Civil rights groups sue over Trump foster care policies

Civil rights groups are filing a lawsuit against the Trump foster care policies and the state of South Carolina, alleging the governments are making it easier for taxpayer-funded adoption and foster care agencies to discriminate against same-sex and non-evangelical couples.

Thursday’s lawsuit from the American Civil Liberties Union (ACLU) and Lambda Legal was filed in the U.S. District Court for the District of South Carolina on behalf of a married lesbian couple. Eden Rogers and Brandy Welch were turned away by Miracle Hill Ministries, South Carolina’s largest state-contracted, federally-funded foster care agency.  The suit targets Trump foster care policies.Trump foster care policies

The lawsuit comes after the Department of Health and Human Services (HHS) earlier this year granted a waiver to a faith-based adoption agency in South Carolina that allows it to continue turning away same-sex and non-Christian couples while receiving federal money.

The ACLU and Lambda Legal said the federal waiver means the administration is condoning discrimination, and the lawsuit said the use of religious eligibility criteria is unconstitutional.

“This practice harms vulnerable children by denying them access to the loving families they desperately need and limits opportunities for would-be foster parents to participate in the public child welfare system on the basis of religion and sexual orientation,” the lawsuit said.

According to the groups, in order to foster through Miracle Hill, a family must agree with Miracle Hill’s “doctrinal statement,” including “that God’s design for marriage is the legal joining of one man and one woman in a life-long covenant relationship.”

Miracle Hill has said they refer couples who do not meet their criteria to other agencies, but the lawsuit noted those other couples are offered only a limited set of options, and are excluded from the state’s largest agency with potentially the most support to offer adoptive couples.

“Trump’s HHS and South Carolina should not be permitting foster care agencies that receive taxpayer money to care for wards of the state to disqualify potential foster parents because they don’t conform to a religious litmus test,” said Currey Cook, counsel at Lambda Legal. “Agencies have no right to exclude families because of their faith or sexual orientation.”

Recent reports suggest the administration is planning to release a new rule as early as this summer that would make it easier for federally-funded foster care facilities to deny services to same-sex couples.

TheHill.com, May 30, 2019, by Matthew Weixal

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David Strah Shares His Experiences Raising a Trans Son on Latest Episode of Daddy Square

David Strah

Author David Strah sat down with the Daddy Square guys to talk about fatherhood, his book, and experiences raising a trans son.

Here’s a fact: gay parents are much more attentive to their kids’ gender expressions than heterosexual parents. Just from the nature of growing up different, sometimes in an unwelcoming environment, we don’t want our kids to suffer the emotional pain that we went through.David Strah

This is a partial explanation for an amazing growing phenomenon, where gay couples step forward and adopt transgender youth who were thrown out of their homes. In this episode of Daddy Squared we brought on David Strah, a family therapist from Los Angeles who specializes in LGBTQ issues. David is also a father of a transgender boy, and shares from his own personal experience.

“It’s sort of a myth that trans people or trans kids come out and say ‘this is the way I am’ at age 2,” David explains. “There are normally a few things that happen or that show up, and sometimes it means that they are going to be trans and sometimes it doesn’t, and sometimes it means that they’re going to be somewhere in the middle. I think it’s about educating ourselves, about being sensitive, about creating a household that’s trans friendly, talking about things, really getting in front of the issues, talking about the gender spectrum – all the differences, and how it is a spectrum and you don’t have to be one way or the other. You can be somewhere in between or you can lean towards being a boy or lean towards being a girl and then another day you can decide to do something different.”

David thinks it’s really important to listen to our kids and if they’re saying something very clearly, to really respond to that and cooperate with them.

“I think that when my younger son, when he was a girl, probably at around 5 or 6, he definitely wanted to wear boys underwear, briefs,” David shares. “So we went out to the Gap and bought boys’ briefs and we were absolutely fine with that. We didn’t really know what it meant but we felt that he was directing that and that’s something he wanted to do so we did it, and at that time, to be perfectly honest, we thought, well, he’s got two dads and a big brother so he probably wants to wear underwear like he sees on other people in his family.

“There was another time, around Rosh Hashanah, and she needed a new dress. She absolutely refused to wear a dress, she wanted a suit, so we said okay, and went to J. Crew and bought a suit and we said ‘but you have to wear a flower on the lapelle – which was kinda silly in retrospect on our part—but that was a compromise, she was very happy and she looked very chic.”

Click here to listen to the Daddy Squared Podcast.

