Category: In the News

Utah Supreme Court Will Now Allow Surrogacy for Same-Sex Couples

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Utah Supreme Court

The Utah Supreme Court struck down a law stopping same-sex couples from having children through surrogacy.

Chief Justice Matthew Durrant declared in a Utah Supreme Court ruling that “same-sex couples must be afforded all of the benefits the State has linked to marriage and freely grants to opposite sex-couples,” reports Fox 13 Salt Lake City.Utah Supreme Court

The law was challenged by a gay couple who entered into a gestational contract with a straight couple, but ran into legal issues thanks to strict language in Utah’s laws governing surrogacy. A lower court judge noted Utah statute only allows surrogacy when an “intended mother is unable to bear a child or is unable to do so without unreasonable risk to her physical or mental health or to the unborn child.”

Lower courts ruled that with two gay men, there was no intended mother.

The Utah Attorney General’s office actually sided with the couple in the case, arguing the law should be gender neutral in its application, but it took going to the high court to deal with the explicit “mother” language appearing in the law as written.

Durrant wrote it was in the interest of the state to allow all same-sex couples the same access to surrogacy services.

Advocate.com by Jacob Ogles, August 2, 2019

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Bulgaria Court Recognizes Gay Marriage in Landmark Case

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Bulgaria gay

A court in Bulgaria has ruled in favor of a same-sex couple who married in France, in a case that recognized gay marriage for the first time in the conservative country.

Bulgaria gayAustralian citizen Kristina Palma, who married Mariama Dialo of France in 2016, was initially permitted to live, work and travel in Bulgaria and the European Union on the grounds that she married an EU citizen. But Bulgaria later denied her those rights, arguing that same-sex marriage was not legal in the country.

The couple fought a two-year battle that concluded Wednesday, when the court affirmed Palma’s rights as the spouse of an EU citizen.

Their lawyer Denitsa Lyubenova said the ruling could be an important first step toward legalizing same-sex marriage in the country.

 

By Associated Press via VOANews.com, July 25, 2019

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U.S. Couple Sues State Dept. Over Policy That Denied Citizenship To Their Baby

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An American couple’s daughter, who was born abroad with the help of a surrogate, was denied citizenship. Her parents, two gay men, are suing for discrimination.

This summer, James Derek Mize and his husband, Jonathan Gregg, celebrated their daughter’s first birthday at home in Atlanta with a party that coincided with WorldPride. Dressed in a rainbow outfit, the birthday girl, Simone, did what toddlers are bound to do: Took a fleeting glance at her presents and instead found delight in her favorite “toy,” an outdoor water hose.

denied citizenship

It was a memorable day for the parents. It was also a respite from the looming reality that Simone, who was born abroad with the help of a surrogate, would soon be at risk of being removed from the country that is her home.

“I try not to think about ICE coming to our door and deporting our baby,” Mr. Mize said in an interview last week. “That is a pretty hard thing to think about.”

On Tuesday, the couple filed a discrimination lawsuit against Secretary of State Mike Pompeo over the department’s decision to deny citizenship to Simone, even though both Mr. Mize and Mr. Gregg are American.

Their case, highlighted in a New York Times article in May, has drawn renewed attention to a State Department policy for children born abroad through assisted reproductive technology, which has come under scrutiny in recent months for its effect on same-sex couples. In June, nearly 100 Democratic members of Congress called on Mr. Pompeo to reverse the policy, which they called “cruel” and “deeply disturbing.”

Mr. Mize was born and raised in the United States. Mr. Gregg was born in Britain to an American mother, making him an American citizen as well. The couple, who married in 2015 in the United States, decided to start a family with the help of a close British friend, who offered to be their surrogate. Simone was born in Britain last year, using a donor egg and the sperm of her British-born father.

But when the family returned to their home in the Atlanta area and later applied for Simone’s American passport, she was denied citizenship.

The family was subject to a State Department policy that places an emphasis on biology when considering citizenship at birth. If the source of the sperm and egg do not match her married parents, the case can be treated as “out of wedlock,” which comes with a higher bar to citizenship.

