GLAD Law: You can’t ‘take back’ our families; the freedom to marry endures

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Photo Family Equality

Within the churn of political, cultural, economic and legal forces that shape our society, LGBTQ+ Americans have built something enduring: the freedom to marry and the broad public support that sustains it. It is a testament to our community’s ability to confront challenges with determination and strategy, securing the Constitution’s promise for all of us and changing the lived reality for countless American families.

That strength is evident today even alongside current legal threats and politicized attacks, as the freedom to marry is reinforced throughout the country. In Virginia, for instance, voters this year will have the opportunity to enshrine the freedom to marry in the state constitution while overturning a 20-year-old ban on same-sex marriage still on the books. Calling the ban “antiquated,” Gov. Abigail Spanberger, in signing legislation to place the pro-equality amendment on the ballot, emphasized the importance of ensuring Virginia families are protected not only by the federal constitution, but by the state constitution as well.

Even as a coalition of organizations that have opposed equality for decades are dusting off antiquated and debunked arguments that aim to push us back to a time when LGBTQ+ families had no legal recognition, it’s clear that people all across the country continue to move forward on recognizing what it means to be a family, not backward. 

These coalitions recently launched what they are calling the “Greater Than” campaign to “take back marriage.” This initiative seeks to codify their demonstrably false belief that children cannot thrive unless they are raised by married, opposite sex, biological parents.

We know this playbook well, and we know it won’t succeed. More troubling still, a campaign that claims to center children instead stigmatizes any child whose family does not conform to a single, narrow vision of what a family should look like or how it should be formed.

In this country, children are raised by single parents, married parents, people who start and grow their families with fertility care like IVF, step-parents, adoptive parents, widowed parents, divorced parents and by trusted caregivers in other family structures. Currently around 300,000 children are being raised by loving same-sex parents. For these kids, the legal recognition of their relationship to their parents isn’t theoretical—it is essential. It determines access to health insurance, inheritance rights, Social Security survivor benefits and the security of having two legal parents in the event of crisis or tragedy. Undermining marriage equality does not protect children; it jeopardizes their stability, security and futures.

Simply put, our society benefits when all loving, committed people can become parents and nurture the next generation. What matters most for children is the presence of caring adults, stable homes, supportive communities and access to resources. Families should have the freedom to start and grow on their own terms—including the ability to establish secure legal parent-child relationships, regardless of biological connection. 

To be clear, the so-called “Greater Than” campaign is not an immediate threat to Obergefell, which the US Supreme Court just declined to revisit in November. But there are politicized efforts to stir the pot on the freedom to marry by opponents who see an opportunity in the current administration’s erosion of democratic norms and systematic attacks on vulnerable communities, including LGBTQ+ people, immigrants, women and people of color. GLAD Law has fought for LGBTQ+ people, our children and our families for 50 years, and we will continue to protect the rights and freedoms of LGBTQ+ Americans and all Americans. We and our allies remain prepared to defend the freedom to marry from any and all challenges.

Marriage equality is deeply woven into American life. It enjoys strong bipartisan public support because it is positive for families and children and their larger communities. Children of LGBTQ+ parents, like all children, thrive in homes with one or more adults who love and care for them. 

In moments like this, your story matters! It reminds political leaders, policy makers and the public what’s at stake: real children, real families, real lives. If you are part of an LGBTQ+ family, love someone who is, or want to share your own family story to reflect the richness and diversity of American families, we want to hear from you. In raising our voices together, we can affirm what children need to succeed, counter fear and misinformation, and strengthen the fight for equality for all. Share your story at gladlaw.org/FamilySpirit.

More: gladlaw.org

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