WHY I’M AN ORTHODOX RABBI WHO IS GOING TO OFFICIATE LGBTQ WEDDINGS

orthodox LGBTQ

Shouldn’t our Orthodox communities rush at the opportunity to keep as many Jews, including LGBTQ jews, engaged in their Judaism? Is this the Torah and this its reward?

orthodox LGBTQ

A queer friend of mine from a haredi Orthodox background had posed a query publicly on social media. She had attended a conference on LGBTQ inclusion. There she learned a practice of certain Catholic priests who described going into gay bars in full clerical garb: They would sit in the bar, and when queer Catholics approached them, the priests would affirm God’s love and their belonging place in the church.

My friend asked her community of observant Jews, acknowledging that rabbis don’t have any identifying clerical garb: When might Orthodox rabbis do the same?

As an Orthodox rabbi myself, I was intrigued. I discovered a rainbow kippah online and decided to purchase it.

It managed to garner attention the first day I wore it. A woman took a picture of me and motioned a thumbs-up. A homeless man on the subway who was begging for money approached, pointing to my kippah, and said, “Now I like that,” and bumped my fist. A man in high heels came up to me before getting off his stop and said, “Thanks for the yarmulke.” I even had made my way to the headquarters of Chabad Lubavitch that very same day for a meeting and a Hasid asked me where he could find a kippah like mine. I surmised: The kippah works.

But what is it symbolizing and is it enough?

The kippah is a symbol of my commitment to God, to Torah and the Jewish people. To me, the rainbow kippah is also a symbol that God and Judaism love you no matter your sexual orientation.

I understand that the plain reading of Leviticus considers homosexual sex a “toevah,” often translated as an abomination. I understand that Jewish law views kiddushin, the ritual ceremony of marriage, as a legal structure between a man and a woman. I know and respect this.

But I also believe that the Torah does not want human beings to live alone, and supports a covenantal relationship between parties as they build a faithful Jewish home. I know that Judaism has, for thousands of years, had a rich understanding of the diversity of gender identities. I know that the Torah affirms the God-endowed dignity of all human beings.

In the recent film “Boy Erased,” based off Garrard Conley’s memoir describing his experience in a gay conversion program, a scene between a Baptist pastor father and his adult gay son has stayed with me. Conley’s character says something along the lines of “I’ve tried to change, God knows I’ve tried. I can’t change. Now it is your turn.”

www.thejerusalempost.com, April 7, 2019 by Avram Mlotek

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I Wanted to Change the World for Gay Black People. Starting With Myself. Queer Love In Color

queer love in color

I’m working on a book based on my Times article, “Queer Love in Color,” a celebration of the joy and romance that queer couples and families of color share. Here’s how it came about — and how you can help.

queer love in color

Last year, I published an article that changed my life.

I was a few weeks into my job at The New York Times when I realized I was never taught how to love another gay, black man.

I mean, I’d done it. I’ve had fulfilling relationships and I’ve said “I love you” and meant it. But did I really know what I was doing? Did any of us? It’s hard to do something you’ve never seen. For most of my life, the most visible queer couples in media have been white. I’d always been aware of this, but I didn’t realize what it was doing to my head.

So I made a list of all the things in my life I started to question soon after working here.

  • The truth is hard. So hard that The Times, where I’m a digital storytelling and training editor, built an entire advertising campaignaround it. Is it too hard for me? Do I even know how to do journalism? Do I have a basic grasp of the English language?
  • How do I single-handedly reverse over a century of problematic representation and erasure of minority communities by the media? Will it make me Twitter-famous? 
  • How do I learn to love other gay men? When I figure this out, how do I teach the rest of the gay community? 

I got to thinking.

Six months earlier, I had been in Orlando, at a gay bar with a young man named Josean, whose two best friends were murdered in the Pulse Nightclub shooting 357 days earlier. We were searching for Khia, rapper of “My Neck, My Back” fame, who was performing a benefit show for survivors of the shooting and their families. (We never found her.)