In their case, Mr. Gregg, who moved to the United States to be with his husband, did not meet a five-year residency requirement. His lawyers say that requirement would not have applied if the case had rightfully been treated as in wedlock.

nytimes.com. July 23, 2019 by Sarah Mervoch

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Texas daycare denies child admission over parent’s same-sex relationship

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texas daycare

The two mothers were told it was an issue they are ‘mates’ by Parkview Christian Academy, a Texas daycare

A Texas daycare center has denied a child admission after learning her parents were a same-sex couple, one of the child’s mothers alleges.texas gay marriage

Brittany Ready and her wife Stacey applied to enroll their girl Callie into the Parkview Christian Academy in Waco.

However, Ready wrote in a Facebook post on Thursday (18 July) that the academy refused to allow Callie to enroll because her parents are married.

The academy’s enrollment procedure says that if they do not feel the school will be in the interests of the child, the child will be dismissed.

Ready said the couple were informed there was a place available at the academy, and they went to see the academy for themselves.

‘The director was super sweet and welcoming to us and Callie!’ Ready wrote in her post.

However, this did not last. After the couple filed administrative paperwork, they were called into the academy administrator’s office to discuss their application.

gaystarnews.com, July 21, 2019 by Callum Stuart

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U.S. women with less income, education often lack access to infertility care

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Although women from all walks of life tend to experience infertility at similar rates, a new U.S. study suggests there are wide disparities in access to treatment.

Researchers examined survey data collected between 2013 and 2016 from 2,052 women, ages 20 to 44, who were representative of more than 45 million women nationwide.PGS, PGD

Overall, 12.5% of the women reported trying to conceive for one year without becoming pregnant, the timeline doctors typically use to define infertility. Just a third of those making less than $25,000 a year sought treatment for infertility, compared with two thirds of those making $100,000 or more, researchers report in Fertility and Sterility.

“People of all races, education levels, incomes, citizenship statuses, health insurances and sites of health care use report similar rates of having infertility,” said Dr. James Dupree, an assistant professor of urology and obstetrics and gynecology at the University of Michigan in Ann Arbor.

“Women with less education, lower incomes, non-citizens and women without health insurance and without access to physician offices did not see their doctors as often for help with infertility,” Dupree said by email. “So, patients and families should know that if they have infertility, they’re not alone, and they should go to see their doctor for help.”

Most healthy couples can conceive within three to six months, although the process can take longer for people who are older or who have fertility compromised by certain medical conditions or lifestyle habits.

Infertility rates in the study ranged from 5.8% among women 20 to 24 years old up to 20.5% among women 40 to 44 years old.

Older women were also more likely to seek help: 67.3% of women 35 to 39 years old with infertility saw a medical provider, as did 61.7% of infertile women 40 to 44 years old. Only 11.7% of women 20 to 24 years old sought treatment for infertility.

Reuter.com, by Lisa Rappaport, July 17, 2019

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A gay Catholic school teacher was fired for his same-sex marriage. Now, he’s suing the archdiocese.

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Joshua Payne-Elliott was chaperoning a trip last month when he heard that his husband’s school had been stripped of its Catholic status for refusing to fire him at the demands of the local archdiocese.

Payne-Elliott, who worked at a different Catholic high school in Indianapolis, knew his institution’s president would soon face a similar decision.catholic school

Two days later, on June 23, Cathedral High School fired Payne-Elliott, who had been a world language and social studies teacher for nearly 13 years.

The school’s president “stated that sole reason for Payne-Elliott’s termination was, ‘the Archbishop directed that we [Cathedral] can’t have someone with a public same-sex marriage here and remain Catholic,’” according to a complaint.

Now, Payne-Elliott is suing the Archdiocese of Indianapolis, accusing the Catholic Church of discrimination and interfering with his teaching contract. Payne-Elliott is seeking compensation for lost earnings and benefits, as well as emotional distress, according to a lawsuit filed Wednesday in Marion Superior Court.

