Footnotes

BOY SCOUTS OF AMERICA AND MONMOUTH COUNCIL,
BOY SCOUTS OF AMERICA,
Petitioners,

v.

JAMES DALE, Respondent.


Read the Full-Text Amicus Brief

1/ Letters of consent have been filed with the Clerk. No party authored this brief in whole or part and no one, other than amicus, its members, or its counsel contributed to the preparation or submission of this brief.
2/ Research cited in this brief includes data from studies conducted using the scientific method. Such research typically is subject to critical review by outside experts, usually during the peer review process preceding publication in a scholarly journal.

3/ American Psychological Association, Minutes of Annual Meeting of the Council of Representatives, 43 Am. Psychologist 527, 528 (1988).

4/ American Psychological Association, Minutes of Annual Meeting of the Council of Representatives, 49 Am. Psychologist 628, 628 (1994).

5/ The Jaycees's and the New York clubs's decisions to exclude women, for example, reflected the view that men and women should have separate clubs. See Roberts v. United States Jaycees, 468 U.S. 609 (1984); New York State Club Ass'n v. City of New York, 487 U.S. 1 (1988). Such decisions earlier reflected the view that women should remain at home, far from business, world or cultural affairs.

6/ See William and Mary Morris, Dictionary of Word and Phrase Origins 318 (1962) (“Sinister, which comes from the Latin word of identical spelling, is one of the several words in the English language which reflect an unreasoning prejudice against left-handed persons.”). Even today, a “left-handed” compliment means one that is dubious.

7/ See, e.g., (visited Feb. 8, 2000) (quoting from the White Camelia Knights of Ku Klux Klan's website a complaint that “Our White National Holidays” are being replaced with “Pro-Black” and “Jewish (Satanic) Holidays.”

8/ Jews, for example, were accused of killing Christian babies for their Passover ceremonies, and of causing the Black Plague. Similarly, the Family Research Council and other amici frame their anti-gay mission in pseudo-scientific allegations of antisocial behavior. See, infra, pp. 12-13.

9/ For example, 80% of the 60 gay men in one community sample said they had “no choice at all” about their sexual orientation. See Gregory M. Herek, J.C. Cogan, J.R. Gillis & E.K. Glunt, Correlates of internalized homophobia in a community sample of lesbians and gay men, 2 J. Gay and Lesbian Med. Ass'n 17-25 (1998). In a larger, not-yet-published study, the same researchers found 72% of the 898 gay men studied reported having “no choice,” and another 13% reported “very little choice” (on file with the APA). Summarizing the prevalent view, one researcher explained: “The concept of voluntary choice is as much in error here as in its application to handedness or native language.” John Money, Sin, Sickness or Status? Homosexual Gender Identity and Psychoneuroendocrinology, 42 Am. Psychologist 384 (1987).

10/ See Alan P. Bell, Martin S. Weinberg & Sue Kiefer Hammersmith, Sexual Preference: Its Development in Men and Women 186-87 (1981); Richard R. Troiden, The Formation of Homosexual Identities, 17 J. Homosexuality 43, 43-73 (1989) (reviewing research literature).

11/ See J. Michael Bailey & Kenneth J. Zucker, Childhood Sex-Typed Behavior and Sexual Orientation: A Conceptual Analysis and Quantitative Review, 31 Dev. Psychol. 43 (Jan. 1995); Richard Green, The Immutability of (Homo)sexual Orientation: Behavioral Science Implications for a Constitutional (Legal) Analysis, 16 J. Psychiatry & L. 537 (1988); Richard Green, The "Sissy Boy Syndrome" and the Development of Homosexuality 370 (1987).

12/ Bell et al., supra note 10, at 186.

13/ See Bell et al., supra note 10, at 193-211.

