Children and Their Rights Unjustly Absent from Same-Sex “Marriage” Debate

I’m getting really tired of seeing debates over same-sex “marriage” (SSM) that ignore, dismiss, or downplay children and their rights and that talk about marriage as if it were primarily an adult-centered civil institution. It is so sad that leftists, most libertarians, and many so-called “conservatives” treat children this way. The real debate over marriage as a public, civil institution should not be about adults but about children and children’s rights.

The essential public purpose of marriage is to attach mothers and fathers to their children and to each other for the sake of their children and their children’s rights. Marriage as a civil institution is about children; the law should recognize it as children-centered institution. Children and their rights are the reason why marriage is a public, civil institution (not merely a religious institution) and why it should have special legal status.

While not every marriage can or does bear fruit in the procreation of children, every child has a mother and father, and the well being of that child depends significantly upon the relationship between his or her mother and father, which marriage, as a civil and social institution, is designed to strengthen and stabilize.

The law should recognize these basic facts of biology, social science, and human nature and should protect the child’s rights by protecting marriage. Legal protection of marriage is necessary because children are unable to defend and protect their own rights, and the violation of those rights and consequent harm and damage done is extremely difficult to remedy satisfactorily after the fact.

SSM tries to change marriage from a children-centered civil institution to an adult-centered civil institution, necessarily perverting and destroying the essential public purpose of marriage and harming children, who depend upon marriage for their well being.

Many people often say that same-sex “marriage” (SSM) does “no harm to anyone.” While it might have little to no direct and immediate effect on adults and current marriages, SSM would certainly, directly, and immediately harm future children by:

1. Undermining, if not removing entirely, the children-centered nature of civil marriage, which children depend upon for their well being,
2. Turn children into commodities to be manufactured and possessed that unrelated adults have a “right” to have, separating children from at least one parent as a matter of routine procedure,
3. Empowering the state to routinely and arbitrarily assign parentage and custody of children without any regard for biology or genetics.

Marriage should not be about self-centered adults who want recognition and approval from the State for their private relationships which serve no public purpose. As a civil institution, marriage is not about the “happiness” or “rights” of adults but the happiness and rights of children. 

SSM strips away the essential public purpose of marriage (children and their rights) and leaves only the inessential private purposes of marriage. Under the new definition(s) of “marriage,” a whole host of private relationships having nothing to do with the procreation and proper raising of children could be considered a “marriage.” By the time the logic of these new definitions reaches its full implications, there will be nothing left of marriage except an absurd and dangerous government registry of roomates and friendships.

A relationship based on homosexual affection or behavior is no more deserving of legal recognition and approval than a relationship based on the activities of living together, golf, chess, dancing, or studying. Homosexual behavior, living together, golfing, playing chess, dancing, and studying are all private behaviors that serve no essential public purpose. If these individuals want to formalize their private relationship and create reciprocal rights and responsibilities amongst themselves, they are free to do that under the law using contracts. But of course, no private individual or corporation outside of that contractual relationship should be forced by government to recognize that contractual relationship and to perform some specific action because of the existence of that contractual relationship.

But marriage, a relationship based on procreating children and securing their positive rights, deserves special legal status that transcends contract law because it serves the very essential public purpose of procreating children and securing their positive rights. Marriage is more than a contract because it intends to create and care for an entirely new human being, an entirely new third party to the “contract” who has special positive rights that depend upon the marriage relationship itself to be secured.

Perhaps some people will argue that SSM and the creation and proper raising of children can go together…. But SSM inherently promotes and encourages the outrageous, immoral, and harmful notion that children are commodities or things which adults have a “right” to have, regardless of whether they are the biological parents of the children or not. On the contrary, children should be loved into existence and are persons with a positive right to a relationship with both biological parents, to know and be known by both biological parents.

Creating a child with the intention of preventing the child from having a relationship with one or both of his or her biological parents is cruel and unjust to the child. Artificial reproduction technology merely makes this injustice and cruelty more possible and likely than before. SSM thus tries to change marriage into an institution that separates children from at least one of their parents as a matter of routine procedure.

Most dangerously, SSM would lead to changes in parentage laws entailing the empowering of the State to assign the parentage of children to adults based on inherently arbitrary criteria rather than on biology. Currently, unless scientific testing shows otherwise, family law assumes that the father of a child is the husband of the mother of the child (i.e. presumption of paternity), if the mother is married. But by changing the legal definition of marriage from one man and one woman, the State is empowered to ignore human nature and biology and arbitarily assign children to the custody certain adults. Such changes create legal precedent for the State having complete and arbitrary control over children and to whom they belong. If you think this sounds far-fetched, it has already happened in Washington State.

This blog post draws heavily from the Ruth Institute’s pamphlet “77 Non-Religious Reasons to Support Man/Woman Marriage.” Click here to get your copy!