Robert Oscar Lopez

I was raised by lesbians, and I oppose gay marriage

Robert Oscar Lopez
By Robert Oscar Lopez
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Also read: Not all children raised by gay parents support gay marriage: I should know, I’m one of them

August 14, 2012 (thePublicDiscourse.com) - Between 1973 and 1990, when my beloved mother passed away, she and her female romantic partner raised me. They had separate houses but spent nearly all their weekends together, with me, in a trailer tucked discreetly in an RV park 50 minutes away from the town where we lived. As the youngest of my mother’s biological children, I was the only child who experienced childhood without my father being around.

After my mother’s partner’s children had left for college, she moved into our house in town. I lived with both of them for the brief time before my mother died at the age of 53. I was 19. In other words, I was the only child who experienced life under “gay parenting” as that term is understood today.

Quite simply, growing up with gay parents was very difficult, and not because of prejudice from neighbors. People in our community didn’t really know what was going on in the house. To most outside observers, I was a well-raised, high-achieving child, finishing high school with straight A’s.

Inside, however, I was confused. When your home life is so drastically different from everyone around you, in a fundamental way striking at basic physical relations, you grow up weird. I have no mental health disorders or biological conditions. I just grew up in a house so unusual that I was destined to exist as a social outcast.

My peers learned all the unwritten rules of decorum and body language in their homes; they understood what was appropriate to say in certain settings and what wasn’t; they learned both traditionally masculine and traditionally feminine social mechanisms.

Even if my peers’ parents were divorced, and many of them were, they still grew up seeing male and female social models. They learned, typically, how to be bold and unflinching from male figures and how to write thank-you cards and be sensitive from female figures. These are stereotypes, of course, but stereotypes come in handy when you inevitably leave the safety of your lesbian mom’s trailer and have to work and survive in a world where everybody thinks in stereotypical terms, even gays.

I had no male figure at all to follow, and my mother and her partner were both unlike traditional fathers or traditional mothers. As a result, I had very few recognizable social cues to offer potential male or female friends, since I was neither confident nor sensitive to others. Thus I befriended people rarely and alienated others easily. Gay people who grew up in straight parents’ households may have struggled with their sexual orientation; but when it came to the vast social universe of adaptations not dealing with sexuality—how to act, how to speak, how to behave—they had the advantage of learning at home. Many gays don’t realize what a blessing it was to be reared in a traditional home.

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My home life was not traditional nor conventional. I suffered because of it, in ways that are difficult for sociologists to index. Both nervous and yet blunt, I would later seem strange even in the eyes of gay and bisexual adults who had little patience for someone like me. I was just as odd to them as I was to straight people.

Life is hard when you are strange. Even now, I have very few friends and often feel as though I do not understand people because of the unspoken gender cues that everyone around me, even gays raised in traditional homes, takes for granted. Though I am hard-working and a quick learner, I have trouble in professional settings because co-workers find me bizarre.

In terms of sexuality, gays who grew up in traditional households benefited from at least seeing some kind of functional courtship rituals around them. I had no clue how to make myself attractive to girls. When I stepped outside of my mothers’ trailer, I was immediately tagged as an outcast because of my girlish mannerisms, funny clothes, lisp, and outlandishness. Not surprisingly, I left high school as a virgin, never having had a girlfriend, instead having gone to four proms as a wisecracking sidekick to girls who just wanted someone to chip in for a limousine.

When I got to college, I set off everyone’s “gaydar” and the campus LGBT group quickly descended upon me to tell me it was 100-percent certain I must be a homosexual. When I came out as bisexual, they told everyone I was lying and just wasn’t ready to come out of the closet as gay yet. Frightened and traumatized by my mother’s death, I dropped out of college in 1990 and fell in with what can only be called the gay underworld. Terrible things happened to me there.

It was not until I was twenty-eight that I suddenly found myself in a relationship with a woman, through coincidences that shocked everyone who knew me and surprised even myself. I call myself bisexual because it would take several novels to explain how I ended up “straight” after almost thirty years as a gay man. I don’t feel like dealing with gay activists skewering me the way they go on search-and-destroy missions against ex-gays, “closet cases,” or “homocons.”