14/ J. Michael Bailey & Richard C. Pillard, A Genetic Study of Male Sexual Orientation, 48 Archives Gen. Psychiatry 1089 (1991). Bailey and Pillard's study, which has since been replicated, found: where one identical twin was gay, the other was gay in 52% of the cases; where one fraternal twin was gay, the other was also gay in 22% of the cases; and where one brother by adoption was gay, his adoptive brother was gay in just 11% of the cases. Id. at 1089. See also J. Michael Bailey and Khytam Dawood, Behavioral Genetics, Sexual Orientation, and the Family, in Lesbian, Gay, and Bisexual Identities in Families 3 (Charlotte J. Patterson and Anthony R. D'Augelli eds. 1998) (reviewing research); J. Michael Bailey, Richard C. Pillard, Michael C. Neale & Yvonne Agyei, Heritable Factors Influence Sexual Orientation In Women, 50 Archives Gen. Psychiatry 217 (1993); J. Michael Bailey & Deana S. Benishay, Familial Aggregation of Female Sexual Orientation, 150 Am. J. Psychiatry 272 (1993); Frederick L. Whitam, Milton Diamond & James Martin, Homosexual Orientation in Twins: A Report of 61 Pairs and Three Triplet Sets, 22 Archives Sexual Behav. 187 (1993).

15/ See Dean H. Hamer, Stella Hu, Victoria L. Magnuson, Nan Hu & Angela M.L. Pattatuci, A Linkage Between DNA Markers on the X Chromosome and Male Sexual Orientation, 261 Science 321 (1993) (study of 76 gay males and 40 gay brother pairs); Stella Hu et al., 11 Nature Genet. 248 (1995) (follow-up study of 33 additional gay brother pairs); William J. Turner, Homosexuality, Type 1: An Xq28 Phenomenon, 24 Archives Sexual Behav. 109 (1995); but see George Rice, Carol Anderson, Neil Risch & George Ebers, Male homosexuality: Absence of linkage to microsatellite markers at Xq28, 284 Science 665-667 (1999) (attempting, but failing, to replicate the Hamer et al. results with a sample of 52 gay sibling pairs).

16/ Simon LeVay, A Difference in Hypothalamic Structure Between Heterosexual and Homosexual Men, 253 Science 1034 (1991); see also Simon LeVay, The Sexual Brain (1993).

17/ See Heino F.L. Meyer-Bahlburg, Anke A. Ehrhardt, Laura R. Rosen & Rhoda S. Gruen, Prenatal Estrogens and the Development of Homosexual Orientation, 31 Developmental Psychology 12 (1995).

18/ William Byne & Bruce Parsons, Human Sexual Orientation: The Biologic Theories Reappraised, 50 Archives Gen. Psychiatry 228 (1993).

19/ See Douglas C. Haldeman, The Practice and Ethics of Sexual Orientation Conversion Therapy, 62 J. Consulting & Clinical Psych. 221 (1994) [hereinafter Haldeman, Practice]; Douglas C. Haldeman, Sexual Orientation Conversion Therapy for Gay Men and Lesbians: A Scientific Examination, in Homosexuality: Research Implications for Public Policy 149-60 (John C. Gonsiorek & James D. Weinrich eds. 1991) [hereinafter Homosexuality]; A. Damien Martin, The Emperor's New Clothes: Modern Attempts to Change Sexual Orientation, in Innovations in Psychotherapy with Homosexuals 23-58 (E.S. Hetrick & T.S. Stein eds. l984).

20/ Haldeman, Practice, supra note 19, at 224. Moreover, attempts to change someone's sexual orientation runs a risk of causing depression, anxiety, and self-destructive behavior. See American Psychiatric Ass'n, No. 98-56, Position Statement on Psychiatric Treatment and Sexual Orientation (Dec. 11, 1998) (opposing psychiatric treatment based on the assumption that a patient should change sexual orientation). http://www.psych.org/news_stand/rep_therapy.html (visited Feb. 22, 2000).

21/ A mental disorder is “a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress (e.g., a painful symptom) or disability (i.e., impairment in one or more important areas of functioning) or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom.“ American Psychiatric Ass'n, Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) at xxi (1994).

22/ Resolution of the American Psychiatric Association (Dec. 15, 1973), reprinted in 131 Am. J. Psychiatry 497 (1974).

23/ See American Psychological Ass'n, Minutes of the Annual Meeting of the Council of Representatives, 30 Am. Psychologist 620, 633 (1975).

24/ Evelyn Hooker, The Adjustment of the Male Overt Homosexual, 121 J. Projective Tech. 18, 19-20 (1957) (two-thirds of each group were found to be in the highest three categories of adjustment).

