What happened to the 14th Amendment rights of children of gay couples?

Robert Oscar Lopez has done it again.

This son of gay parents, this California English professor willing to endure scorn and abuse for being politically incorrect, has shaken our presumptions again.

This time it is our thinking about the 14th Amendment, the most-cited Amendment in litigation today, and particularly in litigation supporting gay marriage.

The 14th Amendment forbids states from denying to any person “due process of law” and “equal protection of the laws.”

Most gay marriage supporters have used the 14th amendment to support the right of gay persons to marry and have children.  But Lopez argues that the more compelling right is that of children to have a mother and a father.

The legal process enshrining gay marriage has failed to give to children of gay parents  their “redress of grievances,” “equal protection,” and the “due process” which they deserve.

Lopez argues: “There is a much stronger historical basis behind the notion of a Fourteenth Amendment right of children to their mother and their father (the work of David Upham is useful here), than there is behind the notion of the Fourteenth Amendment’s guaranteeing children to people who want them but who do not want to build homes that include the necessary male-female diversity to conceive children.”

Furthermore, there is extensive documentation of the harm which gay marriage has done to children.

“[There is a] new body of evidence, which includes not only our personal testimonies but also large-scale sociological data published in peer-reviewed journals, [which] casts serious doubt on the supposedly unquestioned consensus from professional researchers about the benign nature of same-sex parenting. Between 2013 and 2015, new studies were published by Douglas Allen of Simon Frasier University and D. Paul Sullins of Catholic University, which drew from broad population samples and debunked the “no harm” consensus of same-sex parenting. Moreover, in Jephthah’s Daughters: Innocent Casualties in the War for Family “Equality” B.N. Klein and I provided 550 endnotes and documented seventy confirmed cases of same-sex parenting in which there were clear losses and harms done to children. That book was published in February 2015, and cited in the March 27, 2015, brief.”

For Lopez’ complete argument, click here.