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NCYL joined as amicus curiae in two consolidated cases regarding the State of Washington’s denial of marriage equality to same-sex couples. Amici urged the Court to affirm the trial court decisions, which found the statute denying marriage equality unconstitutional. Amici focused their brief on disputing arguments that children’s supposed best interests are served by denying same-sex couples the legal right to form families and that allowing the formation of such families will place children at risk.
Amici urged the court to reject these arguments on the grounds that they ignore the fact that thousands of children in Washington, and hundreds of thousands of children nationwide, are already being parented by same-sex couples. Amici stressed that continuing marriage inequality will not change this reality, nor will it prevent other same-sex couples from forming families. Amici also argued that there is no credible scientific evidence that children raised by same-sex couples fare poorly compared with those raised by married different-sex parents. Indeed, there is an increasing body of research that supports the parenting abilities of gay and lesbian individuals and same-sex couples and indicates no meaningful difference on measurable outcomes for children. Moreover, Amici argued that allowing marriage inequality to continue will only deprive the children of same-sex couples of the benefits of marriage. Amici submitted their brief to underscore the presence of the children who are the subject of this debate.
Counsel: Leecia Welch, NCYL; Breean Briggs, Center for Justice; Children's Rights; Evan B. Donaldson Adoption Institute; COLAGE; Amara Parenting and Adoption Services; Washington; State Association of Court Appointed Special Advocate/Guardian ad Litem Programs.
Updated Dec. 20, 2005
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