Did National Park Service Disrespect the Rainbow Flag?

rainbow flag

A ceremony dedicating a rainbow flag flying near New York City’s Stonewall Inn went off today with some controversy over the National Park Service’s participation — or lack thereof.

The bar is known for the series of uprisings against police raids in 1969, a reaction that helped birth the modern LGBT rights movement. An area near the nightclub was designated a National Monument, under Park Service management, by President Barack Obama in 2016, reflecting the site’s historic significance. The Stonewall itself remains a working bar under private ownership. gay hate

The rainbow flag, symbolizing LGBT pride, went up September 28, and the dedication ceremony was scheduled for today, which is National Coming Out Day as well as the 30th anniversary of the 1987 March on Washington for Lesbian and Gay Rights. The Park Service was set to take part in the ceremony, along with several LGBT activists, but pulled out as the day approached, drawing criticism from organizers.

Newsweek ran an article about the dedication last week, and it included quotes from some organizers denouncing the anti-LGBT actions of Donald Trump and his administration. By Friday night, a National Park Service flag flying alongside the rainbow flag had been removed and replaced with a New York City Parks flag, organizer Ken Kidd told The Washington Post. Then Barbara Applebaum, the Park Service official who was to speak at the ceremony, canceled.

“Since planning began this past summer, the NPS had been wholly cooperative,” Kidd said in a press release. “This abrupt turnaround as well as the NPS distancing itself from this event is more evidence of the Trump administration’s campaign to reduce LGBT people to second-class American citizens. It’s no coincidence that this comes on the heels of Attorney General [Jeff] Sessions’s support of religious rights over LGBT civil rights.”

A Park Service official, however, said the issue was whether the flagpole was on city property or NPS property. Jon Laird, commissioner of the National Parks of New York Harbor, told the Postthe NPS determined that the pole was on city land, not the area that constitutes the park. “We did send mixed signals here, which was very unfortunate,” he told the paper. “It became a much bigger deal than we ever expected.”

Applebaum ended up changing her schedule so she could attend the ceremony, and Laird was there as well. He offered to speak, but organizers turned him away. “We said, no, you will not speak,” longtime activist Ann Northrop, who emceed the ceremony, told the Post. “This is completely just mean-spirited bigotry on their part, to find a technicality to pull out of what they had already agreed upon and worked on for a week.”

Laird denied that bigotry was involved and said no officials in Washington had raised concerns about the flag dedication, according to the Post. The rainbow flag, he emphasized, has never been taken down, and the NPS has donated it to the city. “It’s still up, it’s still flying there,” Laird said of the flag. “Visitors to Stonewall National Monument will see it, and 99 percent of them will not care if it’s on our property or [the city’s] property.”

Advocate.com, October 11, 2017

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Coming Out in the Trump Era

Florist

National Coming Out Day. More important than ever.

Our country feels very different than it did a year ago on the last National Coming Out Day, when the prospect of an LGBTQ-friendly president was still possible. Now, however, the day feels even more like a time for activism and resistance.adoption and surroagcy

As Harvey Milk said, “Coming out is the most political thing you can do.” It is also, of course, one of the most personal. And while some of us may be out to a degree that lets us feel comfortable joining resistance marches, calling our elected officials, or writing op-eds to our local papers, others of us may not. As parents, we may fear the loss of a job that feeds our kids or worry that our kids will be bullied or harassed because of their parents. We may worry about being turned away by child service agencies. Personal and family safety and security is vital, and I cannot tell anyone to ignore that.

Mombian.com, by Dana Rudolph – October 11, 2017

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The evolution of LGBT parenting in the UK: Celebrating a decade of change

lgbt parenting in the UK

Insights in LGBT Parenting in the UK

In the UK, we’re fortunate to live in an open-minded inclusive society, but the law has not always reflected that – as recently as the 1990s, UK legislation actively discriminated against non-traditional families seeking fertility treatment to become parents. But the past 15 years spans a legal and social revolution for same-sex parents, and it is now easier than ever before for LGBT parents to start a family in the UK.lgbt parenting in the UK

As the UK marks the 50th anniversary of the decriminalisation of homosexuality (following the Sexual Offences Act 1967), here is an overview of some of the key milestones in the journey to increase access to family-building options for same-sex couples:

1990: the Human Fertilisation and Embryology Act introduced regulation for UK fertility clinics. Under the new law, fertility clinics had to consider a child’s ‘need for a father’ before offering treatment, aiming to restrict fertility treatment for single women and lesbian couples.

2004: the Civil Partnership Act created – in all but name – marriage for same-sex couples, giving property, pension, inheritance and other benefits to couples who registered as civil partners.

2005: same-sex partners were allowed to adopt their partner’s children, and couples were allowed to adopt unrelated children together. For the first time, children in the UK could have legal parents of the same sex.

