Ga. governor signs LGBT ‘neutral’ adoption bill

Republican Gov. Nathan Deal of Georgia on Monday signed into law a comprehensive bill updating the state’s adoption law after he joined a bipartisan coalition of lawmakers in killing proposed changes that would have allowed adoptions by same-sex couples to be denied on religious grounds.

The Georgia General Assembly’s approval of the sweeping adoption reform bill, known as HB 159, which includes no restrictions against same-sex couple adoptions, appears to have been overshadowed by the passage by the Georgia Senate on Feb. 23 of a separate bill, the Keep Faith in Adoption and Foster Care Act, or SB 375.

That measure calls for allowing private adoption agencies receiving state funds to deny adoptions for certain couples or individual parents based on “sincerely held religious beliefs.” Legal experts say the bill’s language would allow faith-based adoption agencies to decline to approve an adoption for those with whom they disapprove, including single parents, unmarried couples and LGBT couples.

The bill would prohibit the state from defunding or penalizing a private adoption agency for making adoption decisions based on religious grounds.

Upon approval last month by the State Senate, SB 375 was sent to the House Judiciary Committee. A spokesperson for the committee’s chair, Rep. Wendell Willard (R-Sandy Springs), told the Washington Blade on Tuesday that Willard had yet to schedule a hearing for the bill due to the committee’s consideration of numerous other bills. The spokesperson said she didn’t know when or if Willard planned to call a hearing.

Under the Georgia General Assembly’s 2818 legislative session, any bill that isn’t fully approved by the state House and Senate by March 29 will be considered dead for the session.

Jen Ryan, a spokesperson for Deal, told the Blade in an email that the “governor’s office doesn’t comment on pending legislation.”

However, at least one source familiar with Deal and the Republican-controlled legislature said Deal and a number of prominent GOP lawmakers have made it known they oppose SB 375, among other things, because they believe its perception as a discriminatory law would hurt efforts to bring and retain large businesses in the state.

Deal made his views known on that score in 2016 when he vetoed a “religious liberties” bill that critics said would have given employers and landlords authority to discriminate against LGBT people on religious grounds.

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Republican senators want to protect people with anti-gay beliefs with the First Amendment Defense Act

President Trump has promised to sign the First Amendment Defense Act into law

Twenty-two Republican U.S. senators have reintroduced the First Amendment Defense Act, a bill that would potentially allow people to discriminate against LGBTQ individuals or same-sex couples under the guise of “religious freedom,” reports The Hill.Discrimination

The bill would insulate any individual who holds “a sincerely held religious belief” opposing homosexuality, transgenderism, or same-sex marriage, or any business operated by an individual with such beliefs, from being penalized or punished by the government should they be found to have discriminated against such people.

As a result, it would prohibit the government from levying fines against people who discriminate, denying them government contracts, or taking away special tax breaks, so long as the person claims that their refusal to provide goods or services was motivated by their religious beliefs.

Critics have warned that the bill is so broadly written that it would not just condone discrimination against LGBTQ individuals and same-sex couples, but single mothers, divorcees, those who engage in premarital sex, or anyone else whose lifestyle does not comport with a person’s religious beliefs, no matter how radical or out-of-the-mainstream those beliefs may be.

The bill was sponsored and introduced by Sen. Mike Lee (R-Utah), and co-sponsored by several prominent conservative senators, including Marco Rubio (Fla.), Ted Cruz (Texas), Orrin Hatch (Utah), Ron Johnson (Wis.), and Rand Paul (Ky.).

A similar iteration of the bill was introduced in both the House and Senate in 2015, but only received a hearing in the House. The measure failed to gain traction, and was eventually set aside by leadership amid protests from Democrats, and the realization that then-President Obama would veto the measure if it managed to pass Congress.

Lee had previously promised to reintroduce FADA after Donald Trump was elected president. Lee’s House counterpart, U.S. Rep. Raul Labrador (R-Idaho), now running to be the next governor of Idaho, said last he would introduce similar legislation in the House during the current session, but never did, according to a search of filed bills in Congress.

By John Riley, metro weekly.com, March 8, 2018

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Catholic Teacher Fired After Marrying Her Girlfriend

catholic teacher fired

Parents at a Catholic school in Miami said they were astounded that administrators had fired a first-grade teacher just days after she married her girlfriend, and now some of the teacher’s supporters on the faculty are scared that the school will retaliate against them as well.

Catholic school teacher fired after marrying her girlfriend.  The teacher, Jocelyn Morffi, was by all accounts one of the most popular educators at Sts. Peter & Paul Catholic School in Miami, where she taught for nearly seven years.

“I consider her the Mother Teresa of teachers,” Samantha Mills, a parent whose son was in Ms. Morffi’s class last year, said on Monday.catholic teacher fired

But on Feb. 8, Ms. Mills and other parents at the school received an email from the principal saying that the school had made a “difficult and necessary decision,” and that Ms. Morffi would no longer be teaching at the school. The email was shared with The New York Times.

