Tag Archives: queer families

FactCheck: are children ‘better off’ with a mother and father than with same-sex parents?

Jennifer Power, La Trobe University

(Australian) Liberal MP Kevin Andrews, interviewed on Sky News, August 13, 2017. YouTube

Optimally, you’ve got the input from both [a mother and a father] and the children brought up in those circumstances are, as a cohort, better off than those who are not.

… whether it’s in terms of health outcomes, mental health, physical health, whether it’s in terms of employment prospects, in terms of how this is generated from one generation to another, the social science evidence is overwhelmingly in one direction in this regard.

– Liberal MP Kevin Andrews, excerpts from an interview on Sky News, August 13, 2017.

Public campaigns for and against same-sex marriage have been heightened by the Turnbull government’s plan to conduct a $122 million voluntary postal survey asking the nation whether same-sex couples should be able to marry under Australian law.

Discussing his opposition to same-sex marriage during an interview on Sky News, Liberal MP Kevin Andrews said children who are brought up with a mother and a father “are, as a cohort, better off than those who are not”.

Andrews also said the “social science evidence is overwhelmingly in one direction in this regard”.

Let’s look at the research.

Checking the source

When asked for sources to support his statements, a spokesperson for Kevin Andrews told The Conversation:

Mr Andrews wrote a book called “Maybe I Do”. You might also like to look at the 2011 report, For Kids’ Sake, by Professor Patrick Parkinson of the University of Sydney and studies by Douglas Allen (2015) in Canada and Paul Sullins (2015) in the US.

Verdict

Kevin Andrews’ assertion that children who are brought up with a mother and father are, “as a cohort, better off than those who are not” is not supported by research evidence.

The majority of research on this topic shows that children or adolescents raised by same-sex parents fare equally as well as those raised by opposite-sex parents on a wide range of social, emotional, health and academic outcomes.

Response to Kevin Andrews’ sources

First of all, let’s look at the sources provided by Andrews’ spokesperson to support his statements. A summary of Kevin Andrews’ book on the National Library of Australia website says it:

reviews the evidence on the benefits of marriage for society, children, and adults. It argues that healthy, stable, and happy marriages are the optimal institution for promoting individual well being and healthy societies.

It’s true that there is a large body of evidence to show that stability in marriage and family life is beneficial for children, particularly in early childhood. Some research has shown that these benefits are associated with higher average income and education levels among married couples, rather than marriage itself.

But these studies didn’t involve comparisons between opposite-sex and same-sex married couples, so they do not defend the argument that heterosexual marriage leads to better outcomes for children than same-sex marriage. In fact, some research suggests same-sex marriage would provide benefits for children being raised in these families.

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Patrick Parkinson’s report, For Kid’s Sake, links rising rates of divorce, family conflict and instability in parental relationships with increasing psychological distress among young people in Australia. One of Parkinson’s conclusions was that:

the most stable, safe and nurturing environment for children is when their parents are, and remain, married to one another.

There are studies that support these assertions. This research supports the importance of family stability, quality relationships between parents and children, and the need for access to socioeconomic resources – but not the need for parents to be heterosexual.

Douglas Allen’s 2015 paper is a critical, but not systematic, review of more than 60 studies relating to same-sex parenting and/or child outcomes. This paper does not present findings related to child outcomes.

Rather, Allen says that, due to sampling bias and small sample sizes in the existing body of work, there is currently no conclusive scientific evidence demonstrating that children raised by same-sex couples do better or worse than children raised by heterosexual couples.

Andrews’ spokesperson also pointed to 2015 research from Paul Sullins. Sullins’ 2015 analysis of data from the US National Health Interview Survey indicated that children raised by same-sex parents were more than twice as likely to experience emotional problems than those raised by heterosexual, married parents who were biologically related to their children. But this analysis was criticised for not taking into account the stability of the family environment.

The author combined all children in same-sex families into one category, while placing children in opposite-sex families into separate categories – including different categories for step-parents and single parents, for example. So the comparison made was between all same-sex parented families, and a selection of stable heterosexual families.

Research on outcomes for children in same-sex parented families

Now let’s look at other studies that have been conducted around the world. Many of these studies examine the outcomes for children in same-sex parented families where both parents are women. There has been comparatively little research on families in which both parents are men. It can be difficult to achieve adequate sample sizes of children raised in two-father families, given the small number of these families. There is no research showing that children raised by gay fathers fare worse than other children.