Late that evening, I met another young man, who, upon learning I was a journalist, lamented the media’s coverage of the Pulse shooting and its aftermath, and the focus on bloodshed and tragedy over the community’s continuing story of strength and triumph.

I was emotionally overwhelmed by both that story and that moment and felt a clarity of mission that I’d never felt before.

I remember wishing I had someone to talk to. Or alcohol. Or tacos. (There are great tacos in Orlando.)

Instead, back at my hotel, I cried and watched TV and eventually I was no longer awake.

About a year after crying myself to sleep in that Orlando hotel room, I wrote and photographed an article called “Queer Love in Color” for The New York Times. That was a life-changing experience, too, in the literal sense. I grew more optimistic about love, the queer community and our ability to honestly represent the two in our reporting. 

NYTimes.com, April 6, 2019 by Jamal Jordan

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Source: Time for Families

WHAT POLYAMOROUS & MULTI-PARENT FAMILIES SHOULD DO TO PROTECT THEIR RIGHTS

three parent custody

Families with more than two adults are on the rise, along with other families of choice beyond a nuclear model. 

Many don’t realize that legal options exist to provide stability and protect these family connections. If you’re in one of these families, take steps to secure and clarify your parenting or partnership rights when legally possible, and make contracts between yourselves to minimize potential disagreements.

three parent custody

What kinds of families have more than two adults?

My clients and community include polyamorous families of three or more committed partners, some of whom may be metamours – those who share a partner and familial bond without being romantically connected. Some of these polyamorous families include children, and some of those co-parent as three or four, while others maintain the structure of two parents with their other partner(s) as loving adults to their children like aunts and uncles, but not parents.  (It is critical to pick a side, as I’ll explain below.)

These polyamorous families have overlapping legal concerns with multi-parent families, which are most often a female same-sex couple who are co-parenting with a platonic male friend, who does not relinquish his rights as a sperm donor but instead stays on as a dad, sometimes with a partner of his own in the parenting mix. This can be a much more organic and affordable option for biological parenting for gay men as compared to surrogacy, which often costs over $100,000 and several years of effort with matching programs, physicians and attorneys. Multi-parent families also arise in non-LGBTQ contexts, in which a woman might have two men in her life who take on the role of father (perhaps one who is a husband and one who is the biological father).

Finally, these issues overlap with platonic partnering, in which two or more adults who are not in a romantic relationship band together to live as a family, which may include female friends (or sisters) sharing a household and parenting duties, a woman opting to co-parent with her gay best friend, an adult banding together with a romantic couple as a family, or a small group of friends wishing to create the bonds of family. If the Golden Girls wished to share end of life caregiving, finances, estate-planning, and hospital visitation as family, they’d be in this category (and I’d love to have them as clients).

Let’s recognize the solidarity between all of these family forms, along with same-sex couples and those bucking the norm to live single or redefine their partnership, as different expressions of the desire to choose families in our own way outside of the heterosexual nuclear family model. We’re all in that movement together.

Are you a dad or a donor? Mommy or auntie? Be clear on whether a third adult is a parent.

When people create families of choice, they don’t have clear cultural models to follow. Many of us wing it, which can lead to misunderstandings and legal ambiguities. I see this most often with ambiguous parenting status. This happens sometimes when a female same-sex couple or single mother finds a male friend to “help” create a turkey baster baby, without making a clearly negotiated agreement on whether that male friend is a sperm donor with no rights or responsibilities or a father. This also happens when a polyamorous couple with children invites a serious partner to live with them as a family, without agreeing on the role this adult will play in their child’s life. Sometimes I see these families when disputes or misunderstandings have occurred – and I’d much rather help people sort this out in advance through clear communication and a written agreement.

by Diana Adams, Esq. – Family Law Institute Blog Post December 17, 2018

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One Truth About Adult Guardianship – ‘I’m Petitioning … for the Return of My Life’

adult guardianship

When Phyllis Funke hit bottom, the court appointed a guardian to prop her up. The remedy is like prison, she said. But “at least in prison you have rights.”