Though I have a biography particularly relevant to gay issues, the first person who contacted me to thank me for sharing my perspective on LGBT issues was Mark Regnerus, in an email dated July 17, 2012. I was not part of his massive survey, but he noticed a comment I’d left on a website about it and took the initiative to begin an email correspondence.

Forty-one years I’d lived, and nobody—least of all gay activists—had wanted me to speak honestly about the complicated gay threads of my life. If for no other reason than this, Mark Regnerus deserves tremendous credit—and the gay community ought to be crediting him rather than trying to silence him.

Regnerus’s study identified 248 adult children of parents who had same-sex romantic relationships. Offered a chance to provide frank responses with the hindsight of adulthood, they gave reports unfavorable to the gay marriage equality agenda. Yet the results are backed up by an important thing in life called common sense: Growing up different from other people is difficult and the difficulties raise the risk that children will develop maladjustments or self-medicate with alcohol and other dangerous behaviors. Each of those 248 is a human story, no doubt with many complexities.

Like my story, these 248 people’s stories deserve to be told. The gay movement is doing everything it can to make sure that nobody hears them. But I care more about the stories than the numbers (especially as an English professor), and Regnerus stumbled unwittingly on a narrative treasure chest.

So why the code of silence from LGBT leaders? I can only speculate from where I’m sitting. I cherish my mother’s memory, but I don’t mince words when talking about how hard it was to grow up in a gay household. Earlier studies examined children still living with their gay parents, so the kids were not at liberty to speak, governed as all children are by filial piety, guilt, and fear of losing their allowances. For trying to speak honestly, I’ve been squelched, literally, for decades.

The latest attempt at trying to silence stories (and data) such as mine comes from Darren E. Sherkat, a professor of sociology at Southern Illinois University at Carbondale, who gave an interview to Tom Bartlett of the Chronicle of Higher Education, in which he said—and I quote—that Mark Regnerus’s study was “bulls**t.” Bartlett’s article continues:

Among the problems Sherkat identified is the paper’s definition of “lesbian mothers” and “gay fathers”—an aspect that has been the focus of much of the public criticism. A woman could be identified as a “lesbian mother” in the study if she had had a relationship with another woman at any point after having a child, regardless of the brevity of that relationship and whether or not the two women raised the child as a couple.

Sherkat said that fact alone in the paper should have “disqualified it immediately” from being considered for publication.

The problem with Sherkat’s disqualification of Regnerus’s work is a manifold chicken-and-egg conundrum. Though Sherkat uses the term “LGBT” in the same interview with Bartlett, he privileges that L and G and discriminates severely against the B, bisexuals.

Where do children of LGBT parents come from? If the parents are 100-percent gay or lesbian, then the chances are that the children were conceived through surrogacy or insemination, or else adopted. Those cases are such a tiny percentage of LGBT parents, however, that it would be virtually impossible to find more than a half-dozen in a random sampling of tens of thousands of adults.

Most LGBT parents are, like me, and technically like my mother, “bisexual”—the forgotten B. We conceived our children because we engaged in heterosexual intercourse. Social complications naturally arise if you conceive a child with the opposite sex but still have attractions to the same sex. Sherkat calls these complications disqualifiable, as they are corrupting the purity of a homosexual model of parenting.

I would posit that children raised by same-sex couples are naturally going to be more curious about and experimental with homosexuality without necessarily being pure of any attraction to the opposite sex. Hence they will more likely fall into the bisexual category, as did I—meaning that the children of LGBT parents, once they are young adults, are likely to be the first ones disqualified by the social scientists who now claim to advocate for their parents.

Those who are 100-percent gay may view bisexuals with a mix of disgust and envy. Bisexual parents threaten the core of the LGBT parenting narrative—we do have a choice to live as gay or straight, and we do have to decide the gender configuration of the household in which our children will grow up. While some gays see bisexuality as an easier position, the fact is that bisexual parents bear a more painful weight on their shoulders. Unlike homosexuals, we cannot write off our decisions as things forced on us by nature. We have no choice but to take responsibility for what we do as parents, and live with the guilt, regret, and self-criticism forever.

