Home > Gay Rights > Completely Missing The Point

Completely Missing The Point

Via Good As You, the following post from the Focus on the Family’s oddly comment-free blog:

I think DOMA sets a dangerous precedent regarding the 14th Amendment and the Full Faith and Credit Clause. What happens to the child of a married same-sex couple should that couple move from Massachusetts to Texas? Our Constitution calls for states to honor the “public acts, records, and judicial proceedings” of other states for precisely this reason.

That’s a question from a reader. It’s a pretty good one, all things considered, especially since it’s dealing with a scenario that could actually occur (and likely already has). FOF’s Bruce Hausknecht replies…and completely missed the point:

Using children as a foil for the advancement of gay “marriage” is nothing new. In traditional-marriage states, we’ve seen legislation proposed and lawsuits brought by gay advocacy legal organizations over same-sex adoption, or demands for birth certificates with same-sex “couples” listed as “parent A” and “parent B”, custody and support disputes, etc. The public face on these efforts is that “it’s about the children” because if it was admitted by anyone that it’s really just incremental steps to achieve same-sex “marriage” in any given state, it would be rejected out of hand. So it’s no surprise to see someone (like our reader) attempt to argue that DOMA is anti-child.

But DOMA and the Full Faith and Credit Clause of the Constitution don’t say that states have to ignore the needs of children. DOMA simply allows states to resist being coerced into recognizing out-of-state marriages that would not be legal if performed within the state. And the FF&C clause has long been interpreted by the Supreme Court as allowing states with strong public policy reasons to reject conflicting “public acts, records and judicial proceedings” of other states.

In other words, we can protect traditional marriage AND protect kids. DOMA doesn’t force any state to choose between them. (Source)

It might say something about Hausknecht that he immediately sees this as some sort of political or rhetorical tactic rather than a genuine question about the situation of children with gay parents. The religious right has always been very quiet on the whole issue, as if they’d rather pretend that same-sex couples just don’t raise children at all. (Bizarrely, some of them even argue against gay marriage on the grounds that it will place more children in the clutches of gay parents…despite the fact that gay people can already adopt in many states and European countries.) It would be interesting to see an actual answer to the question, rather than a blatant dodge.

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Categories: Gay Rights
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