Six leading national and statewide professional associations that collectively represent over 350,000 professionals have joined with the Committee on Civil Rights in the San Francisco Bay Area to file two amicus briefs that highlight the emotional and psychological harms of categorically denying gays and lesbians the opportunity to get married.
"The state has relegated gay men and women to the separate institution of domestic partnership, and such separation sends a state-sponsored message of inferiority that inevitably affects their hearts and minds, as well as their treatment by the rest of society." – American Psychoanalytic Association, American Anthropological Association and Lawyers' Committee for Civil Rights of the San Francisco Bay Area (APA) Amicus Brief
"By allowing same-sex couples the right to marry, the court would end the anti-gay stigma imposed by the state of California through its ban on marriage rights for same-sex couples. In addition, allowing same-sex couples the right to marry would give them access to the social support that already facilitates and strengthens heterosexual marriages." – American Psychological Association, California Psychological Association, American Psychiatric Association, and National Association of Social Workers (APsaA) Amicus Brief
Marriage Equality USA today examines the amicus brief written on behalf of six professional associations and a lawyers committee on civil rights that call on the court to end the ban on marriage for same-sex couples. Many of these important mental health associations previously passed marriage equality resolutions (that can be found at the end of this column) and filing these amicus briefs provided these groups with a means to act on those resolutions. This column continues our series where MEUSA is partnering with the Bay Area Reporter to highlight each of the 30 amicus "friend of the court" briefs filed by hundreds of supportive organizations, professional associations, and religious institutions filed before the California Supreme Court in favor of same-sex couples' freedom to marry.
The APA amicus brief begins by pointing out that "homosexuality is neither a disorder nor a disease, but rather a normal variant of human sexual orientation ... Many gay and lesbian people are in a committed same-sex relationship. In their essential psychological respects, these relationships are equivalent to heterosexual relationships."
The APsaA amicus brief states, "The state's ban on marriage between same-sex couples is not, as the state seeks to portray it, merely a trivial matter of semantics that has no significant real-world impact. "The mere fact that same-sex couples are limited to that lesser choices ... represents a message delivered by the state, not just to them but to the public at large, that they are entitled to no more, that the state regards their relationships as having lesser value, and that they themselves are unworthy of equal status and treatment under the law."
Both the APA and APsaA amicus briefs discuss the detrimental impact of stigmatization. As described by the APA, "stigma refers to an enduring condition, status, or attribute that is negatively valued is society, that fundamentally defines a person�s social identity, and that consequently disadvantages and disempowers those who have it."
By denying same-sex couples the right to marry, the APA contends, "the state reinforces and perpetuates the stigma historically associated with homosexuality." The APsaA amicus brief asserts, that "stigmas can significantly lower the self-esteem of stigmatized individuals, leading to social withdrawal, decreased expectations for oneself, avoidance of attempts in high achievement and angry resentment."
"Allowing same-sex couples to legally marry will not have any detrimental impact on the children raised by heterosexuals, but it will benefit children raised by same-sex couples." – APA amicus brief
Both amicus briefs contend that this state-sponsored stigmatization doesn't just harm same-sex couples, but also the children they raise. The APsaA amicus brief also states "gay adolescents have a materially greater suicide attempt rates than their peers, resulting from the pain of being stigmatized ... by perpetuating these stigmas thought its segregation of gay couples into a separate form of legal relationship, the State contributes materially to these harmful, and sometimes tragic, outcomes."
In addition, the APsaA amicus brief contends, "The separation of domestic partnerships and marriage fuels public prejudice against gay men and women and invites the public to discriminate against them. ... The reason that government action affects private behavior is clear: "laws send cultural messages: they give permission. When California separates same-sex couples, it gives the public permission to view gay men and women as separate and different, fueling prejudice and discrimination against them."
The APA amicus brief describes the social, psychological and health benefits that come with marriage; in part, those health benefits may be associated with the greater economic and financial stability that marriage provides. In addition, the APsaA amicus brief describes that there is a lack of clarity associated with domestic partnerships and attempts to provide that clarity can be expensive. For example, same-sex couples when they are unable to receive equal treatment in the private sector, they have to go through protracted and sometimes expense advocacy that married couples wouldn't have to endure. Furthermore, by denying same-sex couples the right to marry, these couples and the children they raise are denied those benefits.