2008: following a review of 1990 laws, fertility clinics no longer had to consider the child’s “need for a father”, and it was made clear they should not discriminate against same-sex couples. New parenthood laws also enabled female same-sex couples to be recorded on their children’s birth certificates together if they conceived through sperm donation, and enabled male same-sex couples to apply for a parental order (giving them a birth certificate recording them both as their child’s legal parents) if they conceived through surrogacy.

2015: same-sex parents with a child born through surrogacy were given the right to adoption leave (so that one parent could claim the equivalent to maternity leave and pay, and the other paternity leave and pay).

2016: a key High Court decision ruled that the law discriminated unfairly against single parents who conceived through surrogacy. In response, the government announced plans to change the law to allow single parents – as well as couples – to become the legal parents of a child born through surrogacy.

What does the future hold?

We have come a long way over the past 15 years, but we are not quite there yet. There remains problems with the law on surrogacy, and for birth certificates for transgender and multiple-parent families.

by Natalie Gamble – gaystarnews.com, September 29, 2017

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Judge Analyzes Tax Deduction for Gay Parenthood in His First Opinion

tax deduction

“This is a tax case. Fear not, keep reading.”

So began the first published opinion of Judge Kevin Newsom of the U.S. Court of Appeals for the Eleventh Circuit, who was confirmed by the U.S. Senate last month. As Newsom viewed it, the dispute over Section 213 of the Internal Revenue Code required a detailed analysis of the birds and the bees.

At issue was an appeal by a gay man who maintained the Internal Revenue Service should have granted a $9,539 tax refund for $36,000 in medical services he funded in 2011 trying to conceive a baby through in vitro fertilization and a surrogate mother. Joseph F. Morrissey claimed the tax code allowed the deduction and the IRS violated his equal protection rights by denying it.tax deduction

The IRS rejected the claim on the grounds Morrissey’s medical expenses didn’t meet the definitions of Section 213, which allows deductions for medical care of a “taxpayer, his spouse, or a dependent.”

Morrissey sued, but U.S. District Judge Richard A. Lazzara in Tampa ruled for the IRS. The Eleventh Circuit held oral argument on Aug. 24. Newsom, Circuit Judge Charles Wilson and visiting U.S. District Judge Federico Moreno of Miami affirmed a month later.

In the 25-page ruling, Newsom dissected the tax code as it applied to human reproduction. He noted the code defined “medical care” as “amounts paid … for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body.”

Morrissey’s brief argued, “Because reproduction is a bodily function, the medical procedures employing Morrissey’s sperm to assist his biological conception of a child affected a function of his body. Morrissey therefore satisfies the statutory standard, as do the heterosexuals for whom the IRS allows the deduction of the very expenses denied here.”

But in the opinion, Newsom used Webster’s dictionary definitions of “affect” and “function” to rephrase Morrissey’s claim to show its failings: that his expenses for egg donation and surrogacy were incurred “for the purpose of materially influencing or altering (i.e., “affecting”) an action for which Mr. Morrissey’s own body is specifically fitted, used, or responsible (i.e., his body’s “function.”)

That position “mistakes the entire reproductive process for his own body’s specific function within that process,” Newsom added.

He offered “a primer on the science of human reproduction,” starting with asexual organisms and leading in humans to “the bottom line: the male body’s distinctive function in the reproductive process is limited and discrete” to providing healthy sperm.

If the $1,500 Morrissey spent on providing that sperm for the in vitro process had been a sufficient percentage of his adjusted gross income, those expenses could have been deducted, Newsom wrote. But the rest of the $36,000 spent on conception and surrogacy in 2011 didn’t affect Morrissey’s own reproductive function, so they couldn’t be deducted from his income.

On Morrissey’s equal protection claim, Newsom held that, although procreation is generally considered a fundamental right, procreating through in vitro fertilization of eggs from an unrelated third-party donor and the use of a surrogate is not.

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How gay dads manage without paid paternity leave

paternity leave

When his first daughter was born in 2009, Brent Wright, like many parents, did not have paid paternity leave.

Unlike many parents, he and his spouse faced some unique challenges. Because both are men, neither parent had access to a paid maternity leave policy. Because they adopted, their time away from the office began with travel to a nearby city to meet the birth mother.gay parents adoption

To make time for bonding at home with their new daughter, they cobbled together vacation and sick days while Wright, 51, negotiated a leave of absence to stay home with newborn Olivia. Scrambling to finagle time with their daughter complicated their entry into parenthood.

“That was very stressful,” Wright said.

Wright is not alone. The federal Family and Medical Leave Act guarantees eligible workers up to 12 weeks of job-protected, unpaid leave. But when it comes to paid paternity leave, just 14 percent of civilian workers had access to paid family leave in 2016, according to Pew Research Center.