25/ See John C. Gonsiorek, The Empirical Basis of the Demise of the Illness Model of Homosexuality, in Homosexuality, supra note 19, at 115-36; Gregory M. Herek, Myths About Sexual Orientation: A Lawyer's Guide to Social Science Research, 1 Law & Sexuality 133, 142 (1991) [hereinafter Herek, Myths].

26/ Gary B. Melton, Public Policy and Private Prejudice, 44 Am. Psychologist 933, 936 (1989); Alan P. Bell & Martin S. Weinberg, Homosexualities: A Study of Diversity Among Men and Women 141-48 (1978) [hereinafter Bell & Weinberg, Diversity].

27/ See, M.V. Lee Badgett & M.C. King, Lesbian and gay occupational strategies, in Homo Economics: Capitalism, Community, and Lesbian and Gay Life 73 (A. Gluckman & B. Reed eds. 1997); R.A. Buhrke, A matter of justice: Lesbians and gay men in law enforcement (1996); B. Powers & A. Ellis, A manager's guide to sexual orientation in the workplace (1995); J.D. Woods & J. H. Lucas, the corporate closet: The professional lives of gay men in America (1993).

28/ David Parr McWhirter & Andrew M. Mattison, The Male Couple: How Relationships Develop 286 (1984).

29/ See Lawrence A. Kurdek, Lesbian and Gay Couples, in Lesbian, Gay, and Bisexual Identities Over the Lifespan 243 (Anthony R. D'Augelli & Charlotte J. Patterson eds. 1995) (reviewing literature).

30/ Letitia Anne Peplau, Lesbian and Gay Relationships, in Homosexuality, supra note 19, at 195.

31/ P. Blumstein & P. Schwartz, American Couples 45 (1983).

32/ See, e.g., Rochelle L. Klinger, Lesbian Couples, in Homosexuality and Mental Health 339, 340 (Robert P. Cabaj & Terry S. Stein eds 1996); Kurdek, supra note 29, at 243; Bell & Weinberg, Diversity, supra note 26; J. Harry, Gay Couples (1984).

33/ Peplau, Lesbian and Gay Relationships, supra note 30, at 195.

34/ See, e.g., Bryant & Demian, Relationship Characteristics of American Gay and Lesbian Couples: Findings from a National Study, 1 J. Gay & Lesbian Soc. Sci. 101 (1994).

35/ See Carole Jenny et al., Are Children at Risk for Sexual Abuse by Homosexuals?, 94 Pediatrics 41 (July 1994) (study of 269 sexually abused children when an adult offender was identified).

36/ See D. Finkelhor & S. Araji, Explanations of pedophilia: A four factor model, 22 J. Sex Research 145-161 (1986).

37/ See A.N. Groth & H.J. Birnbaum, Adult sexual orientation and attraction to underage persons, 7 Archives Sexual Behav. 175 (1978).

38/ Id. at 180. Another study, of priests and other clergy sent or self-committed to a residential treatment facility over a 25-year period, found that those who had been involved in age-inappropriate sexual activity and those who had been involved in adult homosexual relationships were “two quite distinct groups,” with “[s]triking differences, and statistically significant ones.” John Allan Loftus & Robert J. Camargo, Treating the Clergy, 6 Annals of Sex Research 287, 295 (1993).

39/ For example, the Council mischaracterizes Freund and Watson as finding that one-third of child molesters are gay. See FRC Br. at 23. In contrast, the study found that one-third of the abused children studied were male, and specifically cautioned: “This, of course, should not be understood as saying that androphiles [gay men] may have a greater propensity to offend against children than do gynephiles [heterosexual men], a myth refuted in an earlier study.” K. Freund and R.J. Watson, The Proportions of Heterosexual and Homosexual Pedophiles Among Sex Offenders Against Children: An Exploratory Study, J. of Sex & Marital Therapy 41 (1992). The Council's misciting of Marshall, FRC Br. at 25, is equally egregious. The study does not support a presumption that homosexuality is linked to abuse. It found only that of 34 men who had abused boys, 31had abused only boys -- not that those 31 were homosexual. Only 2 of the 34 reported regular homosexual behavior with adults. Similarly, PAUS et al. misrepresent Bell and Weinberg's study as supporting its claim that young teenagers are “recruited” through affairs with older homosexuals. PAUS Br. at 25. Although the study found that 60% of white homosexual respondents identified their first partner in an affair as older than they were, the same paragraph makes clear that the vast majority of the respondents were at least 20 years old at the time.

