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| Oakland County Clerk Lisa Brown: 'My job is to follow what the judge says.' |
March 3, 2014
Oakland County Clerk Lisa Brown said she is ready to begin immediately issuing same-sex marriage licenses if a federal judge rules that Michigan’s ban on such unions is unconstitutional.
She said she answers to one authority: the courts — not the state attorney general.
“My job is to follow what the judge says,” testified Brown, a defendant in a case that could make Michigan the 18th state to legalize gay marriage.
Last fall, Brown testified, Michigan Attorney General Bill Schuette sent 82 clerks statewide a memo instructing them not to issue marriage licenses to gay and lesbian couples, even if a federal judge overturns the ban.
The memo holds nothing over her, Brown said, pointing out that she doesn’t report to Schuette, the governor or any state official — just the judge.
Brown’s testimony Monday kicked off what turned out to be a roller coaster of a day for the state in Michigan’s gay marriage trial, in which two lesbian nurses are seeking to overturn the state’s ban on same-sex marriage so that they can marry and adopt each others’ children.
After Brown’s testimony, the state presented its first witness — a Princeton-educated philosopher — but U.S. District Judge Bernard Friedman dismissed him after concluding he was not qualified to testify in this case. The state had expected his testimony to last two hours.
That brought in the state’s next witness: Mark Regnerus, a University of Texas sociologist whose 2012 pro-traditional marriage survey has stirred controversy among social scientists, psychologists and medical experts.
Regnerus testified that until science can prove otherwise, the ideal family structure in America is still a mom and a dad raising kids together.
“The science in this domain is new ... it is very new. And intellectually, it’s frustrating to see social science close off a debate by saying this is settled,” said Regnerus, who urged Michigan to uphold its ban on same-sex marriage. “The most prudent thing to do is wait ... before making a radical move on marriage.”
During his nearly four-hour-long testimony, Regnerus, who has researched and written studies about family relationships, tried to debunk same-sex parenting studies that say there is no difference between kids raised by same-sex couples and those raised by straight couples.
“To conclude there are no differences — such a study has not been done yet,” said Regnerus, who conceded that “it’s possible that there are a couple lesbian households” that work.
But there’s not enough data out there yet “to make major changes,” Regnerus said.
At issue is Michigan’s ban on same-sex marriage, which voters approved in 2004. The state argues voters have already spoken on the issue, and their decision should stand.
Regnerus’ testimony followed that of four academic experts who last week testified that children of same-sex couples fare no better or worse than kids raised by heterosexual couples.
Those experts cited a number of studies, but Regnerus said the research involved was unreliable and flawed in a number of ways: One, the samples were too small; two, they didn’t use a comparison group.
He said you can’t make an assessment on the outcomes of kids raised by same-sex couples without looking at the outcomes of kids raised in traditional families.
Regnerus, meanwhile, offered his own research as evidence that traditional mom-and-dad families should be the goal.
In 2012 New Family Structures Study, Regnerus concluded, among other things, that children raised by same-sex couples encounter more problems as adults than those raised in traditional families.
His study, which surveyed nearly 3,000 Americans ages 18-39, contradicts findings by medical and psychological groups, including the American Academy of Pediatrics, which stated in a 2013 report:
“Over the past decade, 11 countries have recognized (same-sex) marriage ... There has been no evidence that children in these countries have experienced difficulties as a result of these social changes.”
The American Psychological Association also has said that there’s no scientific data to show that same-sex couples are unfit parents.
Among the findings in Regnerus’ study:
■ Kids who grew up in intact, traditional families reported having fewer problems as adults, including drug use, unemployment and depression, than kids raised by single parents or lesbians.
■ More than one-third of kids with a lesbian mother went on public assistance, compared with 10% of those who grew up in a traditional family.
■ Those with gay parents reported having less education and more sexual partners than those raised in traditional households.
“I knew that it would stir the pot,” Regnerus said of his study, which has been widely used by conservative groups seeking to protect traditional marriage.
Regnerus conceded that his study did not include many examples of gay couples raising children together and staying together, and said more data is needed to fully assess such structures.
“We’re definitely in the novel period of social science (regarding same-sex marriage),” Regnerus said.
Regnerus will undergo cross-examination today.
County clerks across Michigan are following the trial.
Washtenaw County Clerk Lawrence Kestenbaum said Monday he remains ready to grant marriage licenses to same-sex couples if the judge gives the green light. The office has gender-neutral applications and licenses.
“There’s no reason to wait,” Kestenbaum said. “If that’s what the federal court rules, that’s the law.”
One day last October, dozens of same-sex couples filled out marriage license applications at the Washtenaw County Clerk’s Office in the hope that Friedman would lift the ban then.
Based on recent court decisions in other states, Kestenbaum said he’s not expecting a ruling that would take immediate effect. Instead, he anticipates the judge will issue a stay pending appeal.
“I think all these cases will be consolidated, and they’ll go to the Supreme Court, and the Supreme Court will rule on them all together,” he said.
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"Fear Eats the Soul"
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