by Jeremy Leaming
During oral argument in the case raising constitutional challenges to California’s anti-gay law, Proposition 8, Justice Antonin Scalia sought to help out the attorney defending the law, by providing him “some concrete things.”
One of the supposed concrete things Scalia pushed, as The Washington Post’s Ezra Klein notes, was anything but. Scalia claimed that there is “considerable disagreement among” sociologists over the effects on children raised by same-sex couples. But as Klein reports that is simply not true and Scalia should have known that.
In a friend-of-the-court brief before the high court, the American Sociological Association said, “The clear and consistent consensus in the social science profession is that across a wide range of indicators, children fare just as well when they are raised by same-sex parents when compared to children raised by opposite-sex parents.”
Klein blasts Scalia for pushing a supposedly “concrete” example of the harm that could occur if states were to stop excluding same-sex couples from marriage. “Scalia offered no details or evidence of this considerable disagreement among sociologists, and it’s hard to believe he’s a better judge of the profession than the ASA, whose brief he notably declined to mention,” Klein wrote.