Category: Politics

Finally, the 2020 US Census is counting LGBTQ families

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2020 US census

The 2020 US Census is underway, and new changes should result in a better understanding and representation of gay and lesbian families.

This year, the 2020 US Census is substantially changing its “relationship” question for households with more than one occupant. There are now four options: In addition to opposite-sex husband/spouse or unmarried partner, forms also include same-sex husband/spouse or unmarried partner.2020 US census

That should result in a more accurate count of LGBTQ families, which is important not only for scholars but also to better deliver services and make policy decisions.

But the community likely will remain underrepresented because the Census has not altered its gender question since it began in 1790.

Respondents can still select only “female” or “male.” Despite society’s awakening about the transgender demographic and a flourishing of pronouns, members of the community will have no way to identify itself unless they leave the question blank.

I predict, though, the Census will likely alter its gender question by 2030 or earlier for more detailed American Community Survey counts. 

That’s because the Census Bureau, albeit slowly sometimes, usually changes to reflect evolutions in society.

Take married couples. Up until 1970, the Census Bureau considered the husband to be the “head of household” and his spouse to mark the category of “wife of head,” no matter who was the breadwinner.

After the social upheaval of the 1970s, the Census substituted a “husband/wife” category for “wife of head,” allowing wives to be identified as the “head of household.” 

While the percentage of households that chose this option was relatively small, it did herald the increased movement of women into higher education and the fact that many wives were the primary breadwinner.  

That same year, the Census also replaced “roommate, boarder, lodger” with “partner,” though it was combined with “roommate” as the option.  

The Census, though, has been slower to adopt to the modern LGBTQ rights movement, which started with the 1969 Stonewall riots in New York City’s Greenwich Village.

bridgemi.com, by Kurt Metzger, March 5 2020

Click here to read the entire article.

The post Finally, the 2020 US Census is counting LGBTQ families appeared first on Time For Families.


Source: Time for Families

Paying gestational carriers should be legal in all states

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gestational carriers

Every year, hundreds of thousands of babies are born in the U.S. using assisted reproductive technologies, including the use of gestational carriers, a multibillion-dollar industry that is controversial and largely unregulated.

One of the controversies involves the use of paid gestational carriers, women who agree to carry a fertilized embryo, created from another woman’s egg, give birth, and give the baby to its parents. This is different from tradition (or genetic) surrogates, who provide both their own eggs and their own wombs. Gestational surrogacy now constitutes 95% of all surrogacy in the U.S.gestational carriers

State laws about arrangements for gestational carriers vary widely and are in flux. This kind of surrogacy is currently allowed in 10 states; prohibited but with various caveats and additional legal proceedings in 30; practiced with potential legal obstacles and inconsistent outcomes in five; practiced but with legally unenforceable contracts in two and prohibited in three. Several of the 40 states with real or potential legal hurtles require that couples be married and heterosexual, or allow surrogates to choose at any point to keep the baby.

Commercial surrogacy first gained wide attention in the 1980s through the Baby M case. Elizabeth Stern had multiple sclerosis and feared that pregnancy would worsen it. Through a newspaper ad, she and her husband connected with Mary Beth Whitehead, who agreed to carry a fetus for them as a traditional surrogate, providing both an egg and a womb. But after giving birth, Whitehead decided to keep the child. A New Jersey court awarded the Sterns custody of Baby M, but banned all such future surrogacy contracts.

Since then, practices have changed and the use of gestational carriers has grown dramatically. In many states, however, prospective parents need to travel to other states, like California, to avoid legal obstacles. Some seek surrogates in the developing world, which has its own set of problems.

Competing proposed bills in New York state highlight the conflicts involved in gestational surrogacy.

In June 2019, the New York state Senate voted to legalize gestational surrogacy. The pushback was swift and strong. Noted feminist Gloria Steinem argued strongly against the proposal, raising concerns that poorer women of color would disproportionately serve as gestational carriers. She also pointed out that the bill would require surrogates to be state residents for only 90 days, which could prompt human traffickers to bring women to New York to serve as surrogates. The State Assembly then rejected the proposal. Lawmakers are now considering at least two different revised versions of the bill — one from Gov. Andrew Cuomo and one from the bill’s original sponsor — that address these criticisms.

I believe the state should legalize gestational surrogacy, providing it includes protections to avoid the problems Steinem highlighted.

In the debates in New York, as well as those in other states, both sides have been arguing in the relative absence of data, without acknowledging this deficit. In fact, the limited data available so far do not suggest that women become gestational carriers because of financial distress, nor do the demographics reflect racial disparities.

StatNews.com, by Robert Klitzman, February 12, 2020

Click here to read the entire article.

The post Paying gestational carriers should be legal in all states appeared first on Time For Families.


Source: Time for Families

Putin says he won’t allow for LGBTQ families or marriages in Russia

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Putin

Putin told reporters that he’s considering a constitutional amendment that would ensure that all parents of children “will be dad and mum.”

Russia’s President, Vladimir Putin, said to a pool of reporters on Monday that he will not allow same-sex adoption or support marriage equality  “as long as [he’s] president” – currently set to be at least to 2024.russia gay

The comments were made at a press conference regarding a state-approved commission that will consider potential changes to the Russian constitution. Putin is supposedly trying to shape Russia’s laws and constitutionality in a way that would allow him to maintain power after his current term ends.

A reporter asked if a proposal that would “add a line in the constitution defining marriage as a union between a man and a woman” would be considered. Putin replied, “We need only to think in what phrases and where to do this.”

While the question was about same-sex marriage, Putin’s response focused on ruling on the potential of LGBTQ families being legal parents.