40/ The Council, for example, relies on the long discredited work of Paul Cameron, FRC Br. at 24-25. See Minutes of the Nebraska Psychological Ass'n (Oct. 19, 1984) (adopting a resolution dissociating itself from writings and views of Mr. Cameron on sexuality); Baker v. Wade, 106 F.R.D. 526, 536 (N.D. Tex. 1985) (referring to Mr. Cameron's testimony that homosexuals abuse children at greater rate than heterosexuals as misrepresentation and fraud on the court). See also FRC Br. at 23-24 (relying on statements from anti-gay organization NARTH not based on empirical data). Similarly, reliance on the journalistic work by Jay and Young reporting survey responses by gay and bisexual men that they had sex “at some time” with boys 16-19 years old or younger, FRC Br. at 23, PAUS Br. at 24, is questionable on several grounds. The survey did not distinguish between respondents who had experienced a sexual encounter with an age-mate as a teenager from any who had encounters with teenagers as adults. The authors also used inadequate methodologies that would not be relied on by scientists.

41/ Moreover, warranted suspicions that any particular scout has or would abuse children would constitute grounds for exclusion. The Council's suggestion that only convicted pedophiles could be excluded, FRC Br. at 29-30, is not supported by the state laws under review.

42/ Because of the impossibility of proving a negative, researchers have approached these questions by attempting to find differences between children of homosexual parents and those of heterosexual parents and differences between the parenting approaches of homosexual and heterosexual parents. The more that different studies by different researchers consistently fail to find statistically significant differences, the more likely it is that differences between groups truly do not exist. It is therefore useful to consider the entire body of empirical research in this area, to move beyond the idiosyncrasies of sample or methodology of any one study. A consistent pattern from different samples and different methods provides a basis for confidence in the results.

43/ See G. Dorsey Green & Frederick W. Bozett, Lesbian Mothers and Gay Fathers, in Homosexuality, supra note 19, at 213 (reviewing studies) [hereinafter Green & Bozett, Lesbian Mothers]; see also Charlotte J. Patterson, Children of Lesbian and Gay Parents, 63 Child Dev. 1025 (1992) (reviewing studies) [hereinafter Patterson, Children]; Mary B. Harris & Pauline H. Turner, Gay and Lesbian Parents, 12 J. Homosexuality 101, 104 (1985-86) (study of gay, lesbian and heterosexual parents).

44/ Jerry J. Bigner & R. Brooke Jacobsen, Parenting Behaviors of Homosexual and Heterosexual Fathers, 18 J. Homosexuality 173, 181 (1989) [hereinafter Bigner & Jacobsen, Parenting Behavior].

45/ Jerry J. Bigner & Frederick W. Bozett, Parenting by Gay Fathers, 14 Marriage & Fam. Rev. 155 (1989), reprinted in Homosexuality and Family Relations 155, 173 (Frederick W. Bozett & Marvin B. Sussman eds., 1990) [hereinafter Bigner & Bozett, Parenting by Gay Fathers]; see also Frederick W. Bozett, Gay Fathers: A Review of the Literature, 18 J. Homosexuality 137 (1989), reprinted in Psychological Perspectives of Lesbian and Gay Male Experiences 437, 453 (Linda D. Garnets & Douglas C. Kimmel eds., 1993) [hereinafter Bozett, Gay Fathers] (reviewing research).

46/ Green & Bozett, Lesbian Mothers, supra note 43, at 197; see also Susan Golombok et al., Children Raised in Fatherless Families from Infancy: Family Relationships and the Socioemotional Development of Children of Lesbian and Single Heterosexual Mothers, 38 J. Child. Psychiat. 787, 789 (1997) [hereinafter Golombok et al., Infancy] (finding the parenting skills of lesbians and female heterosexuals comparable).

47/ Robert L. Barret & Bryan E. Robinson, Gay Dads, in Redefining Families: Implications for Children's Development 157, 163 (Adele Eskeles Gottfried & Allen W. Gottfried eds., 1994) [hereinafter Barret & Robinson, Gay Dads].

48/ Bigner & Jacobsen, Parenting Behavior, supra note 44, at 179-80 (comparing responses of 33 gay fathers and 33 heterosexual fathers on Iowa Parenting Behavior Inventory.)