The last weeks that Phyllis Funke could legally make decisions for herself, she climbed into bed, planning to stay there for a while. It was the end of 2016 and she felt disillusioned with the election and wounded by her brother’s recent move to Texas.

She wasn’t considering suicide, she said. She just needed to go under the covers until she could figure out how to deal with the rest of her life, so totally alone.

adult guardianship

She had credit cards, a car, friends and financial advisers in Maine and New York.

When a caseworker from Adult Protective Services and a city psychiatrist entered her apartment on March 3, 2017, clipping the security chain because she did not answer the door, she was unraveling emotionally and physically, at risk of becoming homeless or worse. She had no idea what price she would pay for the intervention.

“I’ve been bullied, blackmailed and stripped of the things I need to live, including my money,” she said on a recent afternoon. “Everything has been taken away from me. I have no access to my bank accounts. I don’t have the money to pay for the medications that I’m prescribed. I don’t get mail. I can’t choose my own doctors.

In a City like New York, where people are used to looking past their neighbors, how often do you see someone and ask yourself, Is that person O.K.? Should I call someone? Maybe they’re older and not moving well. They look adrift in the produce aisle, or you pass their open apartment door and you can’t see the floor for the clutter. You’re a paramedic and they’re refusing to go to the hospital after a bloody fall. It’s your mother or your uncle, and you’re worried about the bills piling up, or the email scams or the sudden loan to a stranger.

You bandage the wound or you promise to check in tomorrow, or you turn away and get on with your life.

Or you call Adult Protective Services. After all, that person needs some sort of protection, doesn’t she?

New York Times, December 7, 2018 by John Leland

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Source: Time for Families

His husband died months after they were able to marry. He’s still fighting for Social Security benefits.

social security benefits

Before their wedding day, Michael Ely and James Taylor hardly ever held hands in public.

When they first started living together, more than four decades earlier and only two years after the Stonewall uprising, it was dangerous to be an openly gay couple. Homosexuality was still considered a mental illness by the American Psychiatric Association.Social Security Benefits

But surrounded by close friends on that day in November 2014, two weeks after Arizona began legally recognizing same-sex marriages, Ely and Taylor walked out of the Pima County courthouse holding hands as a married couple.

“I can’t even begin to tell you how that felt,” Ely said. “After that we started holding hands everywhere we went.”

Seven months later, Taylor died of liver cancer, and Ely was left mourning the loss of his partner of 43 years, a skilled guitarist who he always called “Spider.” Because Taylor, a structural mechanic for aerospace company Bombardier, was the main breadwinner for the couple, Ely was also left without an income.

And now, more than three years after his partner’s death, Ely still has not qualified for Social Security survivor’s benefits. The Social Security Administration requires that a couple be married for at least nine months before a spouse’s death for a widow to collect survivor’s benefits. Because Ely was only married to Taylor for seven months before he died, he is not eligible.

Last week, Lambda Legal, an LGBTQ legal advocacy organization, filed a lawsuit against the Social Security Administration on behalf of Ely, arguing that excluding surviving same-sex spouses from Social Security benefits based on the nine-month requirement violates their equal protection and due process rights under the Constitution.

“By denying same-sex couples an important benefit associated with marriage, that they paid for with their own taxes, the federal government is replicating the same harms of marriage inequality,” said Peter Renn, a lawyer with Lambda Legal. “They’re basically putting same-sex surviving spouses to an impossible test that they can’t meet.”

A spokesman with the Social Security Administration said the agency does not comment on pending litigation.

Ely is one of several same-sex surviving spouses across the country who have been denied social security benefits based on the nine-month requirement, Renn said. He could not estimate how many such cases exist, but said his office has received numerous calls from people in similar situations. He also anticipates more cases could emerge soon, now that spouses like Ely have exhausted all of their administrative options, appealing their cases through the Social Security Administration.

