Under Trump, Approach to Civil Rights Law Is Likely to Change Definitively

civil rights

Washington — In the final weeks of the Obama administration, the Justice Department won the first hate-crime case involving a transgender victim and sued two cities for blocking mosques from opening.

Prosecutors settled lending-discrimination charges with two banks, then sued a third. They filed legal briefs on behalf of New York teenagers being held in solitary confinement, and accused Louisiana of forcing mentally ill patients into nursing homes.

And then, with days remaining, prosecutors announced a deal to overhaul Baltimore’s Police Department and accused Chicago of unconstitutional police abuses.gay hate

The moves capped a historic and sometimes controversial eight-year span in which the Justice Department pushed the frontiers of civil rights laws, inserting itself into private lawsuits and siding with transgender students, juvenile prisoners, the homeless, the blind, and people who videotape police officers. On issues of gay rights, policing, criminal justice, voting and more, government lawyers argued for a broad interpretation of civil rights laws, a view that they consistently said would put them on the right side of history.

Few areas of federal policy are likely to change so definitively. President-elect Donald Trump’s nominee to be attorney general, Senator Jeff Sessions of Alabama, opposes not only the Justice Department’s specific policies on civil rights but its entire approach. While liberal Democrats have criticized Mr. Sessions’s views on specific issues like gay marriage and voting, the larger difference is how differently the Trump administration will view the government’s role in those areas.

by Matt Apuzzo, New York Times, January 19, 2017

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Source: Time for Families

Thanks, Obama: A Gay Dad’s Love Letter To POTUS

“Under your stewardship, the US has become an LGBT city upon a hill.”

Dear Mr. President,

Sweeping rhetoric aside, it wasn’t love at first sight. As a social studies teacher, I was delighted by the possibilities of hope and change, but I found something a little opportunistic about a relatively young politician cutting the political line and surrounding himself with Kennedys. I was skeptical to say the least.

But you were persistent. Your intellect, humor and charm warmed me, and you clearly had an LGBT game plan, one that I recognized long before your “evolution” happened publicly. In June 2009, you issued a directive on same-sex domestic partner benefits and opened the door for the State Department to extend a full range of benefits to same-sex domestic partners of members of the Foreign Service. In October of that same year, you signed the long-stalled Matthew Shepard Hate Crimes Prevention Act into law. In December, 2010, backed by studies conducted by the Pentagon, you showed a willingness to spend significant political capital by repealing “Don’t Ask, Don’t Tell.” I admired your long game ― methodically chipping away at the wall of homophobic policies ― and found you to be the savviest of quarterbacks. I was smitten.same-sex married couples

Your administration sought input from national LGBT non-profits like Treatment Action Group and Family Equality Council, organizations on whose Boards of Directors I serve, to ensure as part of the Affordable Care Act that insurers could no longer turn someone away just because he or she is lesbian, gay, bisexual, or transgender. Obamacare also made it easier for people living with HIV and AIDS to obtain private health insurance and Medicaid. Most notably, you developed and released the first comprehensive National HIV/AIDS Strategy for the United States. Your administration changed passport and student loan application forms to become more gender inclusive. Next time I fill out my children’s governmental forms, I will not be forced to complete a box labeled “mother” like I did last time. Now, families like my own are allowed to re-enter the country as the unit that we are. These gestures may have gone unnoticed by the general public, but not by those of us who for decades have felt the simple desire to be treated like everybody else.

For Easter in 2011, my partner and I took our twins to the White House Easter Egg Roll. As a formerly closeted man who fearfully came of age during the Reagan years, I had a near out-of-body experience watching my two-year old children frolic carefree on the lawn of the White House and in the shadows of history. I felt a sense of belonging I had never before imagined, and I left the South Lawn with renewed optimism in the direction of our country. At that moment I felt the need to become active in your campaign for reelection, something I hadn’t considered since college. So I made nightly phone calls to swing states, talking to prospective voters about how the Obama administration had quite simply changed my life. I will never forget the voter from Scranton, Pennsylvania who told me she “couldn’t stand having that nigger in the White House.” I remember marveling at how the election of a black man to the highest office in the land had not moved us into a post-racial world. Neither of our fights is yet won.