The APA amicus brief highlights that "a large and increasing number of gay and lesbian couples, like their heterosexual counterparts, are raising children" and scientific research shows "lesbian and gay parents are every bit as fit and capable as their heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents."
The APA amicus brief concludes there is no scientific basis to segregate same-sex and heterosexual couples from the legal rights, obligations, and benefits of civil marriage and the APsaA amicus brief closes by noting that "permitting same-sex couples to marry would not, after all, do any cognizable injury to anyone ... and this court should reject the state's invitation to stand by the sidelines while the system of segregation of same-sex couples, with all of the harm that flows from it, is perpetuated" and deem the current restriction on marriage as unconstitutional.
Both amicus briefs can be found via the web:: Lambda Legal PDF 1 and Lambda Legal PDF 2
Based in Washington, DC, the American Psychological Association is a scientific and professional organization that represents psychology in the United States. With 148,000 members, APA is the largest association of psychologists worldwide. For more information, go to www.apa.org
"The American Psychological Association believes that it is unfair and discriminatory to deny same-sex couples legal access to civil marriage and to all its attendant benefits, rights, and privileges." – July 2004 resolution
California Psychological Association (CPA) is a 501(c)(6) nonprofit professional association for licensed psychologists and others affiliated with the delivery of psychological services. In addition to the role of advocate for the profession of psychology, CPA's members regularly provide free public service through programs such as its Public Education Campaign and its well-respected disaster response service. Additionally, CPA works closely with the media to provide timely and accurate information on a variety of issues to increase the understanding of human behavior. For more information, go to www.cpapsych.org
The American Psychiatric Association is a medical specialty society recognized world-wide. Its more than 38,000 U.S. and international member physicians work together to ensure humane care and effective treatment for all persons with mental disorder, including mental retardation and substance-related disorders. It is the voice and conscience of modern psychiatry. Its vision is a society that has available, accessible quality psychiatric diagnosis and treatment. For more information, go to www.psych.org
"In the interest of maintaining and promoting mental health, this American Psychiatric Association supports the legal recognition of same-sex civil marriage with all the rights, benefits, and responsibilities conferred by civil marriage." – July 2005 resolution
The National Association of Social Workers is the largest membership organization of professional social workers in the world, with 150,000 members. NASW works to enhance the professional growth and development of its members, to create and maintain professional standards, and to advance sound social policies. For more information, go to http://www.socialworkers.org/
"National Association of Social Workers encourages the adoption of laws that recognize inheritance, insurance, same-sex marriage, child custody, property, and other relationship rights for lesbian, gay, and bisexual people. – NASW Lesbian Gay Bisexual Issues Publication
The American Psychoanalytic Association (APsaA), the oldest national psychoanalytic organization in the nation, was founded in 1911. APsaA, as a professional organization for psychoanalysts, focuses on education, research and membership development. In addition to the national organization, APsaA�s membership includes 29 accredited training institutes and 42 affiliate societies throughout the United States. Since its founding, APsaA has been a component of the International Psychoanalytical Association, the largest worldwide psychoanalytic organization. For more information, go to www.apsa.org
"Because marriage is a basic human right and an individual personal choice�the State should not interfere with same-gender couples who choose to marry and share fully and equally in the rights, responsibilities, and commitment of civil marriage." – 2004 American Psychoanalytic Association resolution
Founded in 1902, the American Anthropological Association is the world's largest organization of individuals interested in anthropology. Although there were several other American anthropological societies in existence at the turn of the 20th century, this new, national organization was formed "to promote the science of anthropology, to stimulate and coordinate the efforts of American anthropologists, to foster local and other societies devoted to anthropology, to serve as a bond among American anthropologists and anthropologic[al] organizations present and prospective, and to publish and encourage the publication of matter pertaining to anthropology." For more information, go to http://www.aaanet.org/
"The results of more than a century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and human societies." – 2004 American Anthropological Association resolution
The Lawyers' Committee for Civil Rights champions the legal rights of people of color, poor people, immigrants and refugees, with a special commitment to African-Americans. For more information, go to www.lccr.com
Marriage Equality USA is a national, nonprofit organization created to secure legally recognized civil marriage equality without regard to gender identity or sexual orientation at the federal and state level. For more information, check out our website at www.marriageequality.org.
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