GaysWithKids.com by Yanir Dekel, May 29, 2019

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Alabama Same-Sex Marriages: Alabama passes law to eliminate marriage licenses to spite same-sex couples

Lawmakers have passed legislation that would eliminate marriage licenses in the state. The measure is widely seen as a punitive attack on the LGBTQ community after the Supreme Court legalized Alabama same-sex marriages years ago.

A license would no longer be required to get married under the new law. Instead, couples would file an affidavit that they were married and it would be recorded.

Judges in the state have been using a loophole to refuse to issue marriage licenses to gay couples already. The law says probate judges “may” issue licenses but does not require them to do so. Some judges refuse and couples have to go to a different judge to get the license.

The bill’s author, Republican state senator Greg Albritton, has pushed the bill since the court ruling. This is the first time it has passed both chambers. It now awaits Governor Kay Ivey’s signature.

Ivey, a far right Republican, recently signed the nation’s most restrictive abortion laws despite national outcry from both sides of the aisle. The measure effectively outlaws abortion – even in cases of rape and incest. She is expected to sign this bill as well.

Albritton has been trying to sell the legislation as a way to “respect” marriage equality by removing government permission altogether.

May 24, 2019, by Bill Browning, LGBTQNation.com

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Transgender dads tell doctors: ‘You can be a man and have a baby’

transgender dad

Transgender dads say they face misinformation, bias and a lack of understanding from the medical establishment when they decide to start a family.

When transgender dads, like Jay Thomas, 33, decide to get pregnant in 2016, he spoke to his physician.transgender dad

Thomas, a cook who lives in Louisville, Kentucky, explained to his doctor that he and his wife, Jamie Brewster, 33, a bank employee, are both transgender, and that he had been on testosterone for more than two years. The physician said Thomas had likely gone through early menopause, and that if they were able to conceive at all, he would have to go off the hormone for at least 18 months.

But none of that turned out to be true, according to Thomas, who gave birth to the couple’s son Dorian, 2, less than a year after that doctor’s appointment.

“We got pregnant in three months,” Thomas said.

One of the most persistent myths transgender men and nonbinary people hear from doctors is that testosterone has sterilized them, experts say. While testosterone generally blocks ovulation, trans men can get pregnant while taking it, particularly if they are not taking it regularly.

It’s just one example of the misinformation and discouragement transgender men say they face from the medical establishment when they decide to get pregnant — a problem advocates and experts blame on a lack of training and research around transgender health care, as well as doctors’ biases.

There is no data on how many transgender men and nonbinary people give birth in the United States each year, because medical systems track them as female, but experts believe the numbers are likely higher than many would expect. The number of people who identify as transgender is growing: A 2016 study from the Williams Institute found that 1.4 million adults in the U.S identify as transgender, which was double the estimate based on data from a decade earlier.

In Australia, where government agencies began tracking both sex and gender in official records in 2013, 54 transgender men gave birth in 2014, according to statistics from the country’s universal health care system. And a Dutch study published in the journal Human Reproduction in 2011 found that a majority of trans men reported wanting families.

But doctors, nurses and medical office staff are still adjusting to the idea that those who are pregnant may not identify as women. Transgender and nonbinary people describe gaps in medical professionals’ understanding ranging from an ultrasound technician calling them by the wrong name to doctors who tell them hormone therapy probably ruined their fertility. The consequences can be dire. A recently published case study described a transgender man who went to an emergency room with severe abdominal pain — but doctors were slow to realize that he was pregnant and in danger. The man delivered a stillborn baby several hours later.

nbcnews.com, May 19, 2019 by Julie Compton

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Legal Basics for LGBTQ Parents

lgbtq parenting

It’s never been easier for LGBTQ people to become parents.

We can now adopt and serve as foster parents in every state in the country. Thanks to advancements in assisted reproductive technology, otherwise known as ART, and innovative co-parenting and known-donor arrangements, we’re also having biological children in greater numbers. llgbtq parentingDespite this progress, a complex network of state laws, regulations and restrictions affect many of our most common paths to parenthood, meaning would-be LGBTQ. parents can face a far more complicated legal landscape than our straight counterparts. 

Legal concerns for LGBTQ people are generally impacted by three factors: the state you live in, your preferred path to parenthood and your relationship status. To gain a better understanding of each, I interviewed four experts at some of the country’s top LGBTQ legal and policy organizations.