She was fired just days after marrying her girlfriend of about two years.

“The kids are very confused,” said Vanessa Almeida, whose children were tutored by Ms. Morffi. “My son said, ‘Mommy, I heard that Ms. Morffi got fired for getting married,’ and he looked at me and said, ‘What’s so bad about that?’”

On Friday, Ms. Morffi spoke out in a statement on Instagram.

“This weekend I married the love of my life and unfortunately I was terminated from my job as a result,” she wrote in the post. “In their eyes I’m not the right kind of Catholic for my choice in partner.”

Mary Ross Agosta, director of communications for the Archdiocese of Miami, said in an email on Monday that Ms. Morffi was fired because she violated a contract stipulating that teachers must abide by Catholic teachings and traditions.

She declined to say whether Ms. Morffi had been fired for marrying a woman, noting that it was “a personnel issue.”

Four teachers attended the wedding, one of them told The Times on Wednesday. She asked not to be named out of fear for her career.

by Christina Caron, New York Times, February 17, 2018

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NY Gov. Andrew Cuomo Signs LGBT Anti-Discrimination Order

Cuomo

New York Governor Andrew Cuomo has signed an executive order that prohibits state entities from doing business with any company that promotes or tolerates discrimination.

Cuomo announced the order at Saturday’s Human Rights Campaign (HRC) Greater New York Gala, where he also promised New York would lead the nation on ending the AIDS epidemic and announced plans to introduce legislation this session that would put an end to the so-called gay panic defense.Cuomo

The Democrat said that his order was a direct response to President Donald Trump’s policies.

“The Trump administration gave the attorney general a license to discriminate by interpreting ‘religious liberty’ protections in the federal law. What that means is a business can refuse to serve LGBTQ individuals because it violates their religious beliefs. They did that. So, today I’m signing an executive order prohibiting New York state government from doing any business with any entity that discriminates against any New Yorker, period,” Cuomo said at Saturday’s event.

by Carlos Santascoy, ontopmag.com February 6, 2018

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State Dept. sued for denying citizenship to same-sex couples’ children

citizenship

Two binational same-sex couples on Monday filed federal lawsuits against the State Department after their children were denied U.S. citizenship.

Andrew Dvash-Banks, who was born in Santa Monica, Calif., and his husband, Elad Dvash-Banks, who was born in Israel, were married in Toronto in 2010. The two men decided to live in Canada because the Defense of Marriage Act that President Clinton signed in 1996 prevented Andrew Dvash-Banks from sponsoring Elad Dvash-Banks for immigration purposes.citizenship

A surrogate gave birth to the men’s twin boys — Aiden Dvash-Banks and Ethan Dvash-Banks — in Mississauga, Ontario, on Sept. 16, 2016.

Aiden Dvash-Banks was conceived with Andrew Dvash-Banks’ sperm, while Ethan Dvash-Banks was conceived with Elad Dvash-Banks’ sperm. Canada recognizes both men as their children’s parents.

The 2013 U.S. Supreme Court ruling in the Windsor case that struck down a portion of DOMA prompted the U.S. to legally recognize same-sex marriages performed outside the country. The U.S. Consulate in Toronto nevertheless denied the men’s request for a Consular Report of Birth Abroad — which certifies that a child who was born overseas was an American citizen at the time of their birth — and a U.S. passport for Ethan Dvash-Banks under Section 309 of the Immigration and Naturalization Act that specifically addresses “children born out of wedlock.”

“Focusing improperly on the biological relationship between each child and the parent who conceived him, the State Department then recognized Aiden’s citizenship and denied Ethan’s,” reads the lawsuit that Andrew Dvash-Banks filed in the U.S. District Court for the Central District of California.

The Dvash-Banks family moved to Los Angeles on June 24, 2017.

Andrew Dvash-Banks and Aiden Dvash-Banks are U.S. citizens, while Elad Dvash-Banks is a permanent resident. Ethan Dvash-Banks, who is also a plaintiff in the lawsuit, was able to enter the U.S. on a tourist visa that expired on Dec. 23, 2017.

“All of Andrew and Elad’s professional, personal and familial commitments are in constant jeopardy of being undone if the Department of Homeland Security deports Ethan,” reads the lawsuit.

Andrew Dvash-Banks and Elan Dvash-Banks have applied for a green card for Ethan Dvash-Banks in order “to minimize the risk of deportation proceedings and having to face the choice of staying together as a family or staying in this country.”

Washington Blade, by Michael Lavers, January 22, 2018

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Report Shows Massive Increase In Anti-LGBTQ Violence Since Trump Took Office

LGBT Trump

LGBTQ Violence – It’s incredibly scary to be LGBTQ in Trump’s America.

