Saturday, March 11, 2006

Lost from the beginning

The war against gay marriage and gay parenting was lost from the beginning. Why? Because of a key judicial principle in action. When it comes to "the best interest of the child" the need for caring parents trumps all politics and ideologies.
"But where Nardo and social conservatives are dead wrong is just here: If in fact judges around this country are increasingly inclined to recognize the validity of same-sex parenting arrangements, it's not because they are activists, or because they're mangling a long-established tradition of family law to do so. Courts that adopt broader visions of 'parent' and 'family' aren't reading radical new rights into their state constitutions. They are doing precisely what family courts are asked to do: Make a determination about what's in the 'best interest of the child.' That standard remains the polestar for judicial decision-making in both the adoption and custody contexts. And, as it turns out, most children usually have larger and more urgent concerns than what their parents do in bed."

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