Our children do not arrive with clean legal immunity. As a man, though I am bisexual, I do not get to throw away the mother of my child as if she is a used incubator. I had to help my wife through the difficulties of pregnancy and postpartum depression. When she is struggling with discrimination against mothers or women at a sexist workplace, I have to be patient and listen. I must attend to her sexual needs. Once I was a father, I put aside my own homosexual past and vowed never to divorce my wife or take up with another person, male or female, before I died. I chose that commitment in order to protect my children from dealing with harmful drama, even as they grow up to be adults. When you are a parent, ethical questions revolve around your children and you put away your self-interest . . . forever.

Sherkat’s assessment of Regnerus’s work shows a total disregard for the emotional and sexual labor that bisexual parents contribute to their children. Bisexual parents must wrestle with their duties as parents while still contending with the temptations to enter into same-sex relationships. The turbulence documented in Mark Regnerus’s study is a testament to how hard that is. Rather than threatening, it is a reminder of the burden I carry and a goad to concern myself first and foremost with my children’s needs, not my sexual desires.

The other chicken-and-egg problem of Sherkat’s dismissal deals with conservative ideology. Many have dismissed my story with four simple words: “But you are conservative.” Yes, I am. How did I get that way? I moved to the right wing because I lived in precisely the kind of anti-normative, marginalized, and oppressed identity environment that the left celebrates: I am a bisexual Latino intellectual, raised by a lesbian, who experienced poverty in the Bronx as a young adult. I’m perceptive enough to notice that liberal social policies don’t actually help people in those conditions. Especially damning is the liberal attitude that we shouldn’t be judgmental about sex. In the Bronx gay world, I cleaned out enough apartments of men who’d died of AIDS to understand that resistance to sexual temptation is central to any kind of humane society. Sex can be hurtful not only because of infectious diseases but also because it leaves us vulnerable and more likely to cling to people who don’t love us, mourn those who leave us, and not know how to escape those who need us but whom we don’t love. The left understands none of that. That’s why I am conservative.

So yes, I am conservative and support Regnerus’s findings. Or is it that Regnerus’s findings revisit the things that made me conservative in the first place? Sherkat must figure that one out.

Having lived for forty-one years as a strange man, I see it as tragically fitting that the first instinct of experts and gay activists is to exclude my life profile as unfit for any “data sample,” or as Dr. Sherkat calls it, “bullshit.” So the game has gone for at least twenty-five years. For all the talk about LGBT alliances, bisexuality falls by the wayside, thanks to scholars such as Sherkat. For all the chatter about a “queer” movement, queer activists are just as likely to restrict their social circles to professionalized, normal people who know how to throw charming parties, make small talk, and blend in with the Art Deco furniture.

I thank Mark Regnerus. Far from being “bulls**t,” his work is affirming to me, because it acknowledges what the gay activist movement has sought laboriously to erase, or at least ignore. Whether homosexuality is chosen or inbred, whether gay marriage gets legalized or not, being strange is hard; it takes a mental toll, makes it harder to find friends, interferes with professional growth, and sometimes leads one down a sodden path to self-medication in the form of alcoholism, drugs, gambling, antisocial behavior, and irresponsible sex. The children of same-sex couples have a tough road ahead of them—I know, because I have been there. The last thing we should do is make them feel guilty if the strain gets to them and they feel strange. We owe them, at the least, a dose of honesty. Thank you, Mark Regnerus, for taking the time to listen.

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Robert Lopez is assistant professor of English at California State University-Northridge. He is the author of Colorful Conservative: American Conversations with the Ancients from Wheatley to Whitman. This year he will be publishing novels he wrote in the 1990s and 2000s. Reprinted with permission from thePublicDiscourse.com

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Banning reparative therapy for gay minors is ‘a form of child abuse’: former homosexual (Video)

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By Ben Johnson

SPRINGFIELD, IL, February 27, 2015 (LifeSiteNews.com) – Not only would Illinois legislators not be protecting children by enacting a ban on “conversion therapy,” they would be engaging in “a form of child abuse,” according to a man who left the homosexual lifestyle three decades ago.

