children in fatherless or motherless households, then ban divorce, force people to marry who are expecting, and outlaw surrogacy and sperm banks. However, you would be infringing on parental rights with that same logic, would you not? Many people are choosing to have children this way (not married and/or single with no partner), and yet you want to BAN couples who want to marry and start a family IN WEDLOCK from doing so. AMAZING.
Finally, 18,000 same-sex couples married before Nov 4, declaring their love and commitment before thousands of family and friends. I assure you that you would get no such celebration with incest, pedophilia and any other ill that the Yes on Prop 8 supporters insist on relating love between two consenting adults to. Have you no respect for the religious and personal beliefs of others when they have no effect on your religious beliefs at all? Just because it is legal to eat pork in California, does this tromp on the religious beliefs of Muslims? Muslims would never be forced to accept eating pork in their churches. Catholic churches would never be forced to marry divorced people in their churches. And likewise, churches that believe that marriage should be between a man and a woman would never be forced to marry same-sex couples. This religious freedom has always been protected by the First Amendment. And yet the people who passed Prop 8 VIOLATED the religious freedom of thousands of people, their families, and their churches, as they are no longer allowed to solemnize the marriages that they see fit.
And to those who believe that everyone has the same right of marrying the opposite sex, remember that 60 years ago, over 90% of the people felt that everyone had the same right... of marrying someone of their own race. Everyone had THE SAME RIGHT, right? Mixing races was an abomination and there were a few Black folks who wanted "special rights". Equal protection then meant that the Black person and the White person they married would get EQUAL punishment for violating bans on interracial marriage. These laws were upheld time and again with that same logic, until an independent judiciary, 60 years ago in California, had the courage to do their job and say NO MORE.
Prop 8 is wrong on so many levels, and it is sad that some people still can't see it. Some day you will look back and hope that in this age of information technology, your grandchildren won't be able to look up your ridiculous comments on the web, just like those people who hope that no one recognizes them in those 60 year-old protest pictures on the web with signs that say "Protect religious freedom! Stop the mixing of races!"
Posted by: Tammie at December 31, 2008 12:07 AM
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