I brought my twins to D.C. to witness your second inauguration in 2013; they turned four that very day. While they innocently thought that everyone had gathered at the Capitol for their birthday, our family did receive a present on that bitter cold morning just the same. I was floored by your mention of Stonewall in the same breath as Seneca Falls and Selma – incredulously asking everyone around me “Did he really just say that?” Yes, the President of the United States just gave legitimacy to my struggle as a gay man, and you’re damn right I shed a tear or two in appreciation. Our family returned to D.C. later that winter to be part of a rally at the Supreme Court when the Windsor case was being heard. This was more of a pilgrimage than a road trip. When I was a young man, I couldn’t fathom being comfortable enough with my sexuality to bring a boyfriend home, let alone think about marriage, the most ‘normal’ of American institutions. Now I was a grown partnered man, bringing his kids to the site where history was being made. Your administration’s decision to no longer defend the indefensible DOMA, paved the way for the court’s eventual decision. I just had to be in the room where it happened.

In December 2014, I was honored and surprised to receive an invitation to a White House Christmas reception. Even my mother, who is not a supporter, couldn’t contain her pride. Walking the halls of the White House with a glass of champagne that sparkled in equal measure with my awe, this teacher truly felt that he was in The People’s House. Unable to resist the urge to finally meet you in person, I strategically positioned myself along the receiving line. I cannot imagine that you remember having met me, but frequently find myself secretly hoping that you do. I gave it my best unscripted shot: “I know a lot of people blow smoke up your ass because you’re the President, but I want to keep it real. I’m a gay dad, and my husband is probably behind me snapping photos right now. Our twins were born the day after your inauguration. Our lives have benefitted immeasurably because of your leadership. Anytime the recalcitrant Congress tries to thwart you, I want you to think of me and my family. You are making a difference.” You put your hand on my shoulder and said, “Thank you. That means the world to me.” But really, you had me at hello.

The last two years of your administration have, for the LGBT community, demonstrated a stronger sprint to the finish line than American Pharaoh at Belmont. On the day the Supreme Court issued its decision in Obergerfell v. Hodges (2015), you directed that the White House be illuminated in the colors of the gay flag, a gesture so breathtakingly unbelievable that it left me scouring the Internet to determine its veracity. The photo went viral, sending a message of surreal optimism to gays in all corners of the world. But you didn’t stop with this rainbow exclamation point. This past year, you opened up the military to transgender soldiers and took aim at those who would deny transgendered students access to the bathroom they deem appropriate in public schools. One day transgender intransigence will be in the trash heap of history – next to segregated lunch counters – and we will look back to your actions as the tipping point. As a final salvo, this past June you directed the National Park Service to dedicate Stonewall, the site of riots and arrests of innocent gay people which is widely seen as the dawn of the modern gay rights movement, as the first National Monument focused on LGBT history. We’ve taken our children several times since, each time with a cone from Big Gay Ice Cream Shop, to reflect on just how sweet progress tastes.

by Frank Bua – huffingtonpost.com, January 8, 2017

Click here to read the entire letter.

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Fearing the Trump era, same-sex couples rush to adopt their own kids

second parent adoption, step parent adoption, surrogacy, gay surrogacy, gay families

As soon as the presidential election results were in, Megan Moffat Sather of West Seattle got a call from her lawyer: It was time to adopt her 6-month-old daughter, Winslow.

“I have to go through something that I think is actually humiliating,” Moffat Sather said. “I have to pay my own money for someone to come into my home and to judge whether or not I should be able to be the parent to my own child.”gay parents adoption

Jen Moffat Sather is Winslow’s biological mom. Megan Moffat Sather is not. They’ve been together 14 years and also have a son together.

But in the current political climate, Megan is afraid her rights as a parent might not be recognized if the family travels outside of Washington state.

One fear she expresses is that at some point in the future a hospital in some other state, for example, might exclude her from decisions involving her family. “It’s wrong, it’s absolutely wrong,” she said.

So Megan has embarked on a process called second parent adoption.