Stephen Black of the Restored Hope Network told the Illinois Family Institute that reparative therapy helps minors who struggle with unwanted same-sex attraction.

While opponents have said that psychological counseling to reduce sexual attraction violates truth in advertising laws and borders on torture, Black described it as little more than “pastoral care for people who want to come out of homosexuality.”

The Conversion Therapy Prohibition Act (H.B. 217), introduced by Democratic State Rep. Kelly Cassidy, would ban such therapy for minors, subjecting medical professionals to discipline by the licensing or medical review board.

"It would be tragic not to allow someone to have self-determination," Black said. "It's a form of child abuse."

“You've got a teenager...[who] actually believes the Bible. He finds himself same-sex attracted,” Black said. “In the Bible...the loving thing to do is to repent, to turn away from this type of lifestyle.”

“Now, this legislation is going to come in and keep him from getting the help he wants,” Black said.

He added that such legislation undermines the family, which may wish to steer a child away from homosexuality – with its attendant higher risk of STDs, depression, and suicide.

Legislation such as H.B. 217 says that “government knows best,” according to Black, and “conflicts with religious liberties.”

He finds confirmation in an unlikely source – far-Left Democratic Congressman Ted Lieu of California. As a state senator, Lieu introduced the ban on reparative therapy, signed into law by Gov. Jerry Brown. Lieu said at the time, “The attack on parental rights is exactly the whole point of the bill.” Barack Obama endorsed Lieu in his successful race for U.S. Congress in 2014.

Stephen Black says he has benefited from reparative therapy himself. After converting to Christianity, he says he eventually left behind his homosexual attraction.

Today, he's a proud grandpa. And he says other teens should have that same opportunity.

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He knows society is quickly turning its back on traditional moral stands, but he and Restored Hope Network continue to uphold the Biblical standard on all sexual activity outside heterosexual marriage, however unpopular his view.

“It's not politically correct, but it's Biblically correct,” Black said.

The Illinois House rejected a similar ban last April. IFI and Concerned Women for America, among others, have asked citizens to urge elected officials to oppose the bill.  

(Story continues following video.)

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Mark Regnerus

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New research on same-sex households reveals kids do best with mom and dad

Mark Regnerus
By Mark Regnerus

February 27, 2015 (ThePublicDiscourse.com) -- A new study published in the February 2015 issue of the British Journal of Education, Society, and Behavioural Science appears to be the largest yet on the matter of same-sex households and children’s emotional outcomes. It analyzed 512 children of same-sex parents, drawn from a pool of over 207,000 respondents who participated in the (US) National Health Interview Survey (NHIS) at some point between 1997 and 2013.

Results reveal that, on eight out of twelve psychometric measures, the risk of clinical emotional problems, developmental problems, or use of mental health treatment services is nearly double among those with same-sex parents when contrasted with children of opposite-sex parents. The estimate of serious child emotional problems in children with same-sex parents is 17 percent, compared with 7 percent among opposite-sex parents, after adjusting for age, race, gender, and parent’s education and income. Rates of ADHD were higher as well—15.5 compared to 7.1 percent. The same is true for learning disabilities: 14.1 vs. 8 percent.

The study’s author, sociologist Paul Sullins, assessed a variety of different hypotheses about the differences, including comparative residential stability, experience of stigma or bullying, parental emotional problems (6.1 percent among same-sex parents vs. 3.4 percent among opposite-sex ones), and biological attachment. Each of these factors predictably aggravated children’s emotional health, but only the last of these—biological parentage—accounted for nearly all of the variation in emotional problems. While adopted children are at higher risk of emotional problems overall, being adopted did not account for the differences between children in same-sex and opposite-sex households. It’s also worth noting that while being bullied clearly aggravates emotional health, there was no difference in self-reported experience of having been bullied between the children of same-sex and opposite-sex parents.