The New York City Anti-Violence Project’s annual Crisis of Hate report shows a remarkable upsurge of hate-based killings of LGBTQ people.anti-lgbt, chechnya

According to the report, an 86 percent increase in hate violence homicides in the U.S. last year makes 2017 the deadliest year yet for the LGBTQ community. The National Coalition of Anti-Violence Programs, a coalition of 40 community-based anti-violence groups, noted the escalation toward the end of the presidential election cycle, and it shows no signs of slowing, according to Beverly Tillery, executive director of the project.

President Donald “Trump won the election by saying it was time to take back America for people feeling pushed out by LGBTQ people, immigrants and people of color,” Tillery told HuffPost.

“It was a tactical move to attack those communities,” she added. “It worked, and there are more instances of violence because the climate in the country has changed. It has given an opening for people to feel like they can commit acts of hate-based violence without much repercussion.”

The National Coalition of Anti-Violence Programs recorded 52 LGTBQ hate-based homicides in 2017 ― an average of one each week. That’s a sharp increase from 28 single-incident anti-LGTBQ homicides in 2016. (The Pulse Nightclub massacre, which killed 49 people in 2016, is not included when calculating single-incident homicides.)

Those slain last year include: 

John Jolly, a 55-year-old black cisgender man, was stabbed to death in August in Manhattan. Nathaniel “The Kidd Creole” Glover Jr., a former member of the 1980s hip-hop group Grandmaster Flash and the Furious Five, was charged with second-degree murder. According to the Daily News, Glover may have suspected Jolly was hitting on him.

Juan Javier Cruz, a 22-year-old Latinx cisgender man, was fatally shot In August in Lake Worth, Florida. Cruz was reportedly defending a group of friends against homophobic slurs. Nelson Hernandez Mena has been charged in the killing.

Giovanni Melton, a 14-year-old black cisgender man, was fatally shot in October in Henderson, Nevada. Melton’s father, Wendell Melton, is charged. The elder Melton was allegedly upset about his son’s sexuality and the fact his son had a boyfriend.

Huffington Post, January 22, 2018 by David Lohr
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These Are the Worst Anti-LGBT Bills Planned for 2018

LGBT Trump

From state-level bans on municipalities passing LGBT protections to bills that allow for anti-LGBT discrimination in child services, this homophobia could soon be enshrined in law.

2015 was the year of Indiana’s anti-LGBT “religious freedom” law.

2016 was the year of North Carolina’s ill-fated “bathroom bill.”

2017 was the year when Mississippi’s extreme law HB 1523 took effect—a fitting capstone to an already challenging year for LGBT Americans.LGBT Trump

If history repeats itself, 2018 will see another major state-level attack on LGBT people. But after the overreaching and headline-generating legislation of the past three years, a new report from the Human Rights Campaign suggests that we can expect state-level anti-LGBT bills to get narrower in focus, while remaining just as pointed in their intent.

In particular, the HRC’s new State Equality Index report warns of a “flurry” of anti-LGBT bills in 2018 that are more “sector-specific” than the “sweeping” bills of years past, focusing on areas like adoption, education, and wedding services. That narrowing of focus is a strategic move, according to HRC State Legislative Director Kate Oakley.

“After the Indiana RFRA in 2015 and HB 2 in North Carolina in 2016, it became harder for states to justify the tremendous amount of blowback that came with these sweeping anti-LGBTQ bills,” Oakley told The Daily Beast, adding that those high-profile failures certainly “didn’t stop states from trying.”

As 2018 state legislative sessions officially get underway, it’s becoming clear that some states are still trying—and that some of their efforts could fly under the national radar.

“Iowa, Tennessee, West Virginia, Georgia, and Oklahoma are states that are particularly likely to entertain anti-equality legislation,” the HRC report notes.

Proposed anti-LGBT bills in these states ranges from the broadly cruel to the bizarrely specific—and, so far, these bills have primarily been highlighted by local advocacy groups and media outlets.

In Iowa, for example, the state-level LGBT rights organization One Iowa noted in a petition that they expect to see “more efforts to weaken the Iowa Civil Rights Act” during the 2018 legislative session. 

by Samantha Allen, The Daily Beast, January 17, 2018

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8 Times The Supreme Court Ruled On LGBT Rights

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The Supreme Court will hear oral arguments in the Masterpiece Cakeshop case on December 5, 2017

On December 5, the Supreme Court will hear oral arguments in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, which puts the state’s public accommodations law against “sincerely held religious beliefs” opposing marriage equality.gay cake

After Colorado bakery owner Jack Phillips refused to sell a wedding cake to David Mullins and Charlie Craig because it was against his religious beliefs, the couple filed complaints with the Colorado Civil Rights Division, which determined that Phillips was at fault. In 2015, a Court of Appeals unanimously affirmed that decision, but Phillips maintains the state’s anti-discrimination law violates his First Amendment rights to freedom of speech and free exercise of religion.