49/ Jerry J. Bigner & R. Brooke Jacobsen, Adult Responses to Child Behavior and Attitude Toward Fathering: Gay and Nongay Fathers, 23 J. Homosexuality 99 (1992) (comparing 24 gay and 29 heterosexual fathers).

50/ Harris & Turner, supra note 43, at 111.

51/ Harris & Turner, supra note 43, at 110. As an overall matter, only a minority of heterosexual or homosexual parents of either gender encouraged play with gender-typed toys.

52/ Beverly Hoeffer, Children's Acquisition of Sex-Role Behavior in Lesbian Mother Families, 51 Am. J. Orthopsychiatry 536, 537 (1981) [hereinafter Hoeffer, Children's].

53/ See, e.g., David K. Flaks et al., Lesbians Choosing Motherhood: A Comparative Study of Lesbian and Heterosexual Parents and Their Children, 31 Dev. Psychol. 105 (Jan. 1995); Martha Kirkpatrick et al., Lesbian Mothers and Their Children: A Comparative Study, 51 Am. J. Orthopsychiatry 545, 546 (1981).

54/ See, e.g., Julie S. Gottman, Children of Gay and Lesbian Parents, 14 Marriage & Fam. Rev. 177 (1989), reprinted in Homosexuality and Family Relations (Frederick W. Bozett ed. 1990) (“children of lesbian mothers and gay fathers appear to be normal in gender identity, gender role, sexual orientation, and social adjustment”).

55/ Green & Bozett, Lesbian Mothers, supra note 43, at 200 (reporting on findings of researchers Turner, Scadden and Harris, presented at First Future of Parenting Symposium, Chicago, Illinois, March 1985); Gottman, supra note 54, at 177, 191.

56/ See, e.g., Susan Golombok et al., Children in Lesbian and Single-Parent Households: Psychosexual and Psychiatric Appraisal, 24 J. Child Psychol & Psychiat. 551, 568 (1984) [hereinafter Golombok et al., Appraisal]; Gottman, supra note 54, at 189; Kirkpatrick et al., supra note 53, at 551; Richard Green, The Best Interests of the Child With A Lesbian Mother, 10 Bull. AAPL 7, 14 (1982) [hereinafter Green, Best Interests]; Richard Green et al., Lesbian Mothers and Their Children: A Comparison with Solo Parent Heterosexual Mothers and Their Children, 15 Archives of Sexual Behav. 167 (1986) [hereinafter Green et al.]; see also Richard Green, Sexual Identity of 37 Children Raised by Homosexual or Transsexual Parents, 135 Am. J. Psychiatry 692 (1978) [hereinafter Green, Sexual Identity] (studying sexual identities of children raised by both transsexual men and lesbians).

57/ See, e.g., Kirkpatrick et al., supra note 53, at 551; Green et al., supra note 56, at 174, 179-80; Green, Sexual Identity, supra note 57, at 693, 696-97.

58/ See, e.g., Green et al., supra note 56, at 176.

59/ Charlotte J. Patterson, Children of the Lesbian Baby Boom: Behavioral Adjustment, Self-Concepts, and Sex Role Identity, in Lesbian and Gay Psychology: Theory Research and Clinical Applications 156, 168-69 (Beverly Greene & Gregory M. Herek eds. 1994) [hereinafter Patterson, Baby Boom]; Golombok et al., Appraisal, supra note 56, at 568; Gottman, supra note 54, at 189; Kirkpatrick et al., supra note 53, at 551; Hoeffer, Children's, supra note 52; Green, Best Interests, supra note 56, at 14.

60/ See Charlotte J. Patterson & Raymond W. Chan, Gay Fathers and Their Children, in Textbook of Homosexuality and Mental Health (Robert P. Cabaj & Terry S. Stein eds., 1997) 371, 382 (summarizing research); Herek, Myths, supra note 25, at 133, 157-61; Bozett, Gay Fathers, supra note 45, at 442.

61/ J. Michael Bailey et al., Sexual Orientation of Adult Sons of Gay Fathers, 31 Dev. Psychol. 124, 126 (Jan. 1995) (finding that the gay sons had lived with their fathers for somewhat shorter periods than had the heterosexual sons but the difference was not statistically significant).