THE GIST

  • Know the laws in your state; your legal outlook can vary widely depending on where you live. 
  • Your preferred path to parenthood (donor arrangements, adoption or fostering) will present you with a specific set of legal considerations. 
  • Other legal concerns arise depending on your relationship status: whether you’re single, in an unmarried relationship or married.
  • If you are not biologically related to your child, legal experts recommend taking steps to protect your legal status as a parent, even if you’re married to your child’s biological parent. 
  • Parenthood for LGBTQ people doesn’t always come cheap — but there are some ways to offset the costs. 
  • If you encounter obstacles, don’t give up. An experienced family lawyer is often familiar with legal workarounds, even in states with unfavorable laws for the LGBTQ community.

NYTParenting.com by David Dodge, May 7, 2019

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Kentucky Appellate Court Rejects Lesbian Co-Parent Custody/Visitation Claim, Reversing Family Court

kentucky

kentucky
Not So Welcome

Adopting a narrow construction of the Kentucky Supreme Court’s historic same-sex co-parent ruling, Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010), a three-judge panel of the Court of Appeals of Kentucky, ruling on November 30, reversed a decision by Jefferson Circuit Court Judge Deana D. McDonald, and ruled that Teri Whitehouse, the former union partner of Tammie Delaney, is not entitled to joint custody and parenting time with a child born to Delaney during the women’s relationship.  From comments in concurring opinions, it seems clear that this Kentucky Court of Appeals panel deems the U.S. Supreme Court’s marriage equality decision, Obergefell v. Hodges, 135 S. Ct. 2584 (2015), to require a bright-line test, under which it will be extremely difficult for unmarried partners to claim parental rights.  The opinion confirms the fears of some critics of the marriage equality movement who predicted that achieving same-sex marriage could undermine the interests of LGBT parents who chose not to marry.

The case is Delaney v. Whitehouse, 2018 WL 6266774, 2018 Ky. App. Unpub. LEXIS 844 (Ky. Ct. App., Nov. 30, 2018).  The court designated the opinion as “not to be published,” which means it is not supposed to be cited and argued as precedent for any other case, although Kentucky court rules say that an “unpublished” decision may be cited for consideration by a court if there is no published opinion that would adequately address the issue before the court.  The whole idea of “unpublished” decisions is archaic, of course, when such opinions are released and published in full text in on-line legal services such as Westlaw, Lexis, and Bloomberg Law, and readily available to practicing lawyers and the courts.

The opinion for the panel by Judge Robert G. Johnson (whose term expired after he wrote the opinion but before it was released by the court) accepts Judge McDonald’s factual findings, but disputes their legal significance.  McDonald found that the parties were in a romantic relationship and participated jointly in the decision to have a child, including the insemination process.  “The parties treated each other as equal partners and clearly intended to create a parent-like relationship” between Whitehead and the child, found Judge McDonald, who also found that “they held themselves out as the parents of this child since before conception.  They engaged in the process of selecting a [sperm] donor together, they attended appointments prior to insemination together, [Whitehouse] was present for the birth, and she has been known to the child as Momma.  The parties participated in a union ceremony, after the birth of the child, and they held themselves out as a family unit with friends and family.”

by Art Leonard, artleonardobservation.com, December 8, 2018

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Sam Thoron, former PFLAG president, dies at 79

sam thoron

Sam Thoron sold insurance and raced sports cars — but he was better known for changing the lives of thousands of straight families with gay children.

His decades of work and eventual national presidency of Parents, Family and Friends of Lesbians and Gays, or PFLAG, began on the day in 1990 when his 19-year-old daughter, Liz Thoron, came home from college on vacation and told him she was gay.sam thoron

“I realized our daughter had not changed but that we needed support in integrating this new information into our lives,” Thoron said in an essay he wrote in 2007. “We found that support with PFLAG. I became deeply committed to the principle that my daughter deserves to be treated, in every aspect of her life, with the same respect and dignity as seems to flow so naturally to her two brothers.”

Thoron, who served for four years as national board president of PFLAG, died Nov. 17 of esophageal cancer in his San Francisco home at the age of 79.

Current PFLAG president Kathy Godwin said Thoron’s leadership was “personal, caring, thoughtful and filled with passion — but mostly it was about the right to love, to be authentic, and to share one’s life in joy and dignity.”

“He was the embodiment of what PFLAG stands for,” said Liz Owen, the group’s communications director. “Warm, loving, with a shoulder for everyone. A strong parental voice for equal rights, not just for his own child but for everyone’s.”