A study published in 2016 using data from the US National Survey of Children’s Health for 2011-12 compared outcomes for children aged six to 17 years in 95 female same-sex parented families and 95 opposite-sex parented families.

The study found no differences in outcomes for children raised by lesbian parents compared to heterosexual parents on a range of outcomes including general health, emotional difficulties, coping behaviour and learning behaviour.

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A paper published for the American Sociological Association in 2014 reviewed 10 years’ of scientific literature on child well-being in same-sex parented families in the US. The literature review covered 40 original published studies, including numerous credible and methodologically sound social science studies, many of which drew on nationally representative data.

The authors concluded there was clear consensus in scientific literature that children raised by same-sex couples fared as well as children raised by opposite-sex couples. This applied for a range of well-being measures, including:

  • academic performance
  • cognitive development
  • social development
  • psychological health
  • early sexual activity, and
  • substance abuse.

The authors noted that differences in child well-being were largely due to socioeconomic circumstances and family stability.

A meta-analysis published in the Journal of Marriage and Family in 2010 combined the results of 33 studies to assess how the gender of parents affected children. The authors found the strengths typically associated with married mother-father families appeared to the same degree in families with two mothers and potentially in those with two fathers.

The meta-analysis found no evidence that children raised by same-sex couples fared worse than children raised by opposite-sex couples on a range of outcomes including:

  • security of attachment to parents
  • behavioural problems
  • self perceptions of cognitive and physical competence, and
  • interest, effort and success in school.

This review included studies from Europe, the UK and the US. The authors said that scholars had achieved

a rare degree of consensus that unmarried lesbian parents are raising children who develop at least as well as their counterparts with married heterosexual parents.

In Australia, a large study published in the peer-reviewed BMC Public Health Journal in 2014 (and of which I was one of five co-authors) surveyed 315 parents representing 500 children. 80% of children had a female same-sex attracted parent, while 18% had a male same-sex attracted parent.

The results did support previous research showing that stigma related to a parent’s sexual orientation is negatively associated with mental health and well-being.

But, overall, the study found children and adolescents raised by same-sex parents in Australia fared as well as children of opposite-sex parents, and better on measures of general behaviour, general health and family cohesion.

A follow up paper published in 2016 found there was no difference between children raised in female same-sex parent households and children raised in male same-sex parent households.

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Further work from the same project reported on surveys and interviews with adolescents raised by same-sex parents. This study (of which I was one of four co-authors) did find that some adolescents with same-sex parents reported experiencing anxiety relating to fear of discrimination, which was linked to poorer well-being.

A US study published in 2011 found adolescents raised by lesbian mothers were more likely to have reported occasional substance use, but not more likely to have reported heavy use, than other adolescents.

A 2010 analysis of data from the 2000 US census found that children raised by same-sex couples had no fundamental deficits in making normal progress through school compared to children raised by opposite-sex couples.

When parents’ socio-economic status and the characteristics of the students were accounted for, the educational outcomes for children of same-sex couples couldn’t be distinguished with statistical certainty from children of heterosexual married couples.

Analysing studies that show different results

Some studies have indicated that adults raised by same-sex parents fare worse on some educational, social or emotional outcomes. But the majority of research does not support this. There are also studies that have been published and later discredited, but continue to be used as references.

The 2012 US New Family Structures Study, also known as the “Regnerus study”, is often cited by groups opposed to same-sex marriage.

The study looked at outcomes for adults aged 18-39. It compared outcomes for adults with a parent who had had a same-sex relationship, with outcomes for adults raised by still-married, heterosexual couples who were biologically related to their children. It showed the adults with a gay or lesbian parent or parents fared worse on a range of social, educational and health outcomes. But this study has been very widely criticised.

In a brief filed in the US Supreme Court in 2015, the American Sociological Association said:

The Regnerus study … did not specifically examine children raised by same-sex parents, and provides no support for the conclusions that same-sex parents are inferior parents or that the children of same-sex parents experience worse outcomes.

As outlined by the American Sociological Association, the study removed all divorced, single, and step-parent families from the heterosexual group, leaving only stable, married, heterosexual families as the comparison. In addition, Regnerus categorised children as having been raised by a parent in a same-sex relationship regardless of whether they were in fact raised by the parent … and regardless of the amount of time that they spent under the parent’s care.