62/ Brian Miller, Gay Fathers and Their Children, 28 Family Coordinator 544, 546 (1979) (finding also that three of the 27 daughters were lesbian).

63/ See Patterson & Chan, supra note 60, at 382 (summarizing research); Bozett, Gay Fathers, supra note 45, at 442; Barret & Robinson, Gay Dads, supra note 47, at 161-62; Robert L. Barret & Bryan E. Robinson, Gay Fathers 80 (1990).

64/ Fiona L. Tasker & Susan Golombok, Growing Up in a Lesbian Family 132 (1997) (comparing adult sons and daughters who had been raised by lesbian and heterosexual mothers, as part of a longitudinal study in which the sample was recruited before the children's sexual orientation was established). Other studies of children raised by a lesbian parent or couple have likewise found no statistically significant difference between these children's expressed sexual orientation and that of children raised by a heterosexual parent or parents. See, e.g., Gottman, supra note 54, at 177, Green, Best Interests, supra note 56, at 13-14; Sharon Huggins, A Comparative Study of Self-Esteem of Adolescent Children of Divorced Lesbian Mothers and Divorced Heterosexual Mothers, reprinted in Homosexuality and the Family 123, 132-35 (Frederick W. Bozett ed., 1989).

65/ Barret & Robinson, Gay Fathers, supra note 63, at 40.

66/ Id. (citing B.E. Robinson, et al., Response of Parents to Learning that their Child is Homosexual and Concern Over and AIDS: A National Study, 18 J. Homosexuality 59-80 (1989)).

67/ Green et al., supra note 56, at 174 (reporting that the intelligence quotient of children is not appreciably different when they are raised by a lesbian mother as opposed to a heterosexual mother).

68/ See, e.g., Tasker & Golombok, supra note 64, at 1 (a twenty-year longitudinal study of parents and children in the UK); Flaks et al., supra note 53, (studying parents and children in Pennsylvania); Green et al., supra note 56 (studying parents and children in both rural and urban areas in Connecticut, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York, Ohio, Pennsylvania, and Wisconsin).

69/ See, e.g., Bozett, Gay Fathers, supra note 45, at 454; Barret & Robinson, Gay Dads, supra note 47, at 168.

70/ See Bigner & Bozett, Parenting by Gay Fathers, supra note 45, at 163 (“There is no evidence of any kind that demonstrates that living with a homosexual parent has any significant negative effects on children.”); Gottman, supra note 54, at 191 (“Parental homosexuality does not appear to directly or indirectly harm the child.”).

71/ Green & Bozett, Lesbian Mothers, supra note 46, at 197, 213; see also Patterson, Children, supra note 43, at 1036 (comprehensively reviewing research on the subject and drawing similar conclusion).

72/ See, e.g., Kirkpatrick et al., supra note 53, at 545-51; Golombok et al., Appraisal, supra note 56.

73/ Golombok et al., Appraisal, supra note 56, at 565, 570.

74/ Huggins, supra note 64, at 132-35.

75/ Tasker & Golombok, supra note 64, at 135, 138, 143-44 (data gathered from same sample in 1976 and 1991). Responses from children raised by lesbian mothers and from children raised by heterosexual mothers to standardized measures of anxiety and depression were not only comparable to each other, but also closely comparable to U.S. norms. Id. at 135. Those, from both groups, who had experienced mental health problems were youths whose mothers had reported poor mental health at the time of the 1976 study. Id. at 144, 147.

76/ Gottman, supra note 54, at 177-96. This study in fact concluded that adult daughters of lesbians felt more secure in relationships and in the world in general than adult daughters raised by heterosexual mothers. Adult daughters raised by heterosexual mothers exhibited greater apathy and cautiousness than their peers raised by lesbians, who were freer of disillusionment and doubt and tended to have fewer complaints and worries than the women raised by heterosexual mothers. Id. at 189-90.

77/ Raymond W. Chan et al., Psychosocial Adjustment Among Children Conceived Via Donor Insemination by Lesbian and Heterosexual Mothers, 69 Child Dev. 443 (April 1998).

78/ Id.

79/ Flaks et al., supra note 53, at 16-20, 24.

80/ Golombok et al., Infancy, supra note 46 (the only statistically significant difference between the two groups was greater interaction between the lesbian mothers and their children). See also Patterson, Baby Boom, supra note 59, at 156, 165-67.