In contrast, nearly every member of the European Union provides at least 14 weeks of paid maternity leave, according to the Institute for Women’s Policy Research, and 84 countries offer some paid leave to fathers.

Limited leave policies disproportionately impact gay dads and adoptive parents, argues Paid Leave for the United States, an organization pushing for expanded paid leave. A June report examined policies at 44 of the country’s largest employers and found the majority gave little or no paid parental leave to dads and adoptive parents. This makes the first weeks of parenthood for gay dads difficult — scrambling to find time to settle in a new son or daughter, securing and paying for child care.

By Allison Bowen, Contact reporter, September 26, 2017

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In the Age of Celebrity Surrogate Families, What Exactly Is Surrogacy?

surrogacy

Kim Kardashian and Kanye are reportedly expecting their third child via surrogate — many other celebs have done so too.

But surrogacy is nothing new, with more and more Americans opting for it. In 2011, 1,593 babies in the U.S. were born to gestational surrogates, up from 738 in 2004, according to data from the Society for Assisted Reproductive Technology (SART), an Alabama-based nonprofit.

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New York Magazine, and their online presence, The Cut, have produced this video to better explain the surrogacy process.

NYMag.com via thecut.com- September 14, 2017

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Edie Windsor, Equality’s Champion, Dies at 88

edie windsor

Edie Windsor, a tireless advocate for LGBTQ rights who became a worldwide icon at age 84 when her lawsuit against the US government led the Supreme Court, in 2013, to strike down the key provision of the Defense of Marriage Act, has died at the age of 88.

“I lost my beloved spouse Edie, and the world lost a tiny but tough as nails fighter for freedom, justice, and equality,” said Judith Kasen-Windsor, who married Windsor last September, in a written statement. “Edie was the light of my life. She will always be the light for the LGBTQ community, which she loved so much and which loved her right back.”

Roberta Kaplan, the civil rights litigator who represented Windsor in her successful DOMA challenge, said, “Representing Edie Windsor was and will always be the greatest honor of my life. She will go down in the history books as a true American hero. With Edie’s passing, I lost not only a treasured client, but a member of my family. I know that Edie’s memory will always be a blessing to Rachel, myself, and Jacob. I also know that her memory will be a blessing not only to every LGBT person on this planet, but to all who believe in the concept of b’tzelem elohim, or equal dignity for all.”edie windsor

Windsor’s victory at the Supreme Court, which came on a 5-4 vote on June 26, 2013, meant that the federal government was obligated to recognize all legal marriages of same-sex couples on the same terms as those of different-sex couples. Windsor arrived before the Supreme Court in her challenge to a federal estate tax bill of more than $360,000 after the 2009 death of her first wife, Thea Spyer.

Windsor and Spyer, both New Yorkers who began dating in 1965, had traveled to Toronto in 2007, where they legally married. The following year, a New York court ruled that the state would recognize legal same-sex marriages from other jurisdictions, despite the fact that such marriages could not yet be formalized within the Empire State. Regardless of New York’s recognition of their marriage, the Internal Revenue Service viewed Windsor and Spyer as legal strangers.

Although Justice Anthony Kennedy’s majority opinion in the DOMA case made clear that the court was not ruling on the underlying question of whether same-sex couples have a constitutional right to marry — but instead on the narrower issue of whether the federal government must recognize those marriages legally recognized by the states or foreign governments — over the following two years, district and appeals courts, in a blizzard of pro-equality rulings, drew on the logic of the Windsor decision to find just such a constitutional right. On June 26, 2015, two years to the day after the Windsor ruling, the Supreme Court, in the same 5-4 split, ruled that same-sex couples have a right to marry.

by Paul Schindler, gaycitynews.com – September 12, 2017

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Lesbian couples can now have children who are a part of each of them

Over the years I’ve had many lesbians tell me they want children but don’t see themselves being pregnant. It’s not part of their “body image.”

At some level, I understand this feeling. Our gender identity and sexual identity are tied up in our body image and feelings of sexual desire. Being pregnant and carrying a baby inside is an incredibly unique, womanly experience. Men have no idea what this is like, despite how much some may try.

As an experienced obstetrician who’s cared for many pregnant women throughout their pregnancies and deliveries, and as a gynecologist who has cared for and has performed gynecologic surgeries for women for the past thirty years, I’ve seen first-hand the many phases of reproductive health (and experiences with ill health) that only women can experience.IVF

I understand that some women may not identify with parts of that spectrum. For a lesbian couple it is sometimes easy to decide who will carry the pregnancy, while other couples struggle mightily with this uniquely lesbian decision. For single lesbian women, the choice can become more complex: to carry oneself and maybe go into new self-awareness territory, or to utilize the reproductive assistance of a gestational carrier.