A subsequent reanalysis of the data, using different criteria for categorising respondents, found the results inconclusive, or suggestive that “adult children raised by same-sex two-parent families show a comparable adult profile to their peers raised by two-biological-parent families”.

Strengths and weaknesses of evidence on outcomes for children

The “gold standard” for research on child and family outcomes are studies that involve randomly selected, population-based samples. This has been difficult to achieve in research on same-sex parenting because many population-based studies don’t ask about parents’ sexual orientation. Even where they do ask, not all studies include a sample of children or adults raised by same-sex parents that is large enough to provide for reliable statistical analysis.

This has led to criticism of the quality of evidence on outcomes for children raised by same-sex parents, because most studies have relied on convenience or volunteer samples, which are not randomly selected, and so may include bias.

, there are methodological limitations in all studies. And, as outlined earlier, recent analyses of population-based data sets have supported the finding that children or adolescents raised by same-sex couples do not experience poorer outcomes than other children. So there is no clear basis to the argument that convenience samples lead to “incorrect” findings due to bias. – Jennifer Power

Review

This FactCheck gives a good broad overview of the research and scientific consensus in regard to child health and well-being in same-sex parent families. The studies included, on balance, represent the current understanding of academics and child health experts on child health and well-being outcomes in same-sex parent families.

The National Lesbian Longitudinal Family Study provides additional evidence to support the verdict of this FactCheck. As a well established and methodologically robust longitudinal study, the National Lesbian Longitudinal Family Study provides important additional insights.

In the Australian context, the 2013 Australian Institute of Family Studies review of same-sex parent families also supports the overall verdict of this FactCheck.

It should be noted that research has indicated that same-sex parent families experience stigma and discrimination, and when they do it can impact on child health and well-being.

Overall, however, the verdict in this FactCheck is appropriate based on current research. – Simon Crouch


The Conversation FactCheck is accredited by the International Fact-Checking Network.

The Conversation’s FactCheck unit is the first fact-checking team in Australia and one of the first worldwide to be accredited by the International Fact-Checking Network, an alliance of fact-checkers hosted at the Poynter Institute in the US. Read more here.

The ConversationHave you seen a “fact” worth checking? The Conversation’s FactCheck asks academic experts to test claims and see how true they are. We then ask a second academic to review an anonymous copy of the article. You can request a check at checkit@theconversation.edu.au. Please include the statement you would like us to check, the date it was made, and a link if possible.

Jennifer Power, Senior Research Fellow at the Australian Research Centre in Sex, Health and Society, La Trobe UniverSame-sex parented families in Australia sity

This article was originally published on The Conversation. Read the original article.

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The Queer Holy Family and the Return from Egypt (Matthew 2:13-15,19-23)

The Sunday after Christmas is traditionally celebrated as the Feast of the Holy Family – an occasion which all too often is used in homilies as an excuse to commend the modern nuclear family – thereby leaving the substantial proportion of Catholics who are single, divorced, married but childless, gay, lesbian, trans or otherwise queer distinctly excluded. How are LGBT people of faith to respond to this, how can we truly participate in a great feast which so leaves us excluded?

I have reflected on this twice before. The first time, in “Christ’s Queer Family”, I noted that the Biblical Holy Family was not, as it is usually presented, an example of the “traditional” family beloved of the Christian right, but in fact has much more in common with queer families.

holy-family-with-st-john-the-baptist-297x3001 Continue reading The Queer Holy Family and the Return from Egypt (Matthew 2:13-15,19-23)

Another Red State Victory for Queer Families

Step by step, queer families are seeing moves to full recognition, even in American red states (and in church). The latest in victory in Idaho follows court decisions in Utah and Oklahoma to strike down the states’ constitutional ban on gay marriage, and the decision by Nevada’s Republican governor not to defend his state’s ban. A challenge to the gay marriage ban in Texas is in court this week, and court challenges under way in a further 19 states.
There is progress too in many churches, including the Catholics: Diarmuid Martin, Archbishop of Dublin, is just the latest in an expanding list of senior bishops who have opposed full marriage equality, but suggested civil unions as an alternative.
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Idaho’s top court grants adoptive rights to spouse in gay marriage 

