Written by Jack Montgomery. Published at www.dearscotus.com on Mar 27, 2013
Dear Justice Scalia as well as your distinguished peers serving on the Supreme Court,
First let me thank you for hearing the historic cases this week on California’s Proposition 8 and the Defense of Marriage Act (DOMA). My husband, Kelly Vielmo, and I adopted three beautiful siblings from DC’s foster care system last year. Being an inter-racial, same-sex family we are used to being conspicuous and sometimes the center of attention on a local level depending on where we happen to be. With the cases being heard in the Supreme Court this week our family is now on debate at the national level. With that said I am following with interest your ruling on these cases. One comment that stuck with me was the speculation of potential “deleterious” effects of kids having same-sex parents. After I looked up deleterious (adj. causing harm or damage) I had to reflect on the harm and damage that has been done to my children. I know that you are listening to these cases from a nationally-scaled legal point of view, but the intent of this letter is to offer you the lens and point of view of one individual family your rulings will affect.
Children who are placed in the care of foster systems throughout this nation have suffered from either the neglect or the abuse of their biological families. For all intents and purposes, we will call this deleterious parenting. Sadly my children were born into these circumstances. They further had statistics against them. The adoption rates of both African American children and sibling pairs (not to mention trios) are greatly reduced. When my husband and I looked at our options for growing our family, DC’s Child and Family Services Administration seemed to be our natural choice. We knew we wanted siblings, had no racial preference for our children, and living in the District were able to help our local community at the same time.
I do not want to go into too much detail of my childrens’ history for the sake of their privacy. When our children arrived we welcomed a five-year-old who was not potty trained, a two-year-old who was withdrawn, and an almost two-year-old who never learned to walk. Please understand that there were no biological impediments to the development of these children. Their situation was entirely brought on by deleterious parenting. Since their arrival our children quickly graduated from the need of any additional services to include physical, speech, and play therapy. They are now happy and active members of their community.
I do not tell you these facts to paint ourselves as the saviors of these children. These children have done more for us than we have for them. Having the extraordinary privilege of watching these childrens’ souls grow and thrive despite the obstacles placed before them has been the lesson of our lives. I tell this story to establish myself as an expert witness to the effects of deleterious parenting. As you prepare your response on Proposition 8 and DOMA you now have the opportunity to decide what further obstacles will face these children. What are the deleterious effects your decision will have on my children? What states within our nation can these children live in and still declare their family legal? Next year during tax season will their parents have to hire a CPA to determine who and how to list the children as dependents? When the first of their parents passes away will their family’s assets and property be preserved and passed between parents as a married family or be treated as legal strangers?
I am not naive enough to think that any verdict of your court will change the opinions or hearts of the individuals we encounter on a daily basis. I accept that the stares our family receives walking down the street on a daily basis elicits both judgment and inspiration. What I do not accept is that the United States of America is willing to devalue my childrens’ family more than others and have a separate grouping of laws and benefits. I pray that as you rule on these cases that you keep Cardel (6), Raine (4), and Ravyn (3) in your hearts and do all in your power to keep deleterious obstacles from their lives.
Happily Never After? (NYT, Opinion, Maureen Dowd)