 

By David Hyde, KUOW.org, January 12, 2017

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Florida settles federal birth certificate suit, agrees to recognize same-sex married parents

gay parents adopting, same sex paretners

Two years after gay marriage became legal in Florida, the state has agreed to settle a federal lawsuit over birth certificates issued to children born into same-sex marriages.

Two married lesbian couples and the advocacy group Equality Florida Institute sued the state in 2015 after health officials refused to include both parents’ names on the documents. The lawsuit came months after same-sex marriages became legal in Florida and two months after the U.S. Supreme Court struck down state bans on gay marriage as unconstitutional. 

LGBT family rights in a Trump presidency

American Flag 3D Illustration

“Now more than ever, it’s imperative that our families have every protection available under the law,” Miami family law attorney Elizabeth Schwartz said in an Equality Florida news release. “As a Florida native, I’m grateful my home state has recognized the validity of our marriages and is willing to honor legal parents on this most essential of documents.”

State Department of Health officials had contended they lacked the authority to change birth-certificate forms without lawmakers taking action, a position that led to only birth mothers — and not their spouses — being listed on the documents. But the Republican-dominated Legislature, which last year met from January until mid-March, did not approve changes to the law to recognize that same-sex marriage is legal in Florida.

The Department of Health in May asked U.S. District Judge Robert Hinkle to dismiss the lawsuit, arguing that it was moot because the state had started listing both spouses on birth certificates of children born into same-sex marriages and had started a rule-making process to allow the designation of “parent” — in addition to “mother” and “father” — on the birth records.

But lawyers for the same-sex couples and Equality Florida objected, arguing that the health department’s “recent remedial measures are both substantively incomplete and procedurally lacking in finality” and that the issues are not moot.

Last week, lawyers for the plaintiffs and the state filed a document telling Hinkle they had reached a settlement in the case.

Under the settlement, the state agreed to issue corrected birth certificates free of charge to the plaintiffs and to all same-sex couples who received incorrect documents. The state also pledged to apply the statute regarding birth certificates “and any forms promulgated based on that statute to same-sex spouses in the same manner as they are applied to opposite-sex spouses.”

The state also agreed to pay $55,000 to in legal fees and costs to the plaintiffs.

By Dara Kam, The News Service of Florida – Miamiherald.com – January 11, 2017
Click here to read the entire article. 

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I Got Gay Married. I Got Gay Divorced. I Regret Both.

gay married gay divorce

In 2008, gay marriage was so new, my wife and I had a hard time finding a lawyer to help us legally join our lives together.

In 2013, gay divorce was so new, I had a hard time finding a lawyer to take our marriage apart.

We fell in love in the ’90s, when getting legally married wasn’t something two women could do. We danced in the streets on May 15, 2008, when the California Supreme Court ruled that “an individual’s sexual orientation — like a person’s race or gender — does not constitute a legitimate basis upon which to deny or withhold legal rights.”

And we decided to tie the knot ourselves the day before Election Day that year, when it suddenly seemed that California Proposition 8 was going to pass, banning same-sex marriage again.gay marriage

Beneath an arbor of grimy plastic ivy at the Alameda County Clerk-Recorder’s Office, we wept grateful tears as we swore to “love, honor, and keep each other, in sickness and in health, as long as we both shall live.”

Twenty-four hours later, Prop 8 did pass, changing the marital status of 18,000 same-sex California couples from “married” to “who knows?”

Also unknown: why the happiest day of our life together was one of our last happy days. Why nothing we tried — individual and marriage therapy, romantic vacations, trial separations — could fix us.

In 2013 I Googled “gay divorce lawyer” and found only “gay family law” attorneys. I called the one with the best Yelp reviews.

“I need to file for d — ” The word caught in my throat.

In many cities over many years, my wife and I had marched for marriage equality. We’d argued with the haters and we’d argued with the gay people who said that legal marriage would co-opt us, diminish us, turn us into a caricature of “normal” married people. We swore we could enjoy the rights only marriage conferred and still have our gender-fluid commitment ceremonies, our chosen-family configurations, our dexterity at turning friends into lovers and vice versa.

