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Anti-gay briefs ‘mischaracterized’ study

Child Trends says its research doesn’t pertain to same-sex parents

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Paul Clement, gay news, Washington Blade
Paul Clement, gay news, Washington Blade

Former U.S. solicitor general Paul Clement filed the anti-gay DOMA brief (Public domain photo)

Attorneys who submitted anti-gay briefs to the Supreme Court in favor of California’s Proposition 8 and the Defense of Marriage Act are continuing the mischaracterization of a 2002 study on child development to suggest same-sex parents are less fit than opposite-sex parents, according to the non-profit that produced the study.

The 2002 study — which is is referenced in both the DOMA and Prop 8 briefs filed on Tuesday — is titled “Marriage from a Child’s Perspective: How Does Family Structure Affect Children and What Can We Do About It?” and was produced by the D.C.-based non-profit Child Trends, an organization that seeks to improve the lives of children by through research.

Carol Emig, president of Child Trends, said in a statement to the Washington Blade that attorneys who wrote these briefs misconstrued the group’s study in arguments against same-sex marriage because the findings say nothing about the quality of life for children raised by same-sex parents.

“The Child Trends brief in question summarizes research conducted in 2002, when same-sex parents were not identified in large national surveys,” Emig said. “Therefore, no conclusions can be drawn from this research about the well-being of children raised by same-sex parents.”

Emig added, “We have pointed this out repeatedly, yet to our dismay we continue to see our 2002 research mischaracterized by some opponents of same-sex marriage.”

Child Trends’ study concludes, among other things, that “the family structure that helps children the most is a family headed by two biological parents.” The study makes references to children raised by single parents and stepparents, but no explicit reference to same-sex parents is found in the report.

In the DOMA brief, signed by attorneys House General Counsel Kerry Kircher and former U.S. solicitor general Paul Clement, the Child Trends study is cited on page 47 as part of an argument that having DOMA on the books encourages childrearing by biological parents.

“Of course, only relationships between opposite-sex couples can result in children being raised by both of their biological parents,” the brief adds. “Therefore, when government offers special encouragement and support for relationships that can result in mothers and fathers jointly raising their biological children, it rationally furthers its legitimate interest in promoting this type of family structure in a way that extending similar regulation to other relationships would not.”

In the Prop 8 brief, signed by lead attorneys with ProtectMarriage.com, Andrew Pugno and Charles Cooper, the Child Trends study is referenced on page 37 as “a leading survey of social science research” under the argument that Proposition 8 furthers responsible procreation and child bearing.

“Because same-sex relationships cannot naturally produce offspring, they do not implicate the State’s interest in responsible procreation and childrearing in the same way that opposite-sex relationships do,” the brief states.

Attorneys affiliated with ProtectMarriage.com and the House Republican-led Bipartisan Legal Advisory Group didn’t respond to the Blade’s request for comment on the apparent misuse of the study in their legal briefs. The DOMA brief was filed in the case of Windsor v. United States and the Prop 8 brief was filed in the case of Hollingsworth v. Perry.

The reference to the study isn’t the first time anti-gay forces have referenced that study as part of their argument against same-sex marriage, nor is this the first time that Child Trends has objected to use of its research for anti-gay purposes.

In his 136-page ruling against Prop 8 issued in 2010, U.S. District Judge Vaughn Walker tore into David Blankenhorn, president of the Institute for American Values, for relying on the Child Trends study among others during testimony as evidence that parenting by same-sex parents is inadequate.

“Blankenhorn’s conclusion that married biological parents provide a better family form than married non-biological parents is not supported by the evidence on which he relied because the evidence does not, and does not claim to, compare biological to non-biological parents,” Walker writes.

David Blankenhorn, also citied the Child Trends brief as part of a 2008 essay titled “Gay marriage deprives children,” in September 2008 when Proposition 8 was headed for the ballot. In a letter to the editor, Emig also objected to the use of her group’s study for that argument.

“In research studies, the number of gay parents, even in large national surveys, has been too small to allow for separate analyses,” Emig wrote. “What is needed is a large-scale study of a representative sample of same-sex couples. Clearly, a better understanding of the diversity, strengths, and challenges faced by varied types of families is needed to better inform debates such as this one.”

While opposing marriage equality at the time, Blankenhorn has since reversed his views on same-sex marriage and now accepts it.

Similar objections were voiced in 2012 by Child Trends in the Kennebec Journal when Protect Marriage Maine brought up the study during the campaign to legalize same-sex marriage at the ballot in Maine and in the Minneapolis Star Tribune when Minnesota for Marriage cited the study as a reason for passing the failed anti-gay marriage amendment there.

Jon Davidson, legal director at Lambda Legal, said the citing of this research in the Prop 8 and DOMA briefs is “dishonest, shameful, and, in my view, unprofessional.”

“These misrepresentations have not only been pointed out by the researchers before, but have been repeatedly debunked by the party and amicus briefs in these cases — and in expert testimony at trial in Perry and in expert witness declarations in Windsor — yet the attorneys fighting against marriage equality continue to baldly misrepresent the actual findings of this and the other research on which they purport to rely,” Davidson said.

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Florida

Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

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Gil Pontes III

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

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Kansas

ACLU sues Kansas over law invalidating trans residents’ IDs

A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.

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Kenda Kirby, transgender, Supreme Court, gay news, Washington Blade
A transgender flag flies in front of the Supreme Court. (Washington Blade file photo by Michael Key)

Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.

Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.

According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.

House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.

Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.

The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.

Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.

State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”

“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”

“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”

“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”

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National

After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast

Top editorial staff let go last week

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Cover of The Advocate for January/February 2026.

Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.

Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.

Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”

The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.

Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.  

“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”

It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.

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