“As far as ‘parent number 1’ and ‘parent number 2’ goes, I’ve already spoken publicly about this and I’ll repeat it again,” Putin said, “as long as I’m president this will not happen. There will be dad and mum.”

The post Putin says he won’t allow for LGBTQ families or marriages in Russia appeared first on Time For Families.


Source: Time for Families

Virginia Senate approves bill to prevent surrogates from being forced to abort multiples

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Virginia Senate

The Virginia Senate unanimously approved a bill Tuesday that would prevent surrogates from either being required to or prohibited from aborting multiples in their surrogacy contracts.

The bill passed through the House of Delegates in January, and the Virginia Senate proposed an amendment that will see it sent back to the House for final approval.new Va. surrogacy

With the amendment from the Virginia Senate, the bill reads: “Any contract provision requiring [or prohibiting] an abortion or selective reduction is against the public policy of the Commonwealth and is void and unenforceable.”

TheJurist.com, by Angela Mauroni, February 5, 2020

Click here to read the entire article.

The post Virginia Senate approves bill to prevent surrogates from being forced to abort multiples appeared first on Time For Families.


Source: Time for Families

Dozens of anti-LGBTQ state bills already proposed in 2020, advocates warn

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anti-LGBTQ state bills

Many of the anti-LGBTQ state bills focus on transgender youth, including legislation in South Dakota that would make it a felony to provide trans health care to minors.

Like most high school students, Aerin Geary does not typically pay attention to state legislation. However, the South Dakota teenager has been closely following House Bill 1057, a Republican anti-LGBTQ state bills proposal that would make it a felony for medical professionals to provide transgender health care to minors.anti-LGBTQ state bills

“This bill makes me feel scared, since this is something that affects me deeply,” Geary, 15, who identifies as nonbinary and uses they/them pronouns, told NBC News. “Transitioning is something that I’ve been hoping to get and been yearning for for years.

The high school sophomore is afraid that if the legislation passes, plans to take puberty-suppressing medication will be delayed indefinitely.

“I recently managed to convince my family to allow me to start transitioning, and I’m so close to getting there,” Geary said. “To take it away from me when I’m so close would be a huge blow to my hope.”

HB 1057, which successfully passed out of committee on Wednesday, would make providing certain forms of gender-affirming medical care to minors — including the prescription of puberty blockers — a Class Four felony, which in South Dakota carries a penalty of up to 10 years in prison. Proponents say the bill is needed to protect children from rushing into a “life-changing” decision, while critics say it interferes with the doctor-patient relationship and could cause physical and psychological harm to trans youth.

South Dakota’s trans health care bill is not the only state legislation that has lesbian, gay, bisexual, transgender and queer advocates sounding the alarm. In fact, they say it’s just one of at least 25 anti-LGBTQ state bill s that have been proposed so far in 2020.

Many of the bills, like South Dakota’s, focus on transgender youth, but a number of others deal with nondiscrimination protections and religious exemptions. Chase Strangio, deputy director of the ACLU’s LGBT and HIV Project, called this legislative session “one of the most hostile” for LGBTQ people in recent years.

Trans youth and health care

Bills seeking to limit transgender health care for minors have been introduced in at least seven states this month — all by Republican lawmakers.

Like South Dakota, Florida and Colorado have introduced bills that carry criminal penalties. The “Vulnerable Child Protection Act,” one of four bills proposed in Florida last week that have been opposed by LGBTQ advocates, would make providing certain medical care or treatments to transgender minors — including nonsurgical care, like hormone therapy — a second-degree felony. Medical practitioners could face up to 15 years in prison and a $10,000 fine.

The post Dozens of anti-LGBTQ state bills already proposed in 2020, advocates warn appeared first on Time For Families.


Source: Time for Families

Anthony M. Brown Featured on the Podcast, The Mentor Esq.

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The Mentor Esq

The Mentor Esq., a new legal podcast, recently featured Anthony M. Brown, founder of Time For Families Law, PLLC.

The Mentor EsqThe Mentor Esq. was founded by Andrew J. Smiley, the famed personal injury attorney in New York City, to help younger attorneys, and seasoned attorneys, to learn more about specific areas of the law and about the profession of law itself.  Episodes of The Mentor Esq. cover such topics as civil rights work to women in the law, as well as the ABCs of trial work, from opening statements to cross examination.

This is the first season of The Mentor Esq. and Andrew is currently planning for season 2.  While there are numerous areas of the law, and attorneys, that he could focus on, I am grateful that Andrew allowed me to tell my story and share my concerns for the future of LGBTQ law in New York, as well as in the Country.

Anthony’s Start in The Law

Andrew reached out to Anthony to join The Mentor, Esq. podcast to discuss two separate issues.  On episode four of the podcast, Anthony discusses how he came to the law after a career as an actor and a medical massage therapist.  Andrew asked Anthony about how he started his practice and who guided him along the way.  Click here to listen to Anthony talking about his pathway to the law.   Younger attorneys will find this episode particularly interesting because Anthony discusses new ways to look at your career, especially at its inception, by thinking outside of the box and planning ahead for what you want your legal practice to focus on and how it intersects with your personal life.

LGBTQ Family Law

Andrew asked Anthony back to the podcast to discuss more specific topics such as LGBTQ family formation and the current state of surrogacy in New York.  With current legislation in New York up for a vote very soon, Anthony discusses the specifics off The Child Parent Security Act – the pending law which would legalize compensated surrogacy and provide for parentage orders, which would allow for lesbian couples with known sperm donors to avoid the second parent adoption process altogether.  The Child Parent Security Act would bring New York’s family law into the 21st century.

If these issues mean something to you, it is definitely worth your time to check out The Mentor Esq.  A full episode list can be found here.

Anthony M. Brown, November 26, 2019

 

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