The Least of These: Marriage Discrimination Harms Children

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  The Least of These: Marriage Discrimination Harms Children

Some feel that marriage must remain an institution only open to heterosexual couples, claiming that it is designed to foster child-bearing and child-rearing. While stable marriages do provide support for children, we must question the universal application of this argument. No heterosexual couples are denied the right to marry simply because they are incapable of – or simply do not desire to – have children. The institution of legal marriage offers partners the freedom to provide for each other in life and in death – whether or not they have children.

 

While many claim that denying same-sex couples the right to marry protects children, just the opposite is true. Denying the stability of legal marriage to families headed by same-sex couples means we as a society fail to protect “the least of these” –our children. 

Nationally, 61% of Black households headed by female same-sex couples are raising children, as are 46% of Black male same-sex couples.

 

California law already recognizes families headed by same-sex couples in adoption, foster parenting, child custody, and parentage.

However, the children in these families are denied the protections available to children of married parents because the government refuses to grant their parents a marriage license.

Marriage protects the economic interests of children by providing an economic safety net to their families, and to the children themselves. For instance:

 

• Children who have a legalized relationship with both parents have automatic and undisputed access to the resources, benefits and entitlements of both parents.

 

• Married couples do not have to incur any expenses, legal or otherwise, to ensure that both parents have the right to make important medical decisions for their children in case of emergency.

 

• The children of legally married couples are automatically eligible for health benefits from both parents, as well as child support and visitation from both parents in the event of separation.

 

• If one of the parents in a marriage dies, the law provides financial security not only for the surviving spouse, but for the children as well, by ensuring eligibility to all appropriate entitlements, such as Social Security survivor benefits.

 

• The parents’ marriage allows children to receive health benefits under an employer’s family plan and to take leave to care for one another in case of illness.

 

The love and care exhibited by individuals who self-define as family should not be legally rejected by society. Such rejection does nothing to strengthen our own families. When we overcome this, we will be much closer to creating a society which truly cares for “the least of these.”