We usually reserve gestational surrogates for women with a clearly defined medical need for surrogacy, yet lesbian women can often have very real issues that educate their life choices. Is body image a medical necessity for surrogacy? I believe that it can be if it’s tied into a woman’s sexual identity and sense of self.

We are very fortunate to live in a country where reproductive options are now available for all individuals regardless of gender, sexual identity, or marital status. This is not the case across Europe and other parts of the world. In my practice I see many patients from across the globe – from China, Europe and elsewhere – who travel for reproductive treatment options that are illegal where they live.

All women, and in particular lesbians, who might consider having children someday should talk with their doctor about reproductive options available, or ask for a referral to a fertility specialist to review the treatments that may best apply to their situation. It is imperative that lesbian women seek out a practice that is comfortable providing care to lesbians and same-sex couples.

By Dr. Guy Ringler, LGBTQNation.com – September 12, 2017

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The Worst (and Best) Places To Be Gay in America – Opinion

straight people

If the Trump administration won’t protect gay people, we’re at the mercy of our ZIP codes.

All my life I’ve loved Texas: those big skies, big steaks and big attitudes. I’m there several times a year.

But Texas doesn’t love me back. Certainly its lawmakers don’t, and lately they’ve been hellbent on showing that.

In June the governor signed a bill allowing child welfare groups to refuse adoptions that contradict their “sincerely held religious beliefs.” They can turn away gay men like me.adoption and surroagcy

That same month, the Texas Supreme Court approved a lawsuit challenging the city of Houston’s provision of equal benefits to all married employees, including those with same-sex spouses. Although the United States Supreme Court legalized same-sex marriage nationwide in 2015, Texas bucks and balks.

Not New York. My state loves me something fierce. What it did in June was finalize the design of a monument to L.G.B.T. citizens in downtown Manhattan. New York legalized same-sex marriage back in 2011 without any federal nudge.

There’s no such thing as L.G.B.T. life in America, a country even more divided on this front than on others. There’s L.G.B.T. life in a group of essentially progressive places like New York, Maryland, Oregon and California, which bans government-funded travel to states it deems unduly discriminatory. Then there is L.G.B.T. life on that blacklist, which includes Texas, Kansas, Mississippi and South Dakota.

The differences between states — and between cities within states — are profound, and while that has long been true, it’s much more consequential since the advent of the Trump administration, a decidedly less ready ally of L.G.B.T. people than the Obama administration was.

The federal government under Donald Trump won’t be rushing in to help L.G.B.T. people whose local governments fail to give them equal rights, a sense of belonging or even a feeling of physical safety. Despite Trump’s happy campaign talk about how fond he was of gays (and, Trump being Trump, how fond they were of him), his record as president has been hurtful and hateful. Immediately after his inauguration, references to the L.G.B.T. community were scrubbed from many federal websites, including the White House’s and the Department of State’s.

Plenty of the people he pulled into his cabinet have long histories of pronounced opposition to gay rights. One of them, Attorney General Jeff Sessions, leads a Department of Justice that recently went out of its way to make clear, in court filings, that it did not consider L.G.B.T. people to be protected by a federal civil rights law that prohibits employment discrimination. The Obama administration had taken the opposite view.

by Frank Bruni, New York Times, August 25, 2017

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What Donor Conceived People Think of Donor Conception

donor conceived

The number of donor conceived children (donor sperm, donor egg, and donor embryo) is expanding.

In many ways it feels that we are standing on a precipice. We have such an opportunity in front of us to avoid some of the mistakes made in the past with both sperm donation and adoption, and yet I fear we are not learning.  Donor conceived children may have the answer.

The real experts on the best way to raise a child conceived by donor sperm, egg, or embryo are the adults that were conceived by donor conception way back in the day (or not so way back). I recently read the results of a fascinating survey of 82 donor conceived adults on We Are Donor Conceived.IVF

The people who responded to the survey were from around the world, mostly female (84%), raised by heterosexual parents (82%), and conceived by donor sperm (81 out of 82). They were born between 1954 and 2000, with 42% being born in the 1980s.

Donors and Donor Siblings are Important

According to We are Donor Conceived, 65% of respondents agree with the statement “My donor is half of who I am”. 94% indicated they often wonder what personality traits, skills, and/or physical similarities they share with their donor. 96% of respondents said they would like to know how many donor siblings they have, and a strong majority indicated they are open to forming a relationship with their donor (87%) or donor siblings (96%).

Eighty-six percent of the respondents thought that anonymous donation should not be allowed.

When Did They Find Out They Were Donor Conceived

The results on when they found out they were conceived by donor surprised me because I assumed that more of them would have found out later in life. The survey, however, found that 61% were five years or younger when they found out.

by Dawn Davenport, August 24, 2017 – Creatingafamily.org

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