“People like Michael have been basically in administrative purgatory for a number of years,” Renn said.

Lambda Legal has also joined a lawsuit in New Mexico on behalf of Anthony Gonzales, whose husband Mark Johnson, a fifth-grade teacher, died of cancer in February 2014. Gonzales and Johnson were in a relationship for almost 16 years, and they got married on the first day they were legally allowed to do so in New Mexico — Aug. 27, 2013. But because their marriage lasted less than nine months, Gonzales has not been able to qualify for Social Security survivor’s benefits.

by Samantha Schmidt, Washingtonpost.com, November 28, 2018

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Source: Time for Families

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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BUT, I’M ON THE BIRTH CERTIFICATE!

gay parents adopting, same sex paretners

Why a Birth Certificate Alone Is Not Sufficient Protection for Your Legal Parentage Rights

A common misconception among LGBT parents is that being listed as a parent on a birth certificate is all that is needed to establish one’s legal parentage to their child.  If only it were so simple.birth certificate

I’d like to give you an example to illustrate the issue more queerly.  Close your eyes and hearken back to the days of yore… It’s late 2013, and the Supreme Court has required the federal government to recognize same sex marriages from the states that allow them.  Nevertheless, we were in a legal enigma: what happened to those marriages when they crossed state lines from a marriage equality state to a non-marriage equality state? Lauren Beth Czekala-Chatham and Dana Ann Melancon can tell you what happened to them…the state no longer recognized their marriage.  So, when they moved from California to Mississippi and decided to get divorced, they were in a bit of a pickle. Mississippi decided that their marriage was against the state’s public policy, and therefore, the divorce and division of marital assets that they sought was not available to them.

“How could this have happened?”  You may ask. “What about the Full Faith and Credit Clause from the US Constitution?”  Doesn’t it require that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State”?  Well, the Supreme Court has held that the Full Faith and Credit Clause is meant to apply to judgments and court orders from one state to the next, but it does not hold the same requirements for laws or administrative records, like marriage certificates.  So, their valid marriage certificate in California was worth the paper it was written on when they moved to Mississippi. Fast forward to Obergefell, and marriage equality is now the law of the land, and the Supreme Court has held that marriage cannot be denied to same sex couples, but that was an issue of individual rights under the Constitution, and not an issue of recognition of administrative records across states.  

So, the issue that existed for marriage certificates a few short years ago still exists for birth certificates today.  You and your co-parent may both be on the birth certificate in your child’s birth state. But, what happens if you get into a car accident on a cross country road trip in a state that decides that your birth certificate is against public policy and therefore need not be recognized?  Seems like a pretty tragic time to be left out in the cold and unable to make medical decisions for your child, especially if your co-parent is not with you or is incapacitated.

by Amira Hasenbush, LGBTBar.org, October 15, 2018

Click here to read the entire article.

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Source: Time for Families

Stigma Against Gay People Can Be Deadly

LGBT Trump

L.G.B.T. people experience a range of social, economic and medical disparities that jeopardize their long-term health.

I’ve never been sure what to expect when meeting someone who’s just tried to take his own life. But I’ve learned to stop expecting anything.

Sometimes, the person in front of me barely speaks, staring right through me, lost in a deep catatonic depression. Sometimes he or she can’t stop talking, breathlessly describing what happened as if we’re gossiping at brunch after an hour of SoulCycle.LGBTQ

Yesterday, my patient, a 20-something graduate student, swallowed a jumble of unmarked pills, hoping to die, after his father told him never to come home again. Today, he greeted me with a soft smile, his delirium starting to clear, his heart beating normally again.

“Whoops,” he said.

He’d been a happy kid who aimed to please. He once felt so bad for lying about having done his homework before playing video games, he told me, that he’d grounded himself. Sociable but square, he didn’t drink until he was 21, even though he’d gone to a college with a reputation for partying. Deeply religious, he was gay but desperately wanted not to be.