Idaho’s top court on Monday ruled that state law allows a woman to adopt the children of her same-sex spouse, in a precedent-setting victory for gay couples in a socially conservative U.S. state that has banned the unions.
idaho rainbow
The ruling stems from an adoption petition filed last year by an Idaho woman shortly after her marriage in California to her same-sex partner, the parent of boys ages 12 and 15, legal records showed.
The woman, unidentified in court documents on confidentiality grounds related to adoption, sought to share parental rights with her long-term partner. She appealed a magistrate judge’s rejection of her petition.
The Idaho Supreme Court, in a unanimous decision reversing the lower court’s ruling, said a person’s gender or sexual orientation was not part of the legal criteria that allowed a minor to be adopted by an in-state adult resident.
“Any adult person” is defined as any human being over the age of 18 and “cannot possibly be construed to mean ‘any married adult person’ as the magistrate ultimately determined,” Idaho Supreme Court Justice Jim Jones wrote for the court.
– continue reading at  Reuters.
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Irish Government begin bid to allow same-sex couples to adopt

From “TheJournal.ie”:

JUSTICE MINISTER ALAN Shatter has, today, published the General Scheme of the long-anticipated Children and Family Relationships Bill.

The proposed legislation, which would clarify the legal status of children in in civil partnerships, surrogacy arrangements and assisted human reproduction, will now go forward for discussion at Oireachtas committee level.

The new laws will allow civil partners to jointly adopt a child for the first time.According to the Minister, this measure “removes the current anomaly where single lesbian and gay individuals can adopt children, but civil partners cannot jointly adopt”.

Today’s law relating to adoption provides for the adoption of children by married couples and by single persons (irrespective of their sexual orientation), but not jointly by civil partners.
 Shatter has asked the Oireachtas Committee on Justice, Defence and Equality – in conjunction with members of the Oireachtas Committee on Health and Children – to undertake a consultation process on his proposals for the Bill.
The cross-party TDs and Senators will have until Easter to furnish any observations to his department before the outlined proposals which, according to the Minister, “seek to put in place a modern legal architecture to underpin family situations”.
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High Court orders Israel to recognize gay adoption of child born through surrogacy

 At the same time court rejects gay adoption in case where neither man proved biological connection to child.
Man with baby born to surrogate mother. Photo: REUTERS
  The High Court of Justice on Tuesday night, by a split 5-2 vote, ordered the state to recognize the gay adoption of a child born through surrogacy, including registering both the biological father and his partner as fathers of the child. Simultaneously, the High Court rejected 7-0 the request of another gay couple for recognition of their right to gay adoption. Related: Health Ministry advocates allowing gay couples to use surrogate mothers Both gay couples based their claim on a birth certificate and declaration from the US that they are the child’s parents. The difference between the two cases is that the court granted the request from the gay couple after it underwent genetic testing to prove the biological connection to at least one of the men, while the couple whose request was denied did not do genetic testing.
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Gay couples in Portugal win limited adoption rights

 Portugal’s parliament on Friday handed same-sex couples the right to adopt the children or foster children of one partner, a partial victory for equality campaigners that fell short of their call for full adoption rights.

 

The co-adoption law scraped through with a majority of just five votes in the 230-seat Lisbon assembly, prompting long applause from the gallery. Nine deputies abstained and as many as 28 did not show up for the vote.
Activists hailed the biggest step forward for gay rights since Portugal became the eighth country to allow nationwide same-sex marriages in 2010, breaking with the Catholic nation’s predominantly conservative image.
“It was a super-important, fundamental approval as it concerns the human rights of the children and not just the couples,” said Paulo Corte-Real, head the country’s gay, lesbian and transgender rights association, ILGA.

 

He said the law would benefit children raised by same-sex couples by giving the children additional protection if their original parent died or became seriously ill.
Catholic Church leaders have opposed moves by some European countries to allow same-sex unions and adoption by gay couples, saying heterosexual marriage has an indispensable role in society.
France, which is mainly Catholic, last month followed 13 countries including Canada, Denmark, Sweden and most recently Uruguay and New Zealand in allowing gay and lesbian couples to tie the knot. The French law also authorized adoption.
The Portuguese bill, presented on the International Day Against Homophobia, still needs to be signed into law by conservative President Anibal Cavaco Silva, who enacted the same-sex marriage bill in 2010 but expressed his disapproval.
Another bill introduced by two left-wing parties that would have extended full adoption rights to gay couples failed to pass on Friday.
The ILGA took the Portuguese state to court after the European Court for Human Rights ruled in February that Austria’s adoption laws discriminated against gay people on the issue of co-adoption.
 Reuters:
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Let Us Remember, March 19th: St Joseph

Saint Joseph is frequently presented as a model of fatherhood. For LGBT Catholics and other Christians however, he is also a powerful symbol of just how little the Holy Family resembled the model  of “traditional” marriage and family to easily touted by those seeking to twist the clear evidence of scripture to force it into their own heteronormative model of family.