Divorce felt like more than a betrayal of my wedding vows. It was a betrayal of my people and our cause.

“Yours won’t be my first gay divorce,” the lawyer told me, “and I guarantee you, it won’t be my last.”

I asked how long it would take, and what it would cost. He couldn’t give me even a ballpark estimate. The laws were in such flux, he said, that both gay people who wanted to marry and gay people who wanted to divorce were twisting in the shifting winds.

When the lawyer and I had our first, $350-an-hour conversation, same-sex marriage was outlawed in 37 states and legal in 13 (and the District of Columbia). Change was the only constant, and each change increased the time (his) and money (mine) it cost to research its implications.

gay divorceMy case had a bonus complication. In 1999, before real marriage was available to us, my wife and I had registered as California domestic partners. Did we need a separate legal process to end that partnership? No one was sure.

I mailed the lawyer a big deposit. He emailed me a big stack of documents. On the first page, there it was: my wife’s name, right next to mine. The thrill of that triumph, of being a gay person with the legal recognition of a straight person, ran through me as it always had. Then I remembered that I was seeing it for the last time.

As the process unfolded over the next several months, I couldn’t help comparing my second divorce with my first, in 1983, from the father of my kids. That’s the one that should have been complicated. Like most straight married couples, my husband and I owned our stuff jointly — one bank account, two cars, one ranch house and everything in it. Most wrenchingly, we had two little boys whom neither of us could imagine living without for even a day. Yet our divorce, our property division and our custody agreement were all ironed out in a few meetings with a paralegal, whose services cost less than $1,000.

Like most early same-sex-marriage adopters, my wife and I had intermingled our hearts and lives but kept our finances and property separate. And yet I was in for a much longer, costlier contest.

On June 26, 2013, the Supreme Court nullified the Defense of Marriage Act, granting federal benefits to all current same-sex marriages. Six months, dozens of notarized documents and many thousands of dollars into the process of getting divorced, because we hadn’t yet officially filed, my soon-to-be ex-wife and I were more married than ever.

New York Times – January 7, 2017 – by Meredith Maran

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Do kids think of sperm donors as family?

veerle-p

How do we define a parent — or a family?

Bioethicist Veerle Provoost explores these questions in the context of non-traditional families, ones brought together by adoption, second marriages, surrogate mothers and sperm donations. In this talk, she shares stories of how parents and children create their own family narratives.veerle-p

Click here to watch the Ted Talk.

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Source: Time for Families

National Organization for Marriage Announces International Anti-LGBT Group

anti-lgbt

Brian Brown, director of the anti-LGBT National Organization for Marriage and president of the anti-LGBT hate group World Congress of Families (WCF), has announced the launch of the International Organization for the Family (IOF).

IOF is the new name of the Illinois-based Howard Center for Family, Religion and Society, which is the parent organization of WCF. The name and mission of the Howard Center have been re-tooled for an international arena, though WCF, which will remain a project of the IOF, according to Brown’s announcement, has always been extremely active internationally. Its world conferences serve as a key nexusfor religious right leaders and activists and the formulation of policies that are detrimental to LGBT people and reproductive health, and they provide a platform for anti-LGBT rhetoric and conspiracy theories

The IOF, which was ironically announced on Dec. 10, International Human Rights Day, has been in the works for a while.gay hate

In August of this year, the Howard Center sent out a letter to supporters signed by President Emeritus Allan Carlson, in which he stated that the Center’s board of trustees resolved to “sharpen the focus” of the organization “on international family questions” which reflect the reality “that key family policy battles now occur more frequently at the transnational level in bodies such as the U.N., the Organization of American States, and the European Union.” To that end, the board of directors of the Center resolved to change the organization’s name to IOF.  

The name of the Center’s policy journal is also changing from The Family in America: A Journal of Public Policy to The Natural Family: An International Journal of Research and Policy, but senior editing staff remains the same.

In keeping with the mission of the Howard Center and WCF to dictate the so-called “natural family” –– that marriage is only for one man and one woman –– as the only correct way to be a family, IOF’s first order of business was to release the “Cape Town Declaration” at a WCF regional conference at the Westin Hotel in Cape Town, South Africa.