Vocal critics, soon to emerge, will likely home in on the explanatory mechanism—the fact that two mothers or two fathers can’t possibly both enjoy a biological connection to a child—in suggesting the results of the study reveal nothing of value about same-sex households with children. On the contrary, the study reveals a great deal. Namely, there is no equivalent replacement for the enduring gift to a child that a married biological mother and father offer. It’s no guarantee of success. It’s not always possible. But the odds of emotional struggle at least double without it. Some critics might attribute the emotional health differences to the realities of “adoption by strangers,” but the vast majority of same-sex couples in the NHIS exhibited one parent with a biological relationship with the child.

Even research on “planned” same-sex families—those created using assisted reproductive technology (ART)—reveals the significance of biological ties. Sullins notes such studies

have long recognized that the lack of conjoined biological ties creates unique difficulties and relational stresses. The birth and non-birth mother . . . are subject to competition, rivalry, and jealousy regarding conception and mothering roles that are never faced by conceiving opposite-sex couples, and which, for the children involved, can result in anxiety over their security and identity.

The population-based study pooled over 2,700 same-sex couples, defined as “those persons whose reported spouse or cohabiting partner was of the same sex as themselves.” This is a measure similar to that employed in the US Census, but it has the advantage of clarity about the sexual or romantic nature of the partnership (being sure to exclude those who are simply same-sex roommates). Among these, 582 had children under 18 in the household. A battery of questions was completed by 512 of them.

Lies, Damned Lies, and Statistics

This is not the first time the NHIS data have been used to analyze same-sex households and child health. A manuscript presented at the 2014 annual meeting of the Population Association of America assessed the same data. Curiously, that manuscript overlooked all emotional health outcomes. Instead, the authors inquired only into a solitary, parent-reported measure of their “perception of the child’s overall health,” a physical well-being proxy that varies only modestly across household types. Hence, the authors readily concluded “no differences.”

I’m not surprised.

This juxtaposition provides a window into the state of the social science of same-sex households with children. Null findings are preferred—and arguably sought—by most scholars and journal editors. Indeed, study results seem to vary by author, not by dataset. It is largely a different approach to the presentation of data that distinguishes those population-based studies hailed by many as proof of “no differences” from those studies denounced by the same people as “junk science.”

In fact, population-based surveys of same-sex households with children all tend to reveal the same thing, regardless of the data source. It’s a testimony to the virtues of random sampling and the vices of relying on nonrandom samples, which Sullins argues—in another published study—fosters “a strong bias resulting in false positive outcomes . . . in recruited samples of same-sex parents.” He’s right. Published research employing the New Family Structures Study (NFSS), the ECLS (Early Childhood Longitudinal Study), the US Census(ACS), the Canadian Census, and now the NHIS all reveal a comparable basic narrative, namely, that children who grow up with a married mother and father fare best at face value.

The real disagreement is seldom over what the data reveal. It’s how scholars present and interpret the data that differs profoundly. You can make the children of same-sex households appear to fare fine (if not better), on average, if you control for a series of documented factors more apt to plague same-sex relationships and households: relationship instability, residential instability, health and emotional challenges, greater economic struggle (among female couples), and—perhaps most significantly—the lack of two biological connections to the child. If you control for these, you will indeed find “no differences” left over. Doing this gives the impression that “the kids are fine” at a time when it is politically expedient to do so.

This analytic tendency reflects a common pattern in social science research to search for ‘‘independent’’ effects of variables, thereby overlooking—or perhaps ignoring—the pathways that explain how social phenomena actually operate in the real world. By way of a helpful comparison, I can state with confidence that after controlling for home ownership, residential instability, single parenthood, and neighborhood employment levels, there is no association between household poverty and child educational achievement. But it would be misleading to say this unless I made it clear that these were the pathways by which poverty hurts educational futures—because we know it does.

