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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Oct. 4, 1996)
ju s t o u t ▼ O ctober 4 , 1 9 9 0 f 9 news The world is watching decision in Baehr vs. Miike, the land- j Brodzinsky of Rutgers University, who has previ mark legal case in which the State of ously provided testimony for such high-profile Hawaii was forced to prove a “com cases as the Baby M surrogate mother case and the pelling” state interest in restricting Baby Jessica adoption case. Millions await a decision in the Hawaii same-sex legal m arriage to heterosexual Brodzinsky said he found the argument that couples, may come down before year’s end. same-gender households are less than “optimum” marriage case—yea or nay more controversy is certain The nonjury trial began Sept. 10 and ended because one parent is adoptive rather than biologi ▼ cal to be “offensive.” with closing arguments on Sept. 20. In defending its same-sex marriage ban, the He said that his own clinical experience and by Inga Sorensen the research literature indicates that gay men and state attempted to convince Circuit Judge Kevin Chang that it had sufficient reason to deny mar o counter the 1 lesbians parent just as well as heterosexuals. for children, and that a riage licenses to one gay and two lesbian couples Brodzinsky also testified that the children of state’s strategy, parent’s sexual orienta same-gender couples are being “punished” by the in 1990. The couples in turn sued the state, claim plaintiffs’ attor tion does not disqualify ing sex discrimination and a violation of the state’s refusal to gi ve their households the support neys presented nation her or him from being a state’s guarantee of equal protection. of legal marriage. ally known child devel good, fit and loving par opment experts who tes In May 1993, the state Supreme Court agreed, Eichor, meanwhile, suggested that it was the ent. and declared as unconstitutional the state’s re tified that lesbian and; gay and lesbian parents who “punished” the chil State witness Penn dren by living with their same-gender partners gay parents raise their fusal to issue marriage licenses to same-sex sylvania State Univer children just as capably couples. It ordered Hawaii to show a compelling instead of marrying their children’s biological sity professor David J. state interest for continuing that discrimination. parents. as heterosexual parents. Eggebeen, a sociologist, According to The Associated Press, state offi Plaintiffs’ co-counsel Dan Foley responded by One of those wit testified that 98 percent cials decided focusing on the welfare of children saying forced marriages have been shown to be nesses was Pepper of people who get mar was the best legal argument “to justify awarding Schwartz, an author and j harmful for all parties involved, including children. ried want children, a sta marriage licenses selectively, although only one sociology professor a t , tistic that state lawyers of the three plaintiff couples has raised a child.” the Uni versity of Wash uring closing arguments on Sept. 20, Eichor use to justify Hawaii’s Critics of the ban have said the state’s argu stated that legalizing lesbian and gay mar ington. She discussed ban on same-sex mar ment implies that marriages are licensed for the at length her 1983 book riage in Hawaii would invite demands that riages. purpose of procreation. In 1984, the Hawaii Leg Am erican C ouples, t the state also license bigamy, polygamy and “con “It’s clear that mar islature removed the ability to have children from which reported o n ! sensual incest.” riage represents the gate “There are a whole host of human relation the criteria for a marriage license, saying the 12,000 married and co way to becoming a par Genora Darcel and Minia Baehr ships that would flow from allowing marriage requirement discriminated against the elderly and habiting couples, 1,000 gay male couples and 800 ent,” he testified. based simply on love,” he told the judge. “If you the handicapped. lesbian couples from the late 1970s to the early Under cross-examination, however, Eggebeen are going to allow love to be the simple basis for In addition, critics say the state doesn’t dis 1980s. said there was no reason why same-sex couples your marriage law, then you’ve got to be ready to Schwartz, who holds master’s and doctorate courage children being raised by nonbiological who do not want children should be barred from accept polygam ous m arriages, consensual parents in a variety of other child-rearing arrange degree from Yale University, told the judge that marriage, and he admitted he knew of no studies incestual marriages.” “marriage as an institution buffers you as a ments, including adoption, step-parenting and claiming same-sex