 Rather, Christ’s family was distinctly queer, as I have written previously for the Feast of the Holy Family:

This week, (that is, the week after Christmas) the Catholic Church celebrated the Feast of the Holy Family – so often an occasion of trial for those Catholics who are not living in officially approved families of Mom, Pop, kids, pets and picket fence. Subjected year after year to the same -old, same-old shallow sermons on the joys of family life, single people, the divorced, childless couples and queer Catholics can easily find that this Sunday is a very pointed reminder of how easily and thoughtlessly we can be excluded from the Church community. Most of the standard preaching on the Holy Family though is entirely misguided – the true nature of the Holy Family is very far from a celebration of the modern, but inappropriately named,  “traditional family” .

Not a “Traditional Family” (Raphael)

Two items that came to me this week reminded me of this. My colleague Martin Pendergast sent me a link to the Holy Family reflection by Archbishop Vincent Nichols of Westminster, with the observation

We had a good Pastoral Letter from +Vincent Nichols for The Feast of the Holy Family – no ‘family-values’ ranting, thank God!

Martin is right. Although there are the usual references to children, there is no prescriptive definition of “family”. It is perfectly possibly for those who need it, to read this statement as inclusive of families of all kinds. There is is also an important expansion of the concept of family, one that has important implications for the community of the church, and for those of us who for one reason or another feel on the margins of the church family:

The family of the Church, too, has a deep, human wisdom to share. It is intertwined with the stories of our families. St Paul describes so much of it in that second reading we have heard. Today we think about how to share and build our family wisdom. By doing this we strengthen the very foundations of our society. We need time together. We need to listen to each other’s experience. We then come to appreciate the wisdom that is part of our family tradition, something to be passed on in love.

All the members of a family also need to practice respect for each other. Yes, we respect each other in our differences. We may rejoice in those differences. At the same time we strive to keep up a shared standard of behaviour.

Christ’s Queer Family

 

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Catholic adoption agency loses five year legal battle over gay adoption

A Catholic adoption agency was told today it cannot turn away gay couples if its wants to keep its charitable status in a landmark court ruling.

Defeated: A Catholic adoption agency has been told it cannot turn away gay couples if its wants to keep its charitable status (file photo)

The case is particularly unique because it sets the tenets of the Roman Catholic Church against European law.

Catholic Care, a voluntary adoption agency based in Leeds, asked the Upper Tribunal to sanction its refusal to recognise same-sex couples as potential adopters and to restrict its services to ‘Nazarene families’ of father, mother and child.

‘Nazarene families’ refers to Jesus of Nazareth, who was fathered by a man, Joseph, and a woman, Mary.

But the Charity Commission fought the case every inch of the way, insisting that the charity’s stance is ‘divisive, capricious and arbitrary’ and ‘demeaning’ to the dignity of homosexual couples whose parenting abilities are ‘beyond question’.

Today the Commission won the debate when the tribunal ruled that Catholic Care had failed to come up with ‘weighty and convincing reasons’ why it should be allowed to discriminate against gay couples on grounds of their sexual orientation.

The long-established adoption agency said during the case that it would be forced to close if it lost the dispute.

Catholic Care argued its work in finding new homes for ‘hard to place’ children is of enormous social value and saves the public purse about £10 million-a-year by removing youngsters from the care system and placing them with adopters.

If banned from only recognising married heterosexual couple as potential adopters, it argued children would be the losers as its funding through Church collections and other voluntary donations would inevitably dry up and it would have to close.

However, Emma Dixon, for the Commission, told tribunal judge, Mr Justice Sales, that Catholic Care’s stance was in clear violation of Article 14 of the European Convention on Human Rights, which outlaws discrimination on sexual orientiation and other grounds.

-more at  Mail Online.

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Oz State Premier Stands Up To Cardinal Pell, Secures Gay Adoption for NSW.