The academy so privileges arguments in favor of same-sex marriage and parenting that every view other than resounding support—including research conclusions—has been formally or informally scolded. I should know. The explosive reaction to my 2012 research about parental same-sex relationships and child outcomes demonstrates that far more is at work than seeking answers to empirical research questions. Such reactions call into question thepurpose and relevance of social science. Indeed, at least one sociologist holds that social science is designed “to identify and understand the various underlying causal mechanisms that produce identifiable outcomes and events of interest.” That this has not been the case with the study of same-sex households raises a more basic question.

Is the point of social science to win political arguments? Or is its purpose to better understand social reality?

What to Expect from a Topic Emerging from Its Infancy

One byproduct of better data—or perhaps the smell of impending victory by proponents of civil same-sex marriage in America—may be greater intellectual honesty about such relationships. Indeed, researchers have admitted the tendency to downplay “any inequities between same-sex partners . . . in part because of the dominant mantra that same-sex couples are more equal than different sex couples.”

It’s not the only consequential admission. Scholars are increasingly—and openly—squabbling over the nature of sexual orientation itself, signaling the comparative infancy of the social science here. Moreover, there’s a good deal of sexual identity switching being reported among young adults, a fact that does not comport with a honed narrative of immutability.

So should scholars trust self-reported sexual orientations? If people report something different a few years later, should we attribute this to their malleable sexuality or consider them heterosexual “jokesters” bent on messing with survey administrators? It is profoundly ironic that social scientists make strong social constructionist arguments about nearly everything except sexual orientation.

Stanford demographer Michael Rosenfeld’s survey project How Couples Meet and Stay Together (HCMST) reveals that while only 3 percent of heterosexual married persons reported being “at least sometimes attracted” to persons of a gender other than the gender of their current partner in the past year, the same was true of 20 percent of men in same-sex relationships and 33 percent of women in same-sex relationships. While the malleability of self-identified lesbian women is now taken for granted among social scientists of sexuality, the one-in-five figure among men in gay relationships is higher than most would guess.

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In keeping with the data, expect those robust legal arguments leaning on the immutability of sexual orientation to bleed out within the next five years. Indeed, sociologists have never been fans of such biological essentialism, but have kept their mouths shut out of a sense of political duty to a movement they helped birth. No more.

Social scientists will soon wrestle with, rather than overlook, the elevated levels of poverty among well-educated lesbian women in America (as seen in the ACS, NFSS, NHIS, and HCMST). Until now, scholars predictably elected to employ income as a control variable in their studies of child and adult life outcomes, enabling them to avoid confronting the reasons for the unprecedented negative association of education with income among the population of same-sex female couples. Here again, it’s not been about understanding but about winning political battles.

We will also learn much more about the relationship stability distinctions that are common in the data between gay and straight parents. Unpublished research exploring the stability rates of same-sex and opposite-sex couples using data from yet more population-based surveys finds that claims about thecomparability of same-sex and heterosexual couple stability (again, after a series of controls) are actually limited to couples without children. For couples with children, the dissolution rate for same-sex couples is more than double that of heterosexual couples. What remains unknown yet is whether this difference is an artifact that will disappear with legal marriage rights. I doubt it, given that same-sex relationships are distinctive in other ways, too. But it’s an empirical question.

As it turns out, the NFSS was not unique. It was simply more transparent than most datasets and offered a clearer glimpse into the messy reality of many Americans’ household histories. It did the work social science was intended to do—to richly describe and illuminate—but in so doing invited unprecedented hostility.

On a Thursday morning in late June 2015, Americans will be treated to the Court’s decision about altering an institution as old as recorded human history. But one thing that day will not change is the portrait of same-sex households with children. After a series of population-based data-collection projects, we know what that looks like: a clear step down, on average, from households that unite children with their own mother and father.

Biology matters—as new research released this week confirms—and no amount of legislation, litigation, or cheerleading can alter that. Whether the high court will elect to legally sever the rights of children to the security and benefits of their mother's and father’s home is anyone’s guess.

Reprinted with permission from The Witherspoon Institute. 