81/ Jeffrey J. Haugaard et al., Lesbian-Headed Households, 1 Adoption Q. 93, 100-01 (1998) (noting that these children “do not show indications of abnormal development”). See also Gail S. Goodman et al., Developmental Psychology and Law: Divorce, Child Maltreatment, Foster Care, and Adoption, in Handbook of Child Psychology 775, 846 (William Damon et al. eds., 1998) (“there is no evidence that children raised by gay or lesbian parents develop abnormally”).

82/ Green et al., supra note 56, at 178; Golombok et al., Appraisal, supra note 56, at 565-67.

83/ See Richard Posner, Sex and Reason 346 (1992) (“[H]omosexuals -- who, like Jews, are despised more for what they are than for what they do -- were frequently bracketed [with Jews] in medieval persecutions.”); John Boswell, Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century (1980). Thousands of gay people were exterminated along with Jews, Roma, and Jehovah's Witnesses in Nazi concentration camps. See, e.g., Heinz Heger, The Men with the Pink Triangle (David Fernbach trans., 1980).

84/ See, e.g., George A. Chauncey, Jr., Gay New York: Gender, Urban Culture and the Making of the Gay Male World, 1890-1940 (1994); Lillian Faderman, Odd Girls and Twilight Lovers: A History of Lesbian Life in Twentieth-Century America (1991); Allan Berube, Coming Out Under Fire: The History of Gay Men and Women in World War Two (1990); John D'Emilio, Sexual Politics, Sexual Communities: The Making of a Homosexual Minority in the United States, 1940-1970 (1983); Jonathan Ned Katz, Gay American History: Lesbians and Gay Men in the U.S.A. (1976).

85/ Melton, supra note 26; see also Posner, supra note 83, at 291 (“In the United States . . . , not only is there a strong residue of hostility to homosexuals, but they labor under a series of legal disabilities.”).

86/ See 8 U.S.C. § 1182(a)(4)(1988); see Boutilier v. Immigration & Naturalization Serv., 387 U.S. 118, 122 (1967).

87/ See, Gregory M. Herek, J. Gillis & J. Cogan, Psychological sequelae of hate crime victimization among lesbian, gay, and bisexual adults, 67 J. Consulting & Clinical Psych. 945 (1999) [hereinafter Herek et al.]; W. Schneider & I.A. Lewis, The straight story on homosexuality and gay rights, 2/3 Public Opinion 16-20, 59-60 (1984); C. De Boer, The polls: Attitudes toward homosexuality, 42 Public Opinion Q. 265 (1978).

88/ Growing numbers regard homosexuality as an alternative lifestyle and a majority favors protecting homosexuals from discrimination and abuse. See K. Sherrill & A. Yang, From outlaws to in-laws: Anti-gay attitudes thaw, 11 Public Perspective 20 (2000); A. Yang, Trends: Attitudes toward homosexuality, 61 Public Opinion Q. 477-507 (1997).

89/ See Sherrill & Yang, supra note 88, at 21 (“gay people remain the most systematically and intensely disliked of all the groups measured” in the ongoing American National Election Studies).

90/ A study published by the National Gay and Lesbian Task Force Policy Institute, reviewing a national and 20 city and state surveys of gay, lesbian, and bisexual people conducted between 1980 and 1991, found that 16% to 44% of respondents reported experiencing employment discrimination. A majority said they feared discrimination or concealed their sexual orientation to try to avoid it. The study's authors noted that discrimination was also common in housing, public accommodations, and health care. M.V. Lee, Colleen Donnelly & Jennifer Kibbe, Pervasive Patterns of Discrimination against Lesbians and Gay Men: Evidence from Surveys Across the United States (1992). A 1997 research review found 27% to 68% of gay, lesbian, and bisexual people reporting losing jobs or promotions because of sexual orientation. Even those in supposedly tolerant professions (e.g., law, medicine, academia) reported discrimination. M.V. Lee Badgett, Vulnerability in the Workplace: Evidence of Anti-Gay Discrimination, 2 Angles: J. Inst. Gay and Lesbian Strategic Studies 1 (1997). See also Martin P. Levine, Employment Discrimination Against Gay Men, 9 Int'l Rev. Mod. Soc. 151 (1979); Martin P. Levine & Robin Leonard, Discrimination Against Lesbians in the Work Force, 9 Signs: J. Women Culture & Soc. 700 (1984).

