Testimony of the Massachusetts Chapter of the American Academy of Pediatrics against DOMA

April 10, 2002

To the Honorable Chairpersons and Members,
Joint Committee on Public Service

RE: House 4840, an Initiative Amendment to the Constitution Relative to the Protection of Marriage

My name is Dr. Carole Allen. I am a pediatrician in Arlington and treasurer of the Massachusetts Chapter of the American Academy of Pediatrics (MCAAP). I submit this testimony on behalf of the MCAAP, which is strongly opposed to House 4840.

Our first objection to this Amendment is that it benefits no one and has the potential to do great harm. If the purpose of the state constitution is to protect the citizens of the Commonwealth, an amendment that creates two classes of citizens-one that enjoys protections and benefits and another that is prohibited from receiving the same protections and benefits-must be viewed as terribly discriminatory. As pediatricians who care for children in families where the parents are not married, we fear that the social, emotional, and financial stability of these families will be severely threatened by this Amendment.

We find that House 4840 is vague and, if enacted, will create uncertainty for many families. As the proposed Amendment excludes any “other” relationship from the “benefits or incidents exclusive to marriage” it is possible that co-parenting relationships will be disallowed by the courts or not recognized as valid by schools, medical facilities, insurance companies and other entities. Our national organization, the American Academy of Pediatrics (AAP), has adopted a policy titled “Coparent or Second-Parent Adoption by Same-Sex Parents.” This policy states that the AAP “supports legislative and legal efforts to provide the possibility of adoption of the child by the second parent or coparent in these families.” The policy is based upon scientific review of literature and other evidence demonstrating that a parent’s gender or relationship status has no bearing on the best interest of children. The AAP policy has been endorsed by our Chapter in the letter attached to this testimony.

The proposed amendment clearly implies that only a relationship between a married man and woman can be in the best interest of children. Our experience caring for families all around Massachusetts tells us otherwise. As pediatricians, we do not believe it makes sense to move forward with a constitutional change that contradicts AAP policy and that has the potential to create such uncertainty for families.

The Massachusetts Chapter believes that House 4840 is bad for children. We believe that a family that has a possibility of remaining together and of being respected in society, and that enjoys financial protections such as health insurance and inheritance rights, is an optimal place for children. As long ago as 1998, the Massachusetts Chapter urged the AAP Task Force on the Family (letter attached) to “embrace all families: families with one parent, families with a mother and a father, families with two mothers or two fathers, families with stepparents or grandparents, and foster, adoptive, and extended families.”

We do not feel it serves the best interest of children to put impediments between adults who care for each other and wish to establish a family unit. In fact, if the Amendment passes, long-standing familial relationships that are currently respected could be jeopardized. A child raised by a biologic and a non-biologic parent whose biologic parent is away or dies might be deprived of comfort, or consent to care, or companionship, or even help with homework from the person most important in his or her life. The situation would be potentially even more complex for a child who has been adopted by two parents in a domestic partnership relationship, should the courts cease to recognize such adoptions under this Amendment. In contrast, where domestic partner benefits are conferred, a child might be able to obtain better health insurance or have access to greater financial benefits from the non-biologic parent than he or she would from the biologic parent alone.

The legislature has the power and authority to reject House 4840, which would prevent it from ever reaching the ballot. The Massachusetts Chapter of the American Academy of Pediatrics strongly urges the Joint Committee on Public Service and the members of the General Court to reject this proposed Amendment to the Massachusetts Constitution.

Respectfully submitted,

Carole E. Allen, M.D.
Chapter Treasurer