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Michael Stokes Paulsen

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The case for imposing gay ‘marriage’ is remarkably similar to that for slavery. But can the GOP produce a new Abe Lincoln?

Michael Stokes Paulsen
By Michael Stokes Paulsen

February 27, 2015 (ThePublicDiscourse.com) -- No, of course Old Abe never said a lick about same-sex marriage. The idea would have been unheard of in the 1850s—or even the 1950s. The issue of Lincoln’s day was slavery—in particular, the extension of that peculiar institution into federal territories and even into free states. But in connection with the slavery issue, Lincoln had plenty to say about the use and abuse of judicial authority to propagate social policy and about the dangers of judges usurping legislative authority. The man whose birth we honored two weeks ago thus spoke, indirectly, to one of the central controversies of our own era, and to a case pending before the Supreme Court right now.

Lincoln’s specific concern was the expansion of slavery into federal territories, mandated by the Supreme Court’s horrendous decision in Dred Scott v. Sandford, in 1857. Lincoln warned of the prospect of a “second Dred Scott” decision following on the heels of the first, mandating the extension of slavery into (formerly) “free” states where the institution of slavery was banned, like Illinois. “We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free,” Lincoln intoned, in the famous House Divided speech launching his (unsuccessful) 1858 campaign for Senate, “and we shall awake to the reality, instead, that the Supreme Court has made Illinois slave State.”

The logic of the Dred Scott case, Lincoln argued, would seem to imply that no state could deny recognition to the property rights of slaveholders coming from another state. Dred Scott had held that a right to own slave property, conferred by the laws of a slave state, bound the federal government, in administering federal territories that had not yet become states. Federal law could not ban slavery in the territories, for that would unfairly and unconstitutionally deprive slave-owners of a benefit they had possessed under state law, and thus deny them “due process of law.”

However convoluted and unpersuasive the Court’s reasoning, Lincoln recognized the implications of its logic: if the federal government had to recognize slavery as a result of some states’ laws, how could a free state (like Illinois) deny recognition to slave status conferred by a slave state’s laws (like Missouri’s)?

A House Divided

Lincoln warned that politicians and judges, like builders working according to a common plan, were preparing the framework to make slavery the uniform national rule: “Put that and that together, and we have a nice little niche, which we may, ere long, see filled with another Supreme Court decision, declaring that the Constitution of the United States does not permit a state to exclude slavery within its limits.” And once that had happened, a state could scarcely deny to all citizens of a state the same “constitutional right” to the institution of slavery that it had to recognize to newcomers or travelers from slave states. A case presenting exactly these issues was kicking around in the New York courts, and seemed at the time destined to make it to the US Supreme Court, presenting the perfect opportunity for such a second Dred Scott.

“A house divided against itself cannot stand,” Lincoln said, quoting Jesus. Lincoln did not expect the house to fall, but he did expect that “it will cease to be divided. It will become all one thing, or all the other.” The only way to prevent slavery from becoming the national rule was to resist the decision of the Supreme Court and to seek to prevent its extension—to “meet and overthrow the power of” the “political dynasty” that was seeking to extend slavery to the entire nation.

Lincoln lost that Senate campaign to the incumbent Stephen Douglas, but then beat Douglas in a rematch two years later, this time for the presidency. The rest, as they say, is history: southern states revolted against what they considered a revolting, lawlessly antislavery president; Lincoln considered it his constitutional duty to maintain the Union, faithfully execute the laws, and put down the rebellion; and during a four-year bloody Civil War that tragically claimed 620,000 lives—more than all of America’s other wars combined—Lincoln found it necessary to proclaim the emancipation of slaves held in the states in rebellion. The Thirteenth Amendment, abolishing slavery throughout the nation, was proposed by Congress 150 years ago this month, and Lee surrendered to Grant 150 years ago this April. Barely a week after that, Lincoln was killed by an assassin’s bullet—having seen, but never entered, the promised land of a nation free of slavery.