In the years since same-sex marriage has become legal, religious schools have grappled with how to handle faculty and staff who enter into unions recognized by the state but condemned by their institutions, with many opting to fire the LGBTQ teachers, leading to litigation and outrage.

“We hope that this case will put a stop to the targeting of LGBTQ employees and their families,” Payne-Elliott said in a news release, the Associated Press reported.

The archdiocese has remained steadfast, telling the Indianapolis Star that it has the right to determine appropriate conduct for teachers.

Two years ago, the archdiocese began requiring all Catholic schools to write into contracts that teachers must uphold church teachings. There are almost 70 Catholic schools, including 11 high schools, in the archdiocese, which enrolled more than 23,000 students during the 2018-2019 academic year, The Washington Post’s Valerie Strauss reported.

Washingtonpost.com, July 12, 2019 by Timothy Bella
 
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Florida Anti-gay policies vex school voucher program

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florida anti-gay voucher

Anti-gay policies haunt local schools eligible for the school voucher, known as Florida Tax Credit Scholarships.  They say on their web sites that they will not admit, or would expel, gay students or children of same-sex couples.

News reports that private schools receiving state-subsidized tuition vouchers have anti-gay policies against gay students has roiled the program, alienating some donors, including in the Tampa area.florida anti-gay voucher

At least a handful of local schools eligible for the vouchers, known as Florida Tax Credit Scholarships, say on their web sites that they will not admit, or would expel, gay students or children of same-sex couples.

Responding to questions from the Times, a few Tampa-area companies that donate to the program said they were concerned about discrimination.

But state officials and officials of the largest non-profit corporation that helps run the program say they aren’t discriminating — they simply provide the money for tuition subsidies to low-income families, who are free to use it where they wish.

In an op-ed in the Orlando Sentinel this week, Doug Tuthill, president of non-profit Step Up for Students, says the program has provided thousands of disadvantaged students education opportunities they couldn’t otherwise afford.

He said the program aids any family that meets the income guidelines, “no matter their race or ethnicity or religion or sexual orientation or gender identity.” Those families can then use the money at any of 1,800 participating private schools that will admit the student.

Tuthill said the corporation has found 38 of those schools that “express disapproval of homosexuality in their codes of conduct.”

He also said in his 11 years as Step Up president, “I’ve never seen evidence of a single LGBTQ+ scholarship student being treated badly by a scholarship school. And I’ve looked.”

The state Constitution prohibits spending state money on religious endeavors including schools, so the program uses corporate income tax credits as a work-around. Corporations who donate to Step Up or a similar organization get a dollar-for-dollar tax credit; Step Up then distributes the money as scholarships, or vouchers.

TampaBayTimes.com, by William March – July 8, 2019

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Indian high court dismisses plea for gay marriage

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The Indian High Court in Dehli has turned down a plea urging it recognize equal marriage, or gay marriage, and other LGBT+ rights in India.

The court had been asked to amend the Hindu Marriage Act and other family laws in order to usher in Indian gay marriage and adoption rights, The Statesman reported on Monday (July 8).Dutee Chand

Tajinder Singh, the petitioner, argued “the constitution treats everyone equally without any discrimination. It is the duty of the state to ensure that no one should be discriminated.”

Chief Justice D.N. Patel and Justice C. Harishankar turned down the request, arguing that the court was not in the business of drafting laws.

Singh had also asked that the court form a committee to look into LGBT+ rights.

In its ruling, the court said that while it would not do this, the government is free to form such a body.

“It is incumbent upon the legislature and not the court to recognise the familial relations of LGBTQ community,” the court said, according to Live Law correspondent Karan Tripathi.

Gay sex decriminalised in India

Gay sex was decriminalised by India’s Supreme Court in September 2018.

Under a colonial-era law, men, women or non-binary people who had same-sex relations faced up to life in prison.

PinkNews.co,uk bu Reiss Smith, July 8, 2019

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New Va law makes surrogacy easier for singles, same-sex couples

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New Va law makes surrogacy easier for singles, same-sex couples.

