Sunday, February 1, 2026

'Obergefell' Has Harmed Children

 From The Federalist:

Justice Anthony Kennedy, author of the Obergefell majority opinion, wrote that same-sex couples needed to be afforded the “constellation of benefits” that marriage provided. The last 10 years have proved that children are among those so-called “benefits.” Thus, in the name of constitutional rights, the law had to accomplish what biology prohibits: making two same-sex adults the parents of a child. That legal mandate has reshaped family law in sweeping ways: parenthood statutes have been stripped of sexed terms, regarding mothers and fathers as interchangeable “parents;” infertility has been reclassified so that same-sex couples can deliberately produce motherless or fatherless children with the help of insurance subsidies; birth certificates have been altered to legally exclude a child’s biological parent; new parentage pathways have been created that bypass both biological and adoptive safeguards; genetic parenthood has been downgraded as just one option among many; procreation has been stripped of its unique social value within adult partnerships.

 Obergefell did not merely extend legal recognition to same-sex couples, it was a legal change that is incongruent with any familial distinctions that had, for centuries, grounded marriage and parenthood in both common law and biological reality. These are not mere academic shifts. They are foundational changes in how the law and culture understand the human family, with real consequences for children. When familial distinctions are erased, children become items to be awarded by state-enforced contract. (Read more.)


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