The case could have serious implications for both anti-discrimination statutes and so-called religious freedom laws that enshrine anti-LGBT discrimination. But it’s far from the first time our rights have come before the Supreme Court. Below, we look at the high court’s history with the LGBT community.

  1. One, Inc. v. Olesen (1958)Founded in 1952, ONE, Inc. was the first LGBT organization in the U.S. to have its own offices. Its magazine, One: The Homosexual Agenda, came a year later and is believed to be the first mass-produced gay publication in America, sold through the mail and on newsstands in L.A.

    In October 1954, the FBI and the Postmaster General of Los Angeles declared One obscene and refused to deliver it. The publishers sued and, though they lost the case and subsequent appeal, the took their case to the Supreme Court. Their victory marked the first time the high court sided with the LGBT community.

    The magazine ceased publication in December 1969.

By Dan Avery, NewNowNext.com, November 20, 2017

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Who’d Gain From an Estate Tax Rollback: The 0.2 Percenters

estate tax

Who’d Gain From an Estate Tax Rollback: The 0.2 Percenters

Supporters and critics of the Republican tax bills argue over their effect on middle-class Americans, but there is one group that everyone agrees would come out ahead: the millionaires and billionaires who have to reckon with the estate tax.estate tax

As Steven Mnuchin, President Trump’s Treasury secretary, bluntly declared last month, “Obviously, the estate tax, I will concede, disproportionately helps rich people.”

As it is now, the estate tax affects a small set of wealthy Americans, applying only when someone leaves assets worth more than $5.49 million to heirs. Together, parents can leave $11 million to their children without paying a penny in estate taxes.

Last year, for example, more than 2.6 million people died in the United States. Of the estates filed with the Internal Revenue Service, 5,219 — or 0.2 percent of the total — were large enough to qualify for the tax.

The kind of households that could potentially owe money, however, include Mr. Trump’s, Mr. Mnuchin’s, and those of several cabinet members and advisers, including Education Secretary Betsy DeVos, Commerce Secretary Wilbur Ross, Secretary of State Rex W. Tillerson, Transportation Secretary Elaine Chao, Agriculture Secretary Sonny Perdue, Housing Secretary Ben Carson and Gary Cohn, chief of the National Economic Council.

(An analysis by the left-leaning Center for American Progress Action Fund concluded that the estate tax repeal could save Mr. Trump’s estate more than $1 billion, and those of his cabinet members $3.5 billion.)

Mr. Trump has stated, incorrectly, that the tax is crushing “millions of small businesses and the American farmer.” In reality, only about 80 small businesses and farms would fall under the estate-tax tent this year, according to the nonpartisan Tax Policy Center.

Republicans want to shrink the numbers further. In the Senate’s proposed tax bill, exempted income would temporarily double to $11 million per person — $22 million for a couple — during the next decade.

If those rules had been imposed last year, the number of estates owing money under the tax would have been no more than 2,204 — fewer than 0.1 percent of the total.

The House bill approved Thursday goes a step further, doubling the exemption through the 2024 tax year (and indexing for inflation), but then eliminating the tax. The result is that other taxpayers would have to make up the $151 billion cost over the next decade.

Opponents of the tax say fairness is at stake. No one — including billionaires — should have their assets taxed twice, once in life and once in death, the argument goes. But the issue is less about double taxation than no taxation.

by Patricia Cohen, NYTimes.com, November 16, 2017

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Battle Over Rights Inspires More Transgender Political Candidates

Danica

Nearly 30 races in the 2017-18 U.S. election cycle already have a transgender candidate, up from 13 in 2015-16, according to Harvard researcher Logan Casey.

Virginia Democrat Danica Roem has been called a man by conservative opponents attacking her views on LGBTQ rights as she campaigns to become the United States’ only transgender state legislator.Danica

Roem does not shy away from her gender identity. In one campaign ad, she applies makeup at a bathroom mirror and takes hormone pills. But rather than focus on the politics of running as a transgender woman, she prefers to discuss traffic gridlock and other issues in the Nov. 7 election for the Virginia House of Delegates.

“Transgender people are just as qualified to say, ‘Hey, I can’t stand being stuck in traffic right now. I have some ideas to fix this,’” said Roem, a 33-year-old journalist. “We can be leaders on transportation. We can be leaders on economic development, and yeah, we can be leaders on civil rights too.”

U.S. elections this year could double the country’s number of transgender officeholders, currently at six, according to the Victory Fund, which works to elect lesbian, gay, bisexual and transgender candidates. The group has endorsed eight transgender candidates up for election this fall.

NBCNews.com via Reuters , November 2, 2017

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