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Friday, October 27, 2006
Glen  Lavy :: Townhall.com Columnist
New Jersey Ruling Ignores Primary Rationale for Protecting Marriage
by Glen Lavy
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Two weeks later, after more than a year of deliberations, Washington's high court came down on exactly the same track, declaring that the state's Defense of Marriage Act "is constitutional because the legislature was entitled to believe that limiting marriage to opposite-sex couples furthers procreation, essential to survival of the human race, and furthers the well-being of children by encouraging families where children are reared in homes headed by the children's biological parents. Allowing same-sex couples to marry does not, in the legislature's view, further these purposes."

Three major courts, all saying the same thing: the government's interest in marriage is tied inseparably to its interest in children. The primary reason for licensing marriage is to ensure the best possible environment for raising healthy children.

True, no study yet exists comparing children raised from birth to adulthood by two men or two women with those raised by their own biological parents. But we do have the clear, eloquent evidence of nature itself. If two dads were the ideal for raising a child … two dads would be able to produce a child. If two moms were the ideal … two moms would be able to impregnate each other.

Yes, heterosexual couples also adopt or artificially inseminate or use a surrogate parent. But those options are still, statistically, an aberration. It is the design of nature that children are entrusted to parents of opposite sexes. The mix has not only a decisive genetic impact on the child, but a profoundly psychological one, as well.

The jurists in these recent cases have wisely affirmed the obligation of the state to facilitate that natural impact by sanctioning marriage. But in New Jersey, those pushing the same-sex agenda have successfully argued that the state’s first obligation is to underwrite the romantic inclinations of its adults, rather than protect its children.

It is a perfectly politically-correct decision. But it is not one that those who truly care about children – and indeed, the same-sex couples themselves – can applaud.

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About The Author
Glen Lavy is a senior vice president and senior counsel for the Alliance Defense Fund (www.telladf.org).
 
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Glen says:
“Clearly, the state has a vested interested in providing the best possible environment for these future citizens and tax-payers, and the New York judges – like those at the 8th Circuit and the Washington Supreme Court – were persuaded that the ideal arrangement for children is a stable, loving, two-parent, two-gender family.”

If the issue of “gay marriage” is really all about the children as Glen claims, then why don’t any states besides Utah make a preference for married couples in adoption law? While many people who marry choose not to have children, adoption is about nothing but the child's best interests. Since most states don't feel that marriage is necessary to raise the children that are already here, how can they apply a different standard to children that are yet to be?

Divorce rates
Divorce rates and marriage rates are based upon population. Here is the CDC link: http://www.cdc.gov/nchs/fastats/divorce.htm. For 2005 (preliminary report) the marriage rate was 7.5 per 1000 residents and the divorce rate was 3.6 per 1000 residents (approximately and not all government jurisdictions report the relevant statistics). A rough estimate says that the divorce rate is 45% of the marriage rate. This is a far cry from the misreported 50% of marriages end in divorce. Census bureau statistics estimate that about 75% of all marriages end with the death of a spouse, and that a significant fraction of divorced people remarry.
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