The declaration purports to affirm marriage as only between a man and a woman, and “the patrimony of all mankind” to secure for children the “birthright of all men: to know the faithful love of the man and woman whose union gave them life.” The declaration goes on to assert that a “thriving culture will therefore serve marriage — and all society —by promoting purity outside it and fidelity within.” These “thriving cultures” will also discourage pornography, adultery and divorce, and will resist attempts to “redefine marriage” to include “same-sex or group bonds, or sexually open or temporary ones.”

Southern Poverty Law Center – December 19, 20165

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Conscious Surrogacy – Making the Best Decisions For Your Family

conscious surrogacy

Is there such a thing as conscious surrogacy? Yes, and those considering surrogacy will be confronted with some serious ethical questions.

Conscious surrogacy is a process. It is critical to understand some of the questions, and dilemmas, that you will face if you choose surrogacy to help you have your family.  If you are prepared to answer these questions before your surrogacy journey, and if you are comfortable with your answers, then you are ready to have these conversations with a potential surrogate mother.

What are some of the questions that you will face on your conscious surrogacy journey?

Do I want a single embryo or double embryo transfer? Do I want twins?  One of the first questions you will have to consider is whether you want to try and have twins with your surrogate mother.  Many choose this option for economic reasons.  If you know that you want more than one child, consecutive surrogacy journeys may not be an option.  But there is much more to consider.

conscious surrogacy

Twin pregnancies are much harder on the surrogate mother.  It can mean doctor ordered bed rest for your surrogate and more doctors’ visits, particularly in the third trimester.  Twin pregnancies also bring a higher risk of complications for the surrogate, such as preterm labor, and hypertension.

Twins arrive earlier. A normal singleton pregnancy is 40 weeks.  Most twins arrive early, at or before 36 weeks, which means that one or both of the children may require an extended hospital stay in the NICU (neonatal intensive care unit.)  Some doctors state that in 50% of twin pregnancies, a NICU stay is required.  This by itself may give parents pause about choosing a double embryo transfer.  Studies show that consecutive singleton births result in better medical outcomes than a single twin birth.  With all the information, you can make a conscious decision.

Do I want PGD or PGS? Preimplantation genetic diagnosis or screening is now being offered by most IVF facilities.  PGD or PGS allows a parent to view the genetic material of their child before an embryo is implanted in a surrogate mother’s womb.  PGD/S can show whether a child has any genetic disorders, the sex of the child and other genetic traits that may complicate a pregnancy.  While infertile couples who use IVF (in vitro fertilization), or anyone with a preexisting genetic condition,  may be familiar with PGD/S, couples or individuals who have their families with the assistance of a surrogate mother will most definitely be asked whether they want the information that PGD/S provides.

Knowing whether there is a genetic complication prior to embryo implantation may be in the best interests of all parties, however, choosing the sex of your child before it is born ventures into an ethical quagmire. Most families do not have this information and, while the technology exists, you must ask whether you want the information that it can provide.  The mental and physical health of your surrogate mother must be a priority in making this decision.

Do I want to selectively reduce if complications arise? Perhaps the most important questions you will confront is whether or not to selectively reduce, or abort, an embryo or fetus if there is a danger to the surrogate mother or to the child.  In reality, no state will enforce a gestational carrier contract which requires selective reduction.  The surrogate mother will always have the final say.  But you must know what you want first before you can discuss it with your surrogate.

While abortion is one of the most controversial topics in American society, it is routinely a part of conversations that intended parents have with their surrogate mothers. Surrogacy agreements attempt to cover all possible outcomes and obstacles that can arise during a surrogate pregnancy.  The most important aspect of this topic is being able to communicate your beliefs and desires with your surrogate.

There are many more issues that intended parents will face. Conscious surrogacy is about understanding the major decisions surrounding these issues and being able to come to a place of peace with each one, first with yourself, then with your surrogate mother.  Respecting her autonomy during the pregnancy will take you a long way toward reaching this goal.  Maintaining open and honest communication with your surrogate mother will also help to ensure that the journey is successful for all involved.

