Severing the link between marriage and children's best interests: A Canadian case study

This paper seeks to explore the attitudes of lesbian mothers towards same‐sex marriage, focusing in particular on how they perceive the relationship between marriage and children's best interests.

The paper draws on 36 semi‐structured interviews with lesbian mothers living in British Columbia and Alberta, comparing their views on marriage and children's best interests with those articulated by lesbian and gay litigants during the Canadian same‐sex marriage campaign.

It was found that few of the mothers made any positive link between having married parents and children's best interests. Only a quarter of the couples had married or intended to marry.

Whether the views expressed in this research will be embraced by the next generation of lesbian mothers is difficult to predict. Prospective lesbian mothers will be able to marry before having children, will likely experience greater societal pressure to marry, and may have weaker ties to feminist politics. The issue should be revisited to see whether the views expressed in the research resonate with the next generation of mothers.

Law reform directed at same‐sex families should not presume that lesbians perceive there to be any positive relationship between marriage and children's best interests.

The paper provides empirical data on how lesbian mothers understand the relationship, if any, between having married parents and children's best interests. It challenges the universality of the very traditional views expressed in the same‐sex marriage litigation, and argues that amongst the wider lesbian mothering community attitudes towards the relationship between marriage and parenting are considerably more diverse.