New Va law makes surrogacy easier for singles, same-sex couples.  Changes to rules about surrogacy in Virginia take effect Monday, as part of a raft of new laws effective July 1.new Va. surrogacy

The changes allow single people or same-sex couples to enter into surrogacy agreements in Virginia. The law previously limited surrogacy agreements to those where the child would end up with a married man and woman as parents.

The change was sparked by a four-year fight by Jay Timmons, a former chief of staff for Gov. George Allen, and his husband, Rick Olson, to get full legal custody of their son, Jacob. A Wisconsin judge, who has since resigned, attempted to take away their parental rights.

The couple had gone through the surrogacy process in Wisconsin due to what appeared to be clearer laws guaranteeing their rights.

“There was literally not one night where we didn’t feel like we would wake up and have somebody knocking on our door to tell us that they were taking our child away,” Olson said.

He called the law “a monumental milestone in a four-year horrific journey.”

Jacob turns 4 this summer. He has two older sisters.

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Trump’s Betrayal – The Gay Truth About Trump

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trump's betrayal

Trump’s betrayal of us is his betrayal of all of America.

Trump’s Betrayal – I’ll never buy Donald Trump as gay positive. But I’d bet on gay blasé.

“I think it’s absolutely fine,” he said when asked in a Fox News interview about displays of affection between Pete Buttigieg and his husband, Chasten. “That’s something that perhaps some people will have a problem with. I have no problem with it whatsoever. I think it’s good.”trump's betrayal

He not only picked an openly gay man, Richard Grenell, to be the American ambassador to Germany but also reportedly moons over Grenell’s good looks. “He can’t say two sentences about Grenell without saying how great of a looking guy he is,” an unnamed associate of Trump’s told Axios’s Jonathan Swan. When Trump catches the ambassador on TV, he gushes, “Oh, there’s my beautiful Grenell!”

During the 2016 campaign, he spoke out against a North Carolina law forbidding transgender people to use bathrooms consistent with their gender identity and said that Caitlyn Jenner could use the commode of her choice in Trump Tower.

And then, of course, there was his speech at the Republican National Convention, when he carefully enunciated “L.G.B.T.Q.,” pledged to protect those of us represented by that consonant cluster and, upon hearing applause, added, “I have to say, as a Republican, it is so nice to hear you cheering for what I just said.”

I’m glad he enjoyed it. We L.G.B.T.Q. Americans aren’t enjoying him. Far from protecting us, he and his administration have stranded us, packing federal courts with judges hostile to gay rights, barring transgender Americans from military service and giving a green light to Americans who, citing religious beliefs, don’t want to give us medical care or bake us a cake. When several United States embassies — including the one in Berlin, over which Grenell presides — requested permission to fly the rainbow flag this month in honor of Gay Pride, the State Department said no.

It’s an ugly story, and it pretty much sums up Trump’s approach to governing. His treatment of gay people perfectly reveals the flabbiness of his convictions and his willingness to stand at odds with a majority of Americans if it pleases the smaller number who adore him. He’ll suffer our anger for their ardor. Decency and principle don’t enter into it.

And he is at odds with most of the country, very much so. Take the Trump administration out of the equation and the march toward gay equality continues apace. As gay and transgender Americans prepare to celebrate the 50th anniversary of the Stonewall uprisingon June 28, we inhabit a state of cognitive dissonance, staring at a split screen: insults from the White House on one half of it, positive reinforcement from elsewhere on the other.

Democrats’ embrace of Buttigieg, the first openly gay politician to land in the top tier of presidential candidates, illustrates the trajectory beyond Trump. “As recently as five or 10 years ago, I think, a project like this would have been dismissed out of hand,” Buttigieg told me in a recent interview, referring to his campaign. “It was unsafe for Democrats to support same-sex marriage at the beginning of this same decade that we’re living in now.” President Barack Obama didn’t endorse it until 2012, Hillary Clinton until 2013. A Supreme Court ruling legalized it nationwide in 2015.

NYTimes.com, b y Frank Bruni, June 20, 2019

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