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Journal Issue: Marriage and Child Wellbeing Volume 15 Number 2 Fall 2005

Gay Marriage, Same-Sex Parenting,and America's Children
William Meezan Jonathan Rauch

Introduction

Although Americans are deeply divided over same-sex marriage, on one point most would agree: the issue has moved from the obscure fringes to the roiling center of the family-policy debate in a startlingly brief time. In May of 1970, Jack Baker and Mike McConnell applied for a marriage license in Hennepin County, Minnesota. They were turned down. For a generation, subsequent efforts in other venues met the same fate. In the 1990s, Hawaii's state supreme court seemed, for a time, likely to order same-sex marriage, but a state constitutional amendment preemptively overruled the court. Vermont's civil-union program, adopted in 2000 by order of Vermont's high court, offered state (though not federal) benefits to same-sex couples. That program, however, was seen as a substitute for full-fledged marriage. No state, it seemed, was prepared to grant legal matrimony to same-sex couples.

Last year, that taboo broke. Under order of its state supreme court, Massachusetts began offering marriage licenses to same-sex couples. More than forty states, by contrast, have enacted laws or, in some cases, constitutional amendments declaring they would not recognize same-sex marriage—-a trend that escalated in 2004 when thirteen states passed constitutional amendments banning same-sex marriage.1 The issue pits left against right and, perhaps more significant, old against young: Americans over age forty-four oppose same-sex marriage by a decisive majority, but a plurality of Americans under age thirty support it.2 Today, across generations and geography, the country is divided over the meaning of marriage as it has not been since the days when states were at odds over interracial marriages and no-fault divorces—- if then.

For many of its advocates, same-sex marriage is a civil rights issue, plain and simple. For many of its opponents, it is just as simply a moral issue. In reality, it is both, but it is also a family-policy issue-—one of the most important, yet least studied, family-policy issues on the American scene today. The most controversial of its family-policy aspects is the question: how might same-sex marriage affect the well-being of American children?