Dear Justice Kennedy,
June is nigh, and with it will come your ruling on the most contentious political issue of our time: marriage.
I write because I am one of many children with gay parents who believe we should protect marriage. I believe you were right when, during the Proposition 8 deliberations, you said “the voice of those children [of same-sex parents] is important.” I’d like to explain why I think redefining marriage would actually serve to strip these children of their most fundamental rights.
It’s very difficult to speak about this subject, because I love my mom. Most of us children with gay parents do. We also love their partner(s). You don’t hear much from us because, as far as the media are concerned, it’s impossible that we could both love our gay parent(s) and oppose gay marriage. Many are of the opinion I should not exist. But I do, and I’m not the only one.
This debate, at its core, is about one thing.
It’s about children.
The definition of marriage should have nothing to do with lessening emotional suffering within the homosexual community. If the Supreme Court were able to make rulings to affect feelings, racism would have ended fifty years ago. Nor is this issue primarily about the florist, the baker, or the candlestick-maker, though the very real impact on those private citizens is well-publicized. The Supreme Court has no business involving itself in romance or interpersonal relationships. I hope very much that your ruling in June will be devoid of any such consideration. Government Should Promote the Well-being of Children
Children are the reason government has any stake in this discussion at all. Congress was spot on in 1996 when it passed the Defense of Marriage Act, stating:
At bottom, civil society has an interest in maintaining and protecting the institution of heterosexual marriage because it has a deep and abiding interest in encouraging responsible procreation and child-rearing. Simply put, government has an interest in marriage because it has an interest in children.
There is no difference between the value and worth of heterosexual and homosexual persons. We all deserve equal protection and opportunity in academe, housing, employment, and medical care, because we are all humans created in the image of God.
However, when it comes to procreation and child-rearing, same-sex couples and opposite-sex couples are wholly unequal and should be treated differently for the sake of the children.
When two adults who cannot procreate want to raise children together, where do those babies come from? Each child is conceived by a mother and a father to whom that child has a natural right. When a child is placed in a same-sex-headed household, she will miss out on at least one critical parental relationship and a vital dual-gender influence. The nature of the adults’ union guarantees this. Whether by adoption, divorce, or third-party reproduction, the adults in this scenario satisfy their heart’s desires, while the child bears the most significant cost: missing out on one or more of her biological parents.
Making policy that intentionally deprives children of their fundamental rights is something that we should not endorse, incentivize, or promote. The Voices of the Children
When you emphasized how important the voices of children with gay parents are, you probably anticipated a different response. You might have expected that the children of same-sex unions would have nothing but glowing things to say about how their family is “just like everyone else’s.” Perhaps you expected them to tell you that the only scar on their otherwise idyllic life is that their two moms or two dads could not be legally married. If the children of these unions were all happy and well-adjusted, it would make it easier for you to deliver the feel-good ruling that would be so popular.
