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Same-Sex Marriage and ChildrenA Tale of History, Social Science, and Law$
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Carlos A. Ball

Print publication date: 2014

Print ISBN-13: 9780199977871

Published to Oxford Scholarship Online: June 2014

DOI: 10.1093/acprof:oso/9780199977871.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 26 May 2022

Sexual Orientation and Parenting

Sexual Orientation and Parenting

(p.83) 4 Sexual Orientation and Parenting
Same-Sex Marriage and Children

Carlos A. Ball

Oxford University Press

This chapter explores the relevance of the social science literature on the children of lesbians and gay men to the question of whether same-sex marriages bans are constitutional. The chapter explains why, given that literature's findings, it is constitutionally untenable to raise concerns about children's psychological adjustment and social functioning in defending same-sex marriage bans. Although most studies have concluded that there is no association between parents' sexual orientation and children's gender role development and sexual orientation, a minority of studies have suggested that some differences may exist in these measures between the children of lesbian and gay parents and children of heterosexual parents. However, even if these differences could be shown to exist conclusively, they would be constitutionally irrelevant in defending same-sex marriage bans because the government does not have a legitimate interest in promoting particular forms of gender role development and sexual orientation among adults or children.

Keywords:   same-sex marriage bans, social science literature, psychological adjustment, social functioning, gender role development, sexual orientation

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