Mitch McConnell’s Stance in Scalia Confirmation Fight Could Help and Hurt G.O.P.

WASHINGTON — Senator Mitch McConnell’s strategy to maintain the Republican majority has been clear: trying to prove that his party can govern. But by saying he will block a Supreme Court nominee for Scalia who has not even been named, Mr. McConnell is headed toward partisan warfare instead.

The death of Justice Antonin Scalia has energized a right flank that has been long suspicious of Mr. McConnell and forced him into a fight that is likely to derail his smooth-functioning Senate. The tactic could alienate moderate voters and imperil incumbent Republicans in swing states, but in the supercharged partisanship of a Supreme Court fight, he probably had no choice. By framing his decision as deferring to voters in the next election, people close to him say he has minimized the political risk.

“It was necessary,” said Josh Holmes, Mr. McConnell’s former chief of staff, who now works as a Republican consultant. “The suggestion that the American people should have a say here isn’t exