Month: September 2019

Judge Allows Religious-Based Michigan Adoption Agencies to Turn Away LGBT Couples

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Michigan adoption LGBT

Religious-based adoption agencies that contract with the state of Michigan will be allowed to refuse to place children in LGBT homes under a preliminary injunction issued by a federal judge Thursday.

District Judge Robert Jonker in Grand Rapids Michigan blocked Democratic state Attorney General Dana Nessel, Michigan’s first openly gay statewide officeholder, from barring the faith-based agencies from excluding LGBT couples from adoption services.Michigan adoption LGBT

He said her action conflicted with state law, existing contracts and established practice. Nessel had, through a legal settlement between same-sex couples and the state Department of Health and Human Services, reversed the state’s stance earlier this year.

Michigan, like most states, contracts with private agencies to place children from troubled homes with new families.

Jonker, in issuing a preliminary injunction, said Lansing-based St. Vincent Catholic Charities’ longstanding practice of adhering to its religious beliefs and referring same-sex and unmarried couples to other agencies is not discriminatory.

Wanting to cancel the contract “strongly suggests the State’s real goal is not to promote non-discriminatory child placements, but to stamp out St. Vincent’s religious belief and replace it with the State’s own. … It would disrupt a carefully balanced and established practice that ensures non-discrimination in child placements while still accommodating traditional Catholic religious beliefs on marriage,” he wrote.

A spokeswoman for Nessel said her office was reviewing the decision to determine next steps.

Nessel in March announced an agreement with the American Civil Liberties Union to resolve a 2017 lawsuit filed by two lesbian couples. The settlement said a 2015 Republican-backed law that lets child-placement agencies not provide any services that conflict with their sincerely held religious beliefs does not apply if they are under contract with the state.

Time.com by David Eggert, September 27, 2019

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Employment Discrimination – Can Someone Be Fired for Being Gay? The Supreme Court Will Decide

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employment discrimination

The Supreme Court has delivered a remarkable series of victories to the gay rights movement over the last two decades, culminating in a ruling that established a constitutional right to same-sex marriage.  Is Employment Discrimination nest?

But in more than half the states, employment discrimination exists and someone can still be fired for being gay.employment discrimination

Early in its new term, on Oct. 8, the court will consider whether an existing federal law, Title VII of the Civil Rights Act of 1964, guarantees nationwide protection from workplace discrimination to gay and transgender people, even in states that offer no protections right now.

It will be the court’s first case on L.G.B.T. rights since the retirement last year of Justice Anthony M. Kennedy, who wrote the majority opinions in all four of the court’s major gay rights decisions. And without Justice Kennedy, who joined four liberals in the 5-to-4 ruling in the marriage case, the workers who sued their employers in the three cases before the court may face an uphill fight.

“Now that we don’t have Kennedy on the court, it would be a stretch to find a fifth vote in favor of any of these claims that are coming to the court,” said Katherine Franke, a law professor at Columbia and the author of “Wedlocked: The Perils of Marriage Equality.”

She added that lawyers working to expand gay rights might have focused too narrowly on the right to marry. “The gay rights movement became the marriage rights movement,” she said, “and we lost sight of the larger dynamics and structures of homophobia.”

Other experts said the court should have little trouble ruling for the plaintiffs.

“Lesbian, gay, bisexual and transgender Americans continue to face widespread job discrimination because of their same-sex attraction or sex identities,” said William N. Eskridge Jr., a law professor at Yale and the author of an article in The Yale Law Journal on Title VII’s statutory history. “If the justices take seriously the text of Title VII and their own precedents, L.G.B.T. Americans will enjoy the same job protections as other groups.”

The Supreme Court’s earlier gay rights rulings were grounded in constitutional law. Romer v. Evans, in 1996, struck down a Colorado constitutional amendment that had banned laws protecting gay men and lesbians. Lawrence v. Texas, in 2003, struck down laws making gay sex a crime. United States v. Windsor, in 2013, overturned a ban on federal benefits for married same-sex couples.

And Obergefell v. Hodges, in 2015, struck down state bans on same-sex marriage, ruling that the Constitution guarantees a right to such unions.

The new cases, by contrast, concern statutory interpretation, not constitutional law.

The question for the justices is whether the landmark 1964 law’s prohibition of sex discrimination encompasses discrimination based on sexual orientation or gender identity. Lawyers for the gay and transgender plaintiffs say it does. Lawyers for the defendants and the Trump administration, which has filed briefs supporting the employers, say it does not.

NYTimes.com by Adam Liptak, September 23, 2019

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New NY legislation prevents courts from denying child adoptions to petitioners that are already legally-recognized parents

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same-sex parents

Governor Andrew Cuomo announced he signed legislation (S.3999/A.460) prohibiting New York State courts from denying child adoptions to petitioners who are already a legally-recognized parent solely on that basis.

The bill, signed by Cuomo, protects parents whose names were not on the birth certificate, same-sex couples, and parents who had a child through surrogacy from being denied adoptions when the parent petitioning is already recognized as the child’s parent.parent adoption

“All parents deserve the same rights and the same recognition under the law – period – and it’s unconscionable that this isn’t the case in every corner of this nation,” Governor Cuomo said. “These new protections will help ensure that all families are treated with fairness and equality and that no parent encounters unreasonable barriers in a court of law.”

“We are thankful to the countless same-sex couples who provide loving homes for children across New York,” said Lieutenant Governor Kathy Hochul. “Today’s action will protect the rights of these couples and furthers our commitment to ensure equality for the LGBTQ community.”

Senator Brad Hoylman said, “While New York’s laws provide strong legal protections for LGBTQ families like my own, sadly that’s not the case everywhere. With the passage of this law, we are reaffirming that non-biological parents have access to adoption proceedings in every New York court, regardless of whether state law already recognizes them as the legal parent of their children. By allowing these adoptions, we give parents traveling or moving outside New York State the opportunity to keep their families legally secure. I thank Senate Majority Leader Andrea Stewart-Cousins, Senator Velmanette Montgomery, and Assembly Member Amy Paulin for their work in passing this vital legislation, and Governor Cuomo for his continued support of the LGBTQ community.”

Assembly Member Amy Paulin said, “Despite the fact that judges already have the ability to grant adoption petitions and routinely have done so, there have been times where these petitions have been denied, causing surprise and stressful uncertainty for same-sex couples. With this law, we provide a guarantee and security that parents’ rights are recognized, both in New York and in other jurisdictions.”

While the spouse of a woman who gives birth to a child is presumed to be the child’s parent, same-sex couples find themselves in a legally precarious position when traveling beyond New York State, in places that do not fully respect the rights of non-biological parents. Under the new law, a New York adoption would be honored in another jurisdiction. This gives children the security that both their parents will be legally recognized wherever family members may be.

This new law takes effect immediately.

Click here to read the language of the Bill.

whcuradio.com, September 17, 2019

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Phoenix Business Can Refuse to Make Invitations for Same-Sex Couples

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Phoenix Business Can Refuse to Make Invitations for Same-Sex Couples

With these fundamental principles in mind, today we hold that the City of Phoenix … cannot apply its Human Relations Ordinance … to force Joanna Duka and Breanna Koski, owners of Brush & Nib Studio, LC (“Brush & Nib”), to create custom wedding invitations celebrating same-sex wedding ceremonies in violation of their sincerely held religious beliefs. Duka, Koski, and Brush & Nib (“Plaintiffs”) have the right to refuse to express such messages under article 2, section 6 of the Arizona Constitution, as well as Arizona’s Free Exercise of Religion Act (“FERA”), A.R.S. § 41-1493.01.”Phoenix same sex

The case pitted the business owners against the city of Phoenix, with key elements including the concepts of artistic freedom, religious rights, and anti-discrimination laws.

The case began in May 2016, after Brush & Nib and its owners claimed that a Phoenix anti-discrimination law violated their artistic and religious freedom. They filed a lawsuit in Maricopa County Superior Court.

Artist Breanna Koski and calligrapher Joanna Duka founded Brush & Nib Studio in 2015. The company specializes in hand-painting and hand-lettering for weddings, special events, and home decor. They also sell ready-made products such as signs and thank-you cards.

“The rights of free speech and free exercise, so precious to this nation since its founding, are not limited to soft murmurings behind the doors of a person’s home or church, or private conversations with like-minded friends and family,” wrote Justice Andrew Gould for the majority. “These guarantees protect the right of every American to express their beliefs in public. This includes the right to create and sell words, paintings, and art that express a person’s sincere religious beliefs.

The business owners said that Phoenix City Code 18-4(B)(1)-(3) prevented them from exercising artistic and religious freedom by requiring that they create wedding invitations for same-sex couples.

Adopted in 2013, the ordinance prohibits discrimination based on race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability. It applies to businesses offering services to the general public.

Brush & Nib Studio is represented by Scottsdale-based Alliance Defending Freedom, a legal advocacy and training group founded in 1994 to promote what it calls religious freedom, marriage and family, and the sanctity of life.

The Alliance Defending Freedom has been designated as a hate group by the Southern Poverty Law Center, which condemns the alliance for its “anti-LGBT ideology.”

The alliance’s clients include Jack Phillips, a Colorado baker who refused to make a wedding cake for a same-sex couple in 2012. That case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, went all the way to the U. S. Supreme Court. In June 2018, the court ruled in Phillips’ favor in a 7-2 decision.

The Alliance Defending Freedom announced that it intends to hold a press conference with the Brush & Nib owners this afternoon.

phoenixnewstimes.com by Lynn Trimble, September 16, 2019

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Gay married couple sues after daughter denied U.S. citizenship

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gay married couple

The Maryland couple’s infant daughter was born in Canada to a surrogate mother earlier this year.

A gay married couple in Maryland is suing to challenge the State Department’s refusal to recognize the U.S. citizenship of their infant daughter, who was born in Canada to a surrogate mother this year.

gay married couple

Photo Courtesy of Immigration Equality.

The federal lawsuit, filed Thursday, says a State Department policy unlawfully treats the children of married same-sex couples as if they were born out of wedlock.

The plaintiffs, Roee and Adiel Kiviti, had their first child, Lev, in 2016; he was born in Canada via surrogacy and has had U.S. citizenship since birth. However, their second child, Kessem, was born in 2019, after the Trump administration began enforcing the Immigration and Nationality Act’s provision that children born “out of wedlock” do not automatically obtain U.S. citizenship.

 

The State Department’s application team has in several cases categorized the children of same-sex couples that use fertility services, like sperm donors and surrogacy, as born “out of wedlock.” An attorney for the Kiviti family says their suit is at least the fourth such case to challenge the policy.

Immigration Equality, an LGBTQ immigration advocacy group, is leading the court effort to gain birthright citizenship for these children. The organization is working with the Kivitis and the other three known families suing the State Department for the same reason: Andrew and Elad Dvash-Banks; Allison Blixt and Stefania Zaccari; and Derek Mize and Jonathan Gregg.

NBCNews.com by The Associated Press and Tim Fitzsimmons, Septemeber 12, 2019

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Gay fathers study shows they receive less parental leave than other couples

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Gay fathers study shows they received the same number of weeks off as different-sex couples in just 12% of 33 countries studied

Gay fathers study shows that around the world they receive less paid parental leave than lesbian or heterosexual couples, researchers said on Thursday, with many left struggling to pay household bills if they opt to spend more time at home with their children.gay fathers

The study by researchers at the University of California, Los Angeles (UCLA) examined paternity laws in 33 member countries of the Organisation for Economic Co-operation and Development (OECD) that offer paid leave to new parents.

First published in the Journal of Social Policy, the research found that gay male couples received the same number of weeks off as different-sex couples in just 12% of those nations.

Lesbian couples received equitable time off in just under 60% of the countries studied, researchers found after examining legislation gathered by the International Labour Organization in 2016. Some countries have since updated their leave policies.

“A lot of the differences in leave stem from gender stereotypes where women are the primary caregivers,” Elizabeth Wong, the lead author, told the Thomson Reuters Foundation.