Now his father’s disavowal pushed him over the edge, capping a string of stigmatizing experiences at home, at school and at church. He’d had enough.

For decades, we’ve known that lesbian, gay, bisexual and transgender individuals experience a range of social, economic and health disparities — often the result of a culture and of laws and policies that treat them as lesser human beings. They’re more likely to struggle with poverty and social isolation. They have a higher risk of mental health problems, substance use and smoking. Sexual minorities live, on average, shorter lives than heterosexuals, and L.G.B.T. youth are three times as likely to contemplate suicide, and nearly five times as likely to attempt suicide.

Some of these disparities have interpersonal roots: social exclusion, harassment, internalized homophobia. But often they stem from an explicit denial of rights: same-sex marriage bans, employment discrimination, denial of federal benefits. Discrimination in any form can have serious health consequences: Sexual minorities living in communities with high levels of prejudice die more than a decade earlier than those in less prejudiced communities.

But civil rights advances and growing public acceptance of L.G.B.T. individuals in recent years are among the more transformative social changes in modern American history. And evidence increasingly suggests this shift has measurably improved health care access and health outcomes for L.G.B.T. populations.

The halting, patchwork nature of L.G.B.T. rights expansions across the country has allowed researchers to study the effects on health and well-being by comparing states that expanded rights to those that failed to introduce protections, or actively curtailed them. Since Vermont became the first state to formally recognize same-sex partnerships in 2000, many other states either legalized same-sex marriage, or conversely, passed constitutional amendments banning it — until the landmark 2015 Supreme Court decision in Obergefell v. Hodges required all 50 states to recognize same-sex marriage.

By Dhruv Khullar, M.D., NYTimes.com, October 9, 2018

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New Supreme Court Term Potentially Momentous for LGBT Rights

Anthony Kennedy retirement

The Supreme Court begins its October 2018 Term, which runs through June 2019, on October 1.

During the week of September 24, the Supreme Court holds its “long conference,” during which the Justices consider the long list of petitions for review filed with the Court since last spring, and assembles its docket of cases for argument after those granted late last term are heard.  While there are several petitions involving LGBT-related issues pending before the Court, it is unlikely that there will be any announcement about these cases until late October or November at the earliest.Anthony Kennedy retirement

Three of the pending petitions raise one of the most hotly contested LGBT issues being litigated in the lower federal courts: Whether Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination because of an individual’s sex, can be interpreted to extend to claims of discrimination because of sexual orientation or gender identity. One of the three cases also raises the question whether an employer with religious objections gender transition has a defense under the Religious Freedom Restoration Act.  Another petition presents the question whether a judge who has religious objections to conducting same-sex marriages has a 1st Amendment right to refuse to do so.

Although many state civil rights laws ban such discrimination, a majority of states do not, so the question whether the federal law applies is particularly significant in the Southeast and Midwest, where state courts are generally unavailable to redress such discrimination.

With President Donald J. Trump’s nomination of Brett Kavanaugh to fill the seat vacated by Justice Anthony M. Kennedy, Jr.’s, retirement, which was effective on July 31, petitions pending at the Supreme Court took on heightened significance while the Senate confirmation process was taking place. The Senate Republican leadership had hoped to speed the process so that Trump’s appointee would be seated on the Court by the time the term began on October 1, but accusations of long-ago sexual misconduct by Kavanaugh have caused the Judiciary Committee’s vote to be delayed.  Meanwhile, the eight-member Court had to confront the question during their long conference of whether to grant review on cases as to which the justices were likely to be evenly divided, when they were unsure when the ninth seat would be filled and who would fill it.  As of the end of September, they had already scheduled oral arguments on cases granted last spring running through the first week of November.

ArtLeonardObservations.com. September 24, 2018, by Art Leonard

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Source: Time for Families