Eagle Forum Legislative Alerts

Tuesday, March 26, 2013

Boies argues for gay marriage

Lawyer David Boies is arguing for same-sex marriage at the US Supreme Court, and he gave his argument on NBC TV Meet the Press:
At the very beginning of this case, we said we needed to prove three things. We needed to prove, first, that marriage was a fundamental right. And I think we did that, and even the defendants agreed with that, because the Supreme Court has ruled that 14 times in the last 100 years.

Second, we needed to prove that depriving gay and lesbian citizens of the right to marry seriously harmed them, and seriously harmed the children that they were raising. And we proved that too, not only through our witnesses but through the defense witnesses. ...

But we believe that, even if you simply apply the rational basis test, there is no rational basis to justify this ban. And that's because of the third thing that we proved, which was that there was no evidence, none, that allowing gays and lesbians to marry harms the institution of marriage or harms anyone else. ...

And I think one of the things that's important is that the evidence is that having a loving couple that are married is great for children. Everybody agreed with that. But the evidence is that's true whether it's a gay couple or a straight couple. And it's true whether it's an adopted couple or a biological couple. ...

That's the evidence. The evidence is absolutely clear that, if you have a loving, adopted couple, it is no worse off at all than a biological couple.
No, he did not prove any of those things. All of the studies show that kids do best with their natural parents. Nor does he consider the major ramifications of same-sex marriage.

There is an incompatibility between these three legal concepts: (1) Lesbian marriage; (2)The mom’s spouse is the presumed father of any child born to a marriage; and (3) The DNA father has a constitutional claim to parental rights.

California and other states are coming to the conclusion that the best way to resolve this dilemma is to let family court judges declare that the kid has three or more legal parents, based on the judge's personal opinion about the best interest of the child.

The marriage cases before the US Supreme Court do not involve any kids. The judges are considering a grand social experiment without considering the consequences.

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