“That not only affects heterosexual couples, it greatly disadvantages same-sex male couples.”

Laws in most countries did not prohibit same-sex couples from paid leave, but policies only referenced the needs of heterosexual couples and did not acknowledge same-sex couples.

As of 2019, same-sex marriage was legal in less than 30 countries, and gay sex remains illegal in about 70 countries.

The rise of far-right political parties around the world has raised concern around LGBT+ rights, and the fight for parenthood or adoption rights is a legislative battle even in countries like Germany.

On average, same-sex male couples had five fewer months of paid leave than different-sex couples, while same-sex females received three fewer months than heterosexual couples, researchers said.

The study did not address transgender or non-binary couples.

Australia, New Zealand, Iceland and Sweden were the only countries to offer the same paid leave to all couples, including gay men, ranging from 18 to 70 weeks.

While companies in Switzerland often offer parental leave to men, only a minority of people benefited, said Jody Heymann, a director at WORLD Policy Analysis Center.

“There’s little doubt that if you want to avoid discrimination, it’s far better for paid leave to be done through social insurance,” said Heymann of government funded public health programs.

A 2018 report from the WORLD Policy Analysis Center found that OECD countries that offered six months paid parental leave saw increased numbers of workers and no change to unemployment or economic growth.

Thomson Reuters Foundation by Kate Ryan, September 5, 2019

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The unintended consequences of Canada surrogacy law changes (Opinion)

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Canada surrogacy law

There are unintended consequences to Proposed Canada surrogacy law changes.

Canada is considered an international surrogacy destination, with progressive laws that have attracted couples internationally. But, in just over nine months, a new Canadian fertility landscape will be born, bringing new regulations for reimbursing surrogates and donors. In fertility circles – both in Canada and beyond – there is fear that these new regulations by law will discourage people from becoming surrogates and donors.Canada surrogacy law

The new regulations from Health Canada, which come into effect June 9, 2020, set out exhaustive categories of reimbursable expenses – a big change from the current system, which does not specify what can be reimbursed and allows for wide interpretation of what constitutes a “reasonable expense.” That wide interpretation has allowed for flexibility in customizing fertility arrangements but may have a huge effect on Canada surrogacy law.

When the new rules take effect, eligible expenses will, for instance, include travel, insurance and legal fees, as well as counselling services and care for dependents and pets. The idea is to offer more certainty about which reimbursements are legitimate – and to allay any fears about being subjected to criminal sanctions.

Federal Health Minister Ginette Petitpas Taylor has said that the regulations would provide couples struggling with infertility, single individuals, same-sex couples and others in the LGBTQ2 community more flexibility in building families. Couples will have the option to offer surrogates reimbursements for certain products and services beyond the actual pregnancy and into the postpartum period, which was not previously the case. This might make it easier for couples to obtain a surrogate, as they can provide reassurance that expenses related to potential health complications arising after the delivery will be reimbursed. But at the same time, the new regulations introduce more onerous requirements for reimbursement by requiring surrogates and donors to complete signed declarations in addition to providing receipts (surrogates are exempted from providing receipts under certain circumstances).

The biggest concern is that the regulations will likely make it even more difficult to access assisted reproduction, including medical procedures such as in-vitro fertilization, to conceive a child with the help of a surrogate and/or donor. The fear is that the new regulations will further discourage individuals from becoming surrogates and donors. Currently, surrogates and donors in Canada are driven by altruistic motivations, since it remains illegal to pay a surrogate for her services or pay for ova or sperm from a donor. However, if potential surrogates and donors risk not being reimbursed for reasonable out-of-pocket expenses, they may be dissuaded from helping others build families.

Alarmingly, the draft guidance document interpreting the regulations released by Health Canada states that “[t]here is no obligation to reimburse, meaning that only persons who wish to reimburse eligible expenditures will do so.” This could lead to exploitation of donors and surrogates. (The guidance document has not yet been finalized; consultation on it closed on July 26.)

www.theglobeandmail.com by Melissa Salfi, September 6, 2019

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Source: Time for Families