Louis DeSerres, co-founder of Preserve Marriage – Protect Children’s Rights, addressed the issue of harm to children’s rights resulting from same-sex marriage [symposium, Brigham Young University Law School, 15-16Sept06].
The ‘What’s The Harm? How Legalizing Same-Sex Marriage Will Harm Society, Families, Adults, Children and Marriage’ symposium was jointly sponsored by The Marriage and Family Law Project at Brigham University Law School and The Marriage Law Project at the Catholic University of America’s Columbus School of Law.
DeSerres asked if there is a more natural and self evident birth right for a child than to have a mother and a father.
More specifically, while nature creates every child with two biological parents, same-sex marriage leads to the creation of fatherless and motherless children, taking away one of the child’s natural parents.
“Adult same-sex couples seeking the right to marry have relied on constitutional equality arguments in their court challenges,” he said.
“It is noteworthy that not a single child has been represented in any of these court challenges to defend his right to a father and a mother, a right recognized in the U.N. Convention on the Rights of the Child.”
He pointed out furthermore, that when children are discussed, the issue is relegated to family law, as if children do not enjoy the constitutional protection that adults enjoy.
In time, the advantages gained by adults have started to seep into family law and children’s rights and best interests are being further marginalized.
Man-woman marriage provides the child with many benefits, said DeSerres enumerating fourteen such benefits which are all lost with same-sex marriage.
Some of the harms caused by same sex ‘marriage’ are irreversible, suggested DeSerres.
“Unfortunately, the harm is permanent as no legal authority can bring back the missing biological parent of a child born from an anonymous sperm donor or a surrogate mother.
“Only prevention can protect children’s rights to a father and a mother.”
Commenting on the “inevitability” of same-sex marriage, he cited the decision by France to reject same-sex marriage because it violates children’s rights.
DeSerres concluded, “There are thus two models to address same-sex marriage. Either favour adults at the expense of children, like Canada, Massachusetts and a few other countries have done, or rightfully place the rights and best interests of children ahead of those of adults as France has chosen.
A 137 page English edited translation of the French gov’t document version was available, but is no longer accessible [http://www.preservemarriage.ca/docs/France_Report_on_the_Family_Edited.pdf]