A native of Washington, D.C., Thoron was a 1964 graduate of Harvard University and a U.S. Army veteran who had a brief stint as an amateur race car driver in New England until his wife persuaded him, after an accident, to knock it off.

by Steve Rubenstein, sfchronicle.com, November 30, 2018

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Single Gay Fathers, Going It Alone

As the traditional concept of family continues to evolve, single gay fathering having children through surrogacy are beginning to emerge.

Julius Ybañez Towers was taking a walk around the Harlem Meer in Central Park with his twin 10-month-old sons and two dogs. A woman stopped to compliment him for giving his wife a break.single gay fathers

“There’s no wife,” he told the woman. “I’m a single gay dad from surrogacy.” He smiled at the confused look on her face.

Mr. Towers, 40, is still rare, but he is part of a growing movement. Surrogacy agencies across the country report a surge of interest from single gay men in the last few years.

Shelly Marsh, a spokeswoman for Men Having Babies, a nonprofit that helps gay men navigate the surrogacy process, said that the increase in interest from single men is part of a broader surge in gay families.

“Our volume has increased substantially over the last few years,” Ms. Marsh said. “But more so, single men are learning that they do not need to wait to find someone to fulfill the dream of having a biological child.”

Most single gay men pursue what is known as gestational surrogacy: the surrogate is implanted with a fertilized embryo taken from a separate egg donor. The surrogate is not genetically related to the child. She also has no maternal rights, so intended parents are legally protected from her keeping the baby.

For that legal protection however, the birth must happen in a state where it’s legal to pay a surrogate and that recognizes the contract. New Jersey recently approved compensation for surrogates; Washington State’s announced it would do so in January. New York, along with Michigan and Louisiana, are the only states where it remains illegal to pay a woman to be a surrogate mother.

Where it is legal, the total cost of the procedure — from paying the agencies, the donor, the doctors, the surrogate and the birth — can be anywhere from $80,000 to $200,000. None of this is covered by insurance.

By Avichai Scher, New York Times, October 25, 2018

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Trans Folks Want Babies Too

trans parents

Parenting isn’t only meant for cisgender people.

Being a transgender parent isn’t always as complicated in real life as the media portrays it. While the nuances are rarely covered in magazines, shows like Amazon’s Transparent, which is heading into a fifth and final season, highlight what the trans experience is like long after the children are born. But today’s science is more sophisticated than in decades past, which has opened up the opportunity for trans folks to conceive children even after they’ve transitioned.trans parents

“Trans people having children is not a new thing at all,” affirms Trystan Reese, director of family formation at the Family Equality Council (FamilyEquality.org). “It’s newer in terms of how much other people may know about it but it’s been happening for a couple of decades or so.”

Reese is a trans man who gave birth to a baby boy named Leo in 2017. Leo is the first biological baby for Reese and his husband, Biff Chaplow, but he’s their third child (they had previously adopted Chaplow’s niece and nephew).

The Oregon couple admit that trans people giving birth has been relatively under the radar. Being an out trans person can be dangerous in many parts of the country, where education about the trans experience is limited. Despite these difficulties, Reese continues to promote fertility rights for transgender people. His efforts included hosting the council’s recent Seahorses & Unicorns event, which helped share as much information about transgender fertility options as possible with the community.

As more trans people look into birthing children, doctors have begun updating their language. Many now refer to egg freezing and sperm freezing as simply gamete freezing, dropping the gender identity of the process. Whether freezing eggs, sperm, or embryos for future assisted pregnancies, gamete freezing is gaining traction among trans people before transitioning lessens their reproductive ablities or they change their gender identity with medical assistance like hormones and surgery.

Aadvocate.com,  by NAYIRAH MUHAMMAD, October 2, 2018

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Hawaii Supreme Court rules equal parental rights for same-sex couples

Ruling orders same-sex spouse to pay child support 

The Hawaii Supreme Court ruled Thursday that same-sex spouses must be treated like heterosexual spouses when it comes to parental rights.

This means that same-sex spouses must be recognized as the presumed parents for children born during their marriage.

This question was raised after a formerly married same sex couple fought each other over their parental rights over their child.

One of the women conceived the child through an anonymous sperm donor.

The other woman wanted the court to say that she is not obligated to pay child support because she’s not biologically related.

The court made their decision based on the Marriage Equality Act, which says laws regarding marriage must be applied to same sex and opposite sex couples equally.

by HawaiiNewsNow.com, October 5, 2018

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