Same-Sex Marriage Stance: American Psychological Association
On Marriage Rights for Same-Sex Couples
The American Psychological Association Council of Representatives adopted this position statement on July 28, 2004:
“WHEREAS APA has a long-established policy to deplore "all public and private discrimination against gay men and lesbians" and urges "the repeal of all discriminatory legislation against lesbians and gay men" (Conger, 1975, p. 633);
“WHEREAS the APA adopted the Resolution on Legal Benefits for Same-Sex Couples in 1998 (Levant, 1998, pp. 665-666).
“WHEREAS Discrimination and prejudice based on sexual orientation detrimentally affects psychological, physical, social, and economic well-being (Badgett, 2001; Cochran, Sullivan, & Mays, 2003; Herek, Gillis, & Cogan, 1999; Meyer; 2003);
“WHEREAS ‘Anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution’ (American Anthropological Association, 2004);
“WHEREAS Psychological research on relationships and couples provides no evidence to justify discrimination against same-sex couples (Kurdek, 2001, in press; Peplau & Beals, 2004; Peplau & Spalding, 2000);
“WHEREAS The institution of civil marriage confers a social status and important legal benefits, rights, and privileges;
“WHEREAS The United States General Accounting Office (2004) has identified over 1,000 federal statutory provisions in which marital status is a factor in determining or receiving benefits, rights, and privileges, for example, those concerning taxation, federal loans, and dependent and survivor benefits (e.g., Social Security, military, and veterans);
“WHEREAS There are numerous state, local, and private sector laws and other provisions in which marital status is a factor in determining or receiving benefits, rights, and privileges, for example, those concerning taxation, health insurance, health care decision-making, property rights, pension and retirement benefits, and inheritance;
“WHEREAS Same-sex couples are denied equal access to civil marriage;
“WHEREAS Same-sex couples who enter into a civil union are denied equal access to all the benefits, rights, and privileges provided by federal law to married couples (United States General Accounting Office, 2004) ;
“WHEREAS The benefits, rights, and privileges associated with domestic partnerships are not universally available, are not equal to those associated with marriage, and are rarely portable;
“WHEREAS people who also experience discrimination based on age, race, ethnicity, disability, gender and gender identity, religion, and socioeconomic status may especially benefit from access to marriage for same-sex couples (Division 44/Committee on Lesbian, Gay, and Bisexual Concerns Joint Task Force on Guidelines for Psychotherapy with Lesbian, Gay, and Bisexual Clients, 2000);
“THEREFORE BE IT RESOLVED That the APA believes that it is unfair and discriminatory to deny same-sex couples legal access to civil marriage and to all its attendant benefits, rights, and privileges;
“THEREFORE BE IT FURTHER RESOLVED That APA shall take a leadership role in opposing all discrimination in legal benefits, rights, and privileges against same-sex couples;
“THEREFORE BE IT FURTHER RESOLVED That APA encourages psychologists to act to eliminate all discrimination against same-sex couples in their practice, research, education and training ("Ethical Principles," 2002, p. 1063);
“THEREFORE BE IT FURTHER RESOLVED That the APA shall provide scientific and educational resources that inform public discussion and public policy development regarding sexual orientation and marriage and that assist its members, divisions, and affiliated state, provincial, and territorial psychological associations.”
On Legal Benefits for Same-Sex Couples
The American Psychological Association Council of Representatives adopted this position statement in August 1998:
"Whereas there is evidence that homosexuality per se implies no impairment in judgment, stability, reliability or general social and vocational capabilities (Conger, 1975) for individuals;
"Whereas legislation, other public policy and private policy on issues related to same-sex couples is currently under development in many places in North America (e.g., Canadian Psychological Association, 1996);
"Whereas the scientific literature has found no significant difference between different-sex couples and same-sex couples that justify discrimination (Kurdek, 1994;1983; Peplau, 1991);
"Whereas scientific research has not found significant psychological or emotional differences between the children raised in different-sex versus same-sex households (Patterson, 1994);
"Whereas APA has, as a long established policy, deplored "all public and private discrimination against gay men and lesbians in such areas as employment, housing, administration and licensing ..." and has consistently urged "the repeal of all discriminatory legislation against lesbians and gay men" (Conger, 1975);
"Whereas denying the legal benefits that the license of marriage offers to same-sex households (including, but not limited to, property rights, health care decision-making, estate planning, tax consequences, spousal privileges in medical emergency situations and co-parental adoption of children) is justified as fair and equal treatment;
"Whereas the absence of access to these benefits constitutes a significant psychosocial stressor for lesbians, gay men and their families.
"Whereas APA provides benefits to its members' and employees' domestic partners equivalent to those provided to members' and employees' spouses;
"Whereas psychological knowledge can be used to inform the current public and legal debate on 'same-sex marriage' (e.g., Baehr v. Lewin);
"Therefore, be it resolved, that APA supports the provision to same-sex couples of the legal benefits that typically accrue as a result of marriage to same-sex couples who desire and seek the legal benefits; and
"Therefore, be it further resolved, that APA shall provide relevant psychological knowledge to inform the public discussion in this area and assist state psychological associations and divisions in offering such information as needed."