Parallels between Dred Scott and Windsor

So what does all this have to do with same-sex marriage? A lot. Two years ago, in the contrived test case of Windsor v. United States, a bare majority of Supreme Court justices held that a legal status conferred by state law had to be recognized within the federal sphere. The court held that to deny such a status, as federal law did, violated the Due Process Clause of the Fifth Amendment.

In legal form and substance, the decisions in Windsor and Dred Scott are surprisingly parallel. Windsor involved a same-sex marriage that was recognized by the state of New York but not recognized by the federal government due to the Defense of Marriage Act (DOMA). The Court held that DOMA denied “due process of law” because it withheld federal recognition to a state-law legal status. That is exactly the same thing the Court did in Dred Scott. Instead of marriage, Dred Scott involved the status of slavery, which was recognized by the state of Missouri, but not by federal law in federal territory. Scott’s master, a captain in the army, had taken Scott to Fort Snelling, in the free federal territory of present-day Minnesota. The federal Missouri Compromise of 1820 banned the status of slavery in federal territory north of a designated line. Dred Scott held that the Missouri Compromise denied “due process of law” because it withheld federal recognition to a state-law legal status. That is just what Windsor did with respect to DOMA.

In both Dred Scott and Windsor, the Court’s legal analysis was transparently result-oriented: the justices wanted a particular result, and manipulated the law to reach the outcome they thought preferable as a social-policy matter. In both cases, the majority’s “reasoning” wanders aimlessly before finally settling into the same oft-discredited judicial invention of “substantive due process”—the idea that it is simply morally wrong, or mean, for a democracy to deny a legal right or status conferred under the law of a different jurisdiction. In both cases, the majority opinions were subject to devastating dissents, and they produced greatly divided public reaction. It is hard to avoid the conclusion that Dred Scott and Windsor are two peas from the same judicial-activist pod.

A Second Windsor?

Lincoln warned that there could be a “Second Dred Scott” making slavery national. “Such a decision is all that slavery now lacks of being alike lawful in all the States. Welcome or unwelcome, such decision is probably coming.”

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Could there be a “Second Windsor” making same-sex marriage national?

Quite possibly yes. A case is now pending before the Supreme Court asking whether four states—Ohio, Michigan, Kentucky, and Tennessee—acted unconstitutionally by not recognizing the status of same-sex marriages under their laws. Some of the plaintiffs are same-sex partners who were married under the laws of other states before moving to a state not recognizing such status. Other plaintiffs seek simply to be married in their home states, the laws of which limit marriage to opposite-sex couples.

Just as with Dred Scott and slavery, the logic of Windsor does not quite require extension to invalidate the laws of every state that denies same-sex marriage status. But an argument will be made that it does. The reasoning of Windsor is that it was gratuitously and indefensibly mean, and therefore unconstitutional, for the federal government to deny recognition to a same-sex marriage recognized under state law. Just as Lincoln asked with respect to Dred Scott, how likely is it the Court will say that a state can then deny to other state’s citizens, or even to its own, the status of same-sex marriage? “Put that and that together,” as Lincoln said, “and we have another nice little niche” for the next Supreme Court decision.

Same-sex marriage is obviously an entirely different social institution than slavery. Reasonable and honorable people today disagree about whether the traditional view of marriage as a conjugal and intrinsically male-female union should be abandoned for an understanding of marriage as embracing any sexual-romantic bond into which two (or more) people might enter. Nobody today disagrees about slavery.

But that is not the point. The point is that, in the structure and logic of the legal arguments made for judicial imposition of an across-the-board national rule requiring every state to accept the institutions, the two situations appear remarkably similar.

If recent lower court opinions on marriage are any guide, the judicial winds may be blowing on the marriage question in the same direction Lincoln seemed to perceive them blowing on the question of extending slavery into northern states by judicial decree. (Lincoln’s prediction probably would have proved right had he not been elected president.) As with slavery in the 1850s, so too with same-sex marriage in 2015: the house very likely will soon cease to be divided. I wouldn’t want to say it’s inevitable, but it is certainly possible that a Second Windsor is coming.

Will the Republican Party produce another Lincoln to stand against it?

Reprinted with permission from The Witherspoon Institute

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