Breaking news today is that the New South Wales state assembly has narrowly approved a bill to put LGBT and heterosexual couples on an equal footing for adoption procedures. There are still a few hurdles to clear before this becomes final, but (as far as I can tell), with this one, the biggest has now been cleared. This is big news for queer Catholics. The formidable Cardinal Pell made clear his strong opposition – but the equally strong support of the Catholic NSW Premier, Kristina Keneally, appears to have been decisive in providing just enough resistance.
Kristina Kenneally, Catholic and Advocate for Adoption Equality

Perhaps it was the full-fledged backing given to the Bill by New South Wales Premier Kristina Keneally, a devout Catholic, which took the wind out of the sails of opponents. “In forming my position on this Bill, I have considered my experiences as a mother, my responsibilities as a parliamentarian and my conscience as a Christian and member of the Catholic faith,” she told lawmakers. Instead of proving divisive, it served to unite New South Wales’s main political outfits with Opposition Liberal Party leader Barry O’Farrell also voting in its favor.

This is an important reminder to all of us that the “Catholic Church” is far more than the bishops and cardinals who claim to speak for us. They are fully entitled to speak on behalf of the Vatican and Vatican doctrine – but when they claim to speak on behalf of “the church”, research evidence consistently shows that they deceive. On numerous issues of sexual ethics, ministry, and papal authority, the evidence is that right across the globe, most Catholics simply do not agree with orthodox Vatican doctrine.

This decision is also important as another indicator of an Australian paradox. In the global march to family equality, Australia stands out as an oddity. Although surveys have shown that a strong majority of Australians support full marriage and adoption rights for same sex couples, there is still no national provision for either, and both of the major political parties opposed full equality during the recent election campaign. Below the surface, however, there have been increasing signs of a gathering groundswell of support that could soon force the issue. The election result, which produced a hung parliament with increased influence for independents and a stronger Green Party, may show the major parties how mistaken they were – and may pave the way for a major rethink. It is significant that the NSW result came after a “conscience” vote in the assembly (that is, members were permitted by their whips to take their own decisions, rather than following a party line). It is believed that a conscience vote on marriage in the national parliament could attract significant support.
Meanwhile, even as Canberra dithers, there are regular advances at state level, with the adoption decision in New South Wales just the latest of several.   Earlier this week the Tasmanian lower house voted to recognise same sex marriages conducted elsewhere, which means that Tasmanian couples will be able to secure secure legally recognised marriage easily enough – provided only that they are willing to travel abroad for the wedding. (Several countries which currently recognise marriage equality do not have residency requirements. Nepal could soon be another.)
Gay adoption is already recognised in Western Australia and the Australian Capital Territory, which is also the only state to conduct formal civil partnerships. (New South Wales and Victoria maintain less formal domestic partnership registers, which makes it easier for same sex couples to achieve the de facto recognition that in principle they are entitled to – but which in practice can be difficult without suitable documentary evidence of the relationship.)
Each separate move at state level inevitably leaves the population that much more accustomed to the idea of family equality, and queer families increasingly visible as ordinary members of society, deserving equal treatment before the law, just like everyone else. Each advance bring the next one closer, eroding still further the resistance. Even before the vote in last month’s election, the Greens were promising to introduce a bill to provide for national gay marriage. When they do, they and the newly influential independents in the hung parliament will aim to secure a conscience vote. I suspect that even if they get one, it is unlikely that gay marriage will pass just yet. However, it is clear that Labour at least lost votes as a result of their stand against equality. The coming vote on a Green bill for marriage equality will not be the last. Sooner or later (and probably the former), the politicians will realise they are on the wrong side of history, and stand up for justice.
Cardinal Pell will soon have a lot more to worry about than adoption equality in one more Australian state.

