Today marks a decade since the U.S. Supreme Court made its pivotal ruling in Obergefell v. Hodges, which legalized same-sex marriage across all 50 states. While this decision now seems like a straightforward progression, it was actually the result of years of legal struggles and evolving societal perspectives on marriage equality.
Before this decision, several federal courts had influenced the growing acceptance of same-sex marriage. At that time, 36 states had already legalized same-sex marriages, and the global landscape for gay rights was also shifting. This change in public opinion was notable, with a majority of Americans in favor of same-sex marriage by 2016.
On the flip side, those against same-sex marriage were aware that they were at a disadvantage, so they resorted to claims suggesting that it could harm children. In their pursuit of evidence to support this argument, they focused on data collection.
Two conservative organizations collaborated with W. Bradford Wilcox, a sociology professor connected to one of these groups. They designed and financed a study intended for the U.S. courts. Wilcox and his team enlisted Mark Regnerus from the University of Texas at Austin to conduct the research and brought in other reputable scholars as consultants for the project, which aimed to ensure their findings would be published in the well-regarded journal, Social Science Research.
A timeline issue arose during data collection. Sociologist Phil Cohen noted that while data gathering finished on February 21, 2012, an article based on this research had already been submitted 20 days earlier, on February 1, 2012. This suggests the manuscript was prepared before data collection was fully concluded.
It’s important to underscore that using incomplete datasets without proper disclosure breaches scientific integrity. This context clarifies why the Wilcox team might have rushed their submission; the goal was to have the article published before the significant legal proceedings regarding same-sex marriage.
Examining the design of this research reveals additional complications. The key question was whether children of gay and lesbian parents had comparable outcomes to those of heterosexual parents. To investigate this, Regnerus compared survey responses of adult children from three family setups: one raised by biological parents in a stable marriage and two with parents who had engaged in same-sex relationships at some time.
There’s a clear issue here—the groups are not equivalent. The research didn’t address cases where children were actually raised in same-sex households. Most participants mentioned they lived with their parents during brief same-sex relationships, often citing that they hadn’t cohabited in those circumstances.
Moreover, around half of the participants said their biological parents had gone through a divorce. It’s generally understood that children with unmarried parents face certain challenges in development. Thus, the differences noted by Regnerus may merely reflect disparities between those raised by intact biological parents versus those dealing with parental divorce.
Despite the numerous issues with the study, it managed to get published in a respected, peer-reviewed journal. It turns out that the two reviewers who evaluated it were also part of the research team, including Wilcox consultant and one other researcher.
Even though Regnerus failed to engage with the essential questions of his research properly, his findings were still cited in a 2014 lawsuit that annulled Michigan’s same-sex marriage ban. The presiding judge characterized Regnerus’s testimony as “incredibly unbelievable and unworthy of consideration” after assessing the study and hearing court arguments.
Social scientists concurred with the judge, condemning the ethical and scientific flaws in the research.
Although Wilcox, Regnerus, and their supporters lost in court, they haven’t conceded defeat. As of today, there remains no substantial evidence indicating differences between children raised by same-sex versus heterosexual couples, whether in social development, mental health, sexual behavior, drug use, or academic performance.
Matthew D. Johnson is a professor of psychology, and Alana L. Liso is a graduate student at Binghamton University, State University of New York.