91/ See Kevin T. Berrill, Anti-Gay Violence and Victimization in the United States: An Overview, in Hate Crimes: Confronting Violence Against Lesbians and Gay Men 20 (Gregory M. Herek & Kevin T. Berrill eds. 1992) (median proportion of respondents, in 24 surveys, who had been verbally harassed was 80%); see also Gregory M. Herek, J.R. Gillis, J.C. Cogan & E.K. Glunt, Hate crime victimization among lesbian, gay, and bisexual adults, 12 J. Interpersonal Violence 195-215 (1997) (finding that 82% of gay, lesbian, and bisexual respondents reported having experienced verbal abuse related to their sexual orientation); N.W. Pilkington & Anthony R. D'Augelli, Victimization of lesbian, gay, and bisexual youth in community settings, 23 J. Community Psychology 34-56 (1995) (80% of respondents in multi-state sample of adolescents and young adults reported experiencing verbal harassment).

92/ See, e.g., Kevin T. Berrill, supra note 91 (across 24 separate studies a median of 44% of gay, lesbian, and bisexual respondents reported having been threatened with violence because of their sexual orientation, 19% had their property vandalized, 17% had been physically assaulted)); Herek et al., supra note 87 (28% of gay men and 19% of lesbians had experienced an antigay crime in adulthood, based on study of 2,259 gay men, lesbians, and bisexuals); Gary David Comstock, Violence Against Lesbians and Gay Men (1991); Special Issue, Violence Against Lesbians and Gay Men: Issues for Research, Practice, and Policy, 5 J. Interpersonal Violence 267-543 (1990).

93/ at 7 (visited Mar. 20, 2000).

94/ Herek et al., supra note 87 (study of 2,259 gay men, lesbians, and bisexuals, found that gay men had reported only 46% of hate-crime victimizations but 72% of other victimizations, and lesbians had reported only 36% of hate-crime victimizations but 68% of other victimizations).

95/ Herek et al., supra note 87, found that victims of antigay violent crimes showed significantly more symptoms of depression, anger, anxiety, and post-traumatic stress, and significantly more crime-related fears and beliefs, a lower sense of mastery, and more attributions of their setbacks to prejudice than did lesbian and gay victims of other violent crimes during the same time period. See also Linda D. Garnets, Gregory M. Herek & Barrie Levy, Violence and Victimization of Lesbians and Gay Men: Mental Health Consequences, 5 J. Interpersonal Violence 366 (1990), reprinted in Psychological Perspectives on Lesbian and Gay Male Experiences (Linda D. Garnets & Douglas C. Kimmel eds., 1993).

96/ See, e.g., S.L. Franzoi, Social Psychology 382-427 (1995); K. Gergen & M. Gergen, Social Psychology 140-41 (1981).

97/ See Gregory M. Herek & John P. Capitanio, Some of my best friends: Intergroup contact, concealable stigma, and heterosexuals' attitudes toward gay men and lesbians, 22 Personality & Social Psych. Bull. 412-24 (1996) (national survey demonstrated that those with interpersonal contact with gay men and lesbians were more likely to have positive attitudes toward gay people; more and closer relationships correlated with more positive attitudes); Gregory M. Herek & Eric K. Glunt, Interpersonal Contact and Heterosexuals' Attitudes Toward Gay Men: Results from a National Survey, 30 J. Sex Research 239 (1993) (interpersonal contact predicted attitudes toward gay men better than did any other demographic or social psychological variable tested); Familiarity Encourages Acceptance, 11 Public Perspective 31(2000) (reporting data from a 1998 survey by Princeton Survey Research Associates for Newsweek, showing that greater personal familiarity with gay people was associated with stronger support for gay rights).

98/ Thomas F. Pettigrew & Linda R. Tropp, Meta-analytic Tests of Intergroup Contact Theory, presented at Society for Experimental Social Psychology Conference, Oct. 1999 (on file with the APA); Thomas F. Pettigrew & Linda Tropp, Does intergroup contact reduce prejudice?, in Reducing Prejudice and Discrimination: Social Psychological Perspectives (Stuart Oskamp ed. 2000).

99/ Id.