couples cannot raise a healthy Citing the testimony of witnesses called by both couple.. .married couples have an advantage that single parenting. child. keeps them together longer than any of the other sides, Eichor said Hawaii’s marriage law is in A third state witness. Dr. Richard Williams, a During the trial last month, state Deputy At three categories of couples. Marriage has protec tended to promote a positive environment for the Brigham Young University expert on scientific torney General Rick Eichor presented four wit tive qualities.” procreation and rearing of children who will thrive research methods, testified about supposed meth nesses, all of whom tried to make the case that best when raised by their biological parents. She also testified she felt marriage for lesbian odology flaws in nine national studies in which children were best raised by biological parents, and gay couples would strengthen gay and lesbian Foley, meanwhile, argued that being gay or researchers found no evidence that children of one man and one woman. relationships, “which ultimately will be good for lesbian is not, in itself, a factor in determining the lesbian mothers developed differently than chil The state’s lead witness was Dr. Kyle D. quality of parenting. society.” dren of heterosexual mothers. Pruett of Yale University’s School of Medicine During cross-examination, the state maintained “The indisputable evidence is that gay and On cross-examination by Wolfson, Williams and Yale Child Study Center. that Schwartz’s own data proved same-sex couples lesbian parents are as fit and loving as are hetero admitted he felt homosexuality was “morally Pruett, a psychiatrist, testified that “optimum sexual parents,” Foley said. are more likely to break up, and thus create more wrong” and that any sexual activity outside the development is best served for most children by He said expert witnesses called by both sides unstable homes for children. bonds of marriage was a sin. Williams said he did being raised by intact families by their mothers agreed that marriage increases the stability of the Schwartz dismissed that interpretation, say not believe in the theory of evolution, nor does he and fathers.” family and gives the relationship a positive social ing her findings indicate that it is the institution of support the Equal Rights Amendment. He testified that “in terms of probabilities,” status. marriage—or lack of marriage— which accounts The state’s fourth and final witness, Honolulu same-sex marriages would provide “a more bur Both sides may contribute additional written for variations in break-up rates, not the sexual psychologist Thomas Merrill, echoed the state’s dened nurturing domain.” materials through Oct. 25. Outside parties may orientation of the couples. main argument—that biological mothers and fa He added that biological parents “have an file briefs through Oct. 11. Other plaintiff witnesses included child psy thers are the best parents for children. He also instant kind of feeling for the child and are willing Whatever the outcome of the trial the fight will chologist Charlotte J. Patterson, an expert in the testified that there isn’t enough data to say whether to do anything for that baby.” return to the Hawaii Supreme Court, because both development of children raised by lesbians and children raised by gay men and lesbians will do as Plaintiffs’ co-counsel Evan Wolfson, senior sides have vowed to appeal. gay men or same-sex couples; Honolulu pediatri well as those raised by heterosexuals. staff attorney with the New York City-based Baehr vs. Miike was the stimulus for legisla cian Robert Bidwell, who stated he felt that chil Counsel for the plaintiffs responded by asking Lambda Legal Defense and Education Fund, cross- tion against legal recognition of gay and lesbian dren in gay and lesbian homes gain specific ben whether the lack of data involving children raised examined Pruett, getting the witness to admit that marriages, including the federal Defense of Mar efits from their households, learning about diver by interracial couples should justify banning those same-sex couples are as capable as heterosexuals riage Act signed into law in the wee hours on sity and gaining strength from the struggles of marriages. of being good parents, that gay men and lesbians Saturday, Sept. 21, by President Clinton. being different; and psychology professor David Merrill replied, “No.” should be allowed to adopt and provide foster care A , T D | Food The Way Mother Nature Intended Natural Deli Organic Produce Healthful Groceries Cruelty Free Personal Care Vitamins, Homéopathies, & Herbs Environmentally Safe Cleaning Products Food Front C o o p e r a t i ve G r o c e r y 2 3 7 5 N W Thurman St. Portland 222-5658