Albatross Same- sex Parents

A key part of the argument against homoerotic relationships, fundamental to the Catholic Magisterium, to the religious opposition more generally, and to the supporters of so-called “traditional” marriage, is that same sex relationships are somehow “unnatural”, “against natural law”. This claim is entirely without foundation. What these groups have in common, apart from their conclusion, is a total disregard for the evidence.  Some research into the Laysan albatross neatly illustrates this.  The disregard of the need for evidence does not only apply to claims for natural law: exactly the same charge can be made against Vatican claims that “homosexuals” are motivated solely by  -indulgence, and that homosexual “acts” lead one away from God – claims that likewise do not stand up to scrutiny. For now, though, I am concerned only about the problem as it applies to the argument from natural law
All albatrosses are large birds nesting in isolated colonies free from natural predators, which makes them easy to study (the birds are trusting and allow researchers to get up real close and personal). Much of their behaviour is well-known. For instance, in one colony at Kaena Point, Hawaii, there are about 120 breeding pairs, who gather for mating every November. They form long-term partnerships, and after copulation, lay a single egg, which they incubate in shifts, taking turns to leave the nests for weeks at a time to feed at sea. They form long-lasting, often life- long pairs, and were praised by former US first lady Laura Bush for their commitment to each other, and the example they offered as icons of monogamy. The obvious assumption that these monogamous pairs represent one male and one female in a neat nuclear family, though, turns out to be false. One third of the pairs are female couples, some of whom had nested together every year since right back to the start of data collection – 19 years.
Ornithologist Lindsay C Young  has been studying this albatross colony since 2003, as part of her doctoral dissertation.  She says that the discovery of so many female pairs forced her to question assumptions she didn’t even know she was making.  This in itself was something of a breakthrough: observations of same sex behaviour or relationships in the animal world are not new, but too often in the past, biologists have simply ignored them, or attempted to explain these observations as aberrations.
Joan Roughgarden quotes one notable scholar who claimed in 2000, at the end of a long and distinguished career,  that  “When animals have access to members of the the opposite sex, homosexuality is virtually unknown in nature, with some rare exceptions in primates”.
But just the previous year, Bruce Bagemihl had published a book reviewing published academic research into over three hundred vertebrate species which engage in same-sex courtship and genital contact. In some of these, homosexual activity is even more frequent than heterosexual intercourse.
In the case of the albatrosses though, the female pairs Young studied displayed same-sex relationships – not same-sex activity. They were female couples, conscientious parents, and engaged in just about all the activities together that other couples do – except for physical sexual intercourse. Instead, they would find a male albatross purely for copulation so that they could produce a fertilized egg.
As female pairs, these couples were physically capable of producing twice the number of eggs that other pairs could. Each bird is capable of producing only one egg each year, and so most nests hold only one egg. Yet obrsevers have frequently noted  that some nests contain two eggs, in what the biologists call a “supernormal clutch”. Early attempts at explanations speculated that perhaps some individual brds were after all capable of laying two eggs, or that some inexperienced younger females were inadvertently “dumping” their eggs in the wrong nests.. Harvey Fisher, he researcher who proposed this dumping hypothesis in 1968, after seven years of daily observations, justified his conclusion in part with the observation that “after all, promiscuity, polygamy and polyandry are unknown in this species”.
It simply had not occurred to anyone to consider that the nest might hold two females.
That was until Brenda Zaun, a biologist studying Laysan albatrosses forty years later, observed that year after year, it was the same nests which yielded double eggs. When she sent feathers from a sample of the two-egg breeding pairs and sent them to Lindsay Young  for laboratory DNA sex testing, Young simply disbelieved the finding that every brd was female, and assumed she had erred in the testing procedure.
She repeated the tests, and got the same result.. To be sure, she then went back to the field and sexed every bird in the colony, and found that 39 of 125 nests were of female – female couples: 19 where double eggs ahd been seen, and an additional 20 with single eggs.
This example is not about “lesbian” birds, or about avian “homosexual” intercourse. However, it does illustrate how easily even professional observers have in the past mistakenly applied heterosexist assumptions to their observations, which have led to completely false assumptions. Testing these assumptions against evidence leads to  very different conclusions.
The albatross female couples also illustrate how in the natural world, procreation and pair –bonding can be quite distinct. Albatross pairs, including female couples are monogamous, mutually devoted couples and careful parents: but in some cases, the physical act of copulation is only about fertilizing an egg and nothing more.
Although these albatrosses do not show signs of sexual activity by the female couples, many other species do. Bagemihl listed over three hundred such species in 1999, Joan Roughgarden and, Vasey and Sommer, have since listed many more, across all branches of the animal kingdom.  The evidence is clear: in the animal kingdom, same sex relationships and homoerotic sexual activity are no less “natural” than left-handedness.
This does not in itself make homosexuality morally “right”, but it does show that “natural law” cannot be used to argue that they are wrong. On sexual ethics, the “law of nature” is simply neutral.
Sources:
Can Animals be Gay?” (New York Times)
Books:

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