Below you will find Prince’s research excerpts titled, “12a – Protect the Children.” You can view other topics here.
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12a – Protect the Children
1001:
“My November 12, 1996 Memo focuses on possible legislation to protect marriage from the movement to legalize same-sex marriage or domestic partnership. However, there is another gay-lesbian family law initiative that actually has progressed much further in American jurisdictions than the same-sex marriage initiative. That is the demand for ‘equal rights’ for homosexual parents in custody, adoption, and assisted procreation. I believe that it would be wise to enact legislation protecting the presumption that it is in the best interest of children to be raised by a heterosexual parent or parents (when a competing claimant is homosexual).…
Custody and adoption cases, on the other hand, are decided case-by-case, and usually involve the application of judge-made legal doctrines or judicial precedents interpreting general statutory custody guidelines. Changes in custody, adoption and persistent procreation laws or doctrines can be effected by judicial decision much more readily than marriage law reform. And the changes can be implemented gradually, by a case here, another precedent there, bit by bit over a few years.
Advocates of gay and lesbian parenting have already achieved a significant amount of success in case-by-case law reform litigation in many American states, establishing by precedent new rules that make it much easier for gay and lesbian parents to win custody in contests with their non-homosexual former spouses. Gay and lesbian litigating organizations have developed expertise in litigating these kinds of cases, and their successes are transported from one case to the next, from one jurisdiction to another.…
In my opinion, the trend of the law in United States generally including here in Utah is toward the establishment of a presumption that the homosexual behavior of the parent generally is not a relevant factor to consider in awarding custody, visitation, for adoption, assisted procreation, etc.…
The detriment of homosexual (or extramarital behavior) of a parent may take years before it is manifest. By requiring a parent to prove harm, the trend of cases/ALI [American Law Institute] rule is biased in favor of the homosexual parent because it puts the matter in present tense—focusing exclusively on the immediate rather than considering the future. It is structured to ignore the area[,] child development[,] in which the greatest harm is likely to occur and be manifest.…
Ironically, in the USA where there is substantial opposition to same-sex marriage, courts have gone further to allow same-sex couples to adopt, assert custody and visitation rights, and to use assistive procreation technology to produce children for the homosexual couple then anywhere in Europe.…
In light of the foregoing, I suggest that it would be prudent for states to enact legislation protecting the presumption that it is in the best interests of children to be raised by non-homosexual parent(s). I propose (as a rough draft only) perhaps the following:
In all cases concerning the adoption, custody, and guardianship of a minor, it shall be presumed, unless it is otherwise shown by a clear preponderance of the evidence, that it is in the best interests of the child to be raised by a parent or parents who do not engage in homosexual {alternative – extramarital sexual} activity. This factor, however, is not the only factor relevant to determining the best interests of a child.
Forgetting this provision and acted, it probably would be wise to combine this proposal with the proposed same-sex marriage legislation, and present the whole as a defense of marriage and family {or parenting} act. Presented alone, this issue will be more difficult to promote cleanly.… Dozens of lesbian mothers and even some gay fathers come forward to testify about what good parents they have been. And they can do so well. While most same-sex couples who say ‘look at us’ are not very appealing to Americans generally, a good lesbian mother or conscientious homosexual father will be much more appealing.… Finally, and perhaps most problematically, whether the proposal addresses solely ‘homosexual activity’ or states explicitly ‘extramarital sexual activity,’ the connection is obvious and the clear implication is that all improper sexual activity presumably has detrimental effects on children. That implication may threaten and disturb many people (especially of the ‘baby boom’ generation) who grew up believing (consciously or unconsciously because of their sexual self-satisfying conduct) in the sexual liberation movement. If the line is drawn almost anywhere (a line that says the sexual conduct for consenting adults is harmful to others, especially children) it may hit uncomfortably close to ‘home’ for many people. Thus, I expect that many people who would agree that same-sex marriage should not be permitted would not yet be prepared to support a proposal that suggests that private adult consensual sexual behavior has harmful effects on children.
It is noteworthy that most states (effectively all states) now take the position that extramarital heterosexual activity is presumed to be irrelevant in custody disputes unless shown otherwise (the burden of proof is on the faithful parent to show harm to the children from extramarital behavior of the adulterous parent – rarely attempted successfully). Thus, the developing case law/proposed ALI rule fits comfortably into the existing ‘adult sexual behavior doesn’t really hurt kids’ mentality of custody law. So much for the laws (our society’s, or at least our law-making elite’s) commitment to the ‘best interests of children.’” (Lynn D. Wardle, “Need to protect nonhomosexual parents and children in custody and adoption litigation – another legislative proposal,” Memo to HLM Committee, November 21, 1996)
1078:
“Enclosed is a copy of a law review article I wrote that was recently published. It is entitled The Potential Impact of Homosexual Parenting on Children.…
I begin with a review and criticism of law review literature addressing the subject, pointing out that by the middle of 1996 all of the approximately 90 articles, notes, essays, comments published in law reviews that addressed the subject were favorable toward homosexual parenting. Next, I review the ‘scientific studies’ that are used to support homosexual parenting claims. Most of those studies assert that homosexual behavior has no adverse effect on child rearing. I point out that most of the studies are methodologically flawed. I also note some of the potential harm for children from homosexual parenting, and review some of the advantages of dual gender parenting for children.” (Lynn D. Wardle to Loren C. Dunn, October 31, 1997)
3148:
“This campaign to legalize same sex marriage is nothing less than a modern attack on the future of America. It is cloaked in terms of ‘tolerance’ for ‘lifestyle choices,’ but the assault is nothing less than an attempt to drain the concept of marriage of all principled meaning; to make marriage merely a ‘personal’ notion devoid of the social content.
To win this social war being waged on us, those advocating same sex marriage must convince Americans that the institution of marriage has nothing to do with childbearing and child rearing.…
Alternative marital relationships, which by definition sever marriage from child bearing and child rearing, are fraught with profound difficulties. Stripped of its place as the legally protected and socially desirable environment for having and rearing the rising generation, marital relationships would become nothing more than mutually agreeable sexual or emotional unions.…
Once the principled line is abandoned that now separates sexual activity with the possibility of procreation from any and all other sexual activity, we are left with nothing more than sex as a purely sensory experience.…
Finally, a wealth of social science data, much too voluminous to even summarize in this article, demonstrates that dual-gender parenting is essential to the successful social, emotional and civic development of children.” (Richard Wilkins, “Legalizing Same-Sex Marriage: A Modern Attack on the Future of America,” Meridian magazine, June 17, 2002) [NOTE: WHERE WAS THIS “WEALTH OF SOCIAL SCIENCE DATA” WHEN THE PROP 8 TRIAL OCCURRED IN 2010?]