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Home/Featured/An Eleven-Year Assault on Children’s Rights and Needs

An Eleven-Year Assault on Children’s Rights and Needs

Obergefell was a disaster, but the American conscience may be starting to take notice.

Written by Katy Foust | Saturday, July 4, 2026

At its core, the natural family recognizes that the husband of a woman who gives birth is the father of the child. Thus the presumption of paternity, which stretches back to pre-colonial times, has allowed the spouse of a woman to be listed on the child’s birth certificate, uniting children to both biological parents in nearly 100% of cases. Under Obergefell v. Hodges, that principle was reinterpreted as a presumption of “parentage” and extended to same-sex couples. The presumption was effectively inverted—now separating children from at least one biological parent 100% of the time.

 

 

For the first time in years, support for gay marriage is falling, driven primarily by collapse in approval among Republicans. According to Gallup’s May 2026 Values and Beliefs survey, Republican support for legal same-sex marriage has plummeted from 55% in 2021-2022 to just 37% today. Something is shifting in the American conscience.

It may be because Americans are beginning to see the truth. They are seeing what I warned about eleven years ago.

In 2015, along with five other children raised by LGBT parents, I submitted an amicus briefto the Supreme Court in Obergefell v. Hodges—the landmark case that would ultimately mandate marriage “equality” across the nation. My brief shared the stories of children separated from their mother or father through same-sex parenting arrangements and the pain, identity struggles, and mother-hunger or father-hunger that followed. I warned that if the highest court affirmed gay marriage, it would imperil children’s rights to be known and loved by the two people responsible for their existence.

Eleven years later it’s clear we were right.

In the Obergefell opinion, Justice Anthony Kennedy declared that same-sex couples must be afforded the full “constellation of benefits” that accompany society’s smallest institution.

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