For more information about surrogacy, please visit http://www.timeforfamilies.com or email me at [email protected].

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Gay men increasingly turn to surrogates to have babies

more gay couples are embracing surrogacy

Cliff Hastings and Ron Hoppe-Hastings sailed through the vows at their 2011 civil union ceremony, until they got to the part about entering into fatherhood together.

“We cried our eyes out,” says Hastings, 41. The topic of parenthood was emotional for them, he says — they both really wanted kids — but there was more to it than that: “We didn’t know what the options were. We both thought that having kids might be more of a pipe dream than an actual reality.”

Today, Hastings and Hoppe-Hastings are the proud fathers of 11-month-old twin girls conceived with the aid of an egg donor and grown in the womb of a surrogate, a woman who carries a baby (or babies) for other people, often heterosexuals with fertility issues.surrogacy

No one tracks how many gay men are having babies via surrogates, but observers say that the numbers are growing.

“I’ve definitely seen an increase,” says Dr. Eve Feinberg, an assistant professor of obstetrics and gynecology at Northwestern University’s Feinberg School of Medicine.

“As gay marriage has become legal, I think it’s become much more socially acceptable for men to pursue fertility treatments and have babies.”

Five years ago, surrogacy for gay men was “unheard of” at Fertility Centers of Illinois, Feinberg says. When she left the practice in July, 20 to 30 male couples were pursuing surrogacy in a given year.

An informal survey of fertility clinics in more than 10 cities conducted for the Tribune by FertilityIQ (www.fertilityiq.com), a website where patients evaluate their fertility doctors, found that 10 to 20 percent of donor eggs are going to gay men having babies via surrogacy, and in a lot of places the numbers are up 50 percent from five years ago.

Cost remains a big barrier, according to FertilityIQ co-founder Jake Anderson, with costs for gay men, who typically need a surrogate and an egg donor, coming in at about $100,000 to $200,000. But with employers increasingly paying for fertility treatments for heterosexual couples, and lesbians pushing for insurance benefits that include them, gay men will likely gain more insurance coverage as well, according to Anderson.

“We think this is going to be pretty darn commonplace,” he says. “Maybe not tomorrow, but five years from now, 10 years from now, everybody will know a few people who have built their families through gay surrogacy.”

Hastings and Hoppe-Hastings, who are married and live outside Champaign, Ill., thought that they would adopt their children. But then, about three years ago, one of Hastings’ high school classmates posted pictures on Facebook. She was pregnant, and when Hastings congratulated her, she explained that she was a surrogate, carrying a baby for a heterosexual couple. The friend got Hastings in touch with the agency that had arranged her surrogacy, Family Source Consultants in Chicago.

by Nara Schoenburg, Chicagotribune.com, November 23, 2016

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Same-sex parents now account for 1 in 10 adoptions in England

England Adoption

Data published today has revealed that one in 10 adoptions in England is by a same-sex couple.

The data comes from the Department for Education, which published an update on children in care and fostering.

The stats reveal that of the 4,690 children adopted in the year ending March 31, 450 were adopted by same-sex couples.adoption

200 children were adopted by same-sex couples in civil partnerships, 70 children were adopted by married same-sex couples, and a further 180 were adopted by same-sex couples who are unmarried.

The growth, coupled with a decline in overall adoption by opposite-sex parents, means that the total proportion of children adopted by same-sex couples is at 10 percent for the first time.

It represents a drastic rise from 2012, when just 160 children were adopted by same-sex couples, accounting for less than five percent of adoptions in that year.

Gender breakdowns show that adoption has become more popular for both male and female couples, with 250 children adopted by same-sex male parents, and 200 adopted by same-sex female couples.

The data points have been rounded to preserve anonymity.

Tor Docherty of LGBT adoption charity  New Family Social, said: “Although the total number of adoptions fell in England in 2016, it’s heartening to see that agencies continue to consider and successfully place children for adoption with same-sex couples.

by Nick Duffy, December 8, 2016

PinkNews.com.uk

Click here to read the entire article.

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Source: Time for Families