Silhouette
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- Jul 15, 2013
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- #381
As all parties agree, many same-sex couples provide loving and nurturing homes to their children, whether biological or adopted. And hundreds of thousands of children are presently being raised by such couples. See Brief for Gary J. Gates as Amicus Curiae 4. Most States have allowed gays and lesbians to adopt, either as individuals or as couples, and many adopted and foster children have same-sex parents, see id., at 5. This provides powerful confirmation from the law itself that gays and lesbians can create loving, supportive families.
Excluding same-sex couples from marriage thus conflicts with a central premise of the right to marry. Without the recognition, stability, and predictability marriage offers, their children suffer the stigma of knowing their families are somehow lesser. They also suffer the significant material costs of being raised by unmarried parents, relegated through no fault of their own to a more difficult and uncertain family life. The marriage laws at issue here thus harm and humiliate the children of same-sex couples. See Windsor, supra, at ___ (slip op., at 23).
I can guarantee Kennedy that dismantling marriage to strip a child of either a mother or father for life will result in people KNOWING their families are lesser. Less in fact the missing mother or father. That embarrassing and stark void will now have a label on it shoving it even closer in the faces of the stunned and shocked.
He fucked up on this one. And Scalia is dead because of it IMHO. Polygamists and incest groupings also are providing 'loving homes' for children. Why are they left out? Scalia knew. He knew. And it's why he called this one of the most damaging cases he's ever known of or seen in his career. It sent a torpedo right straight to the heart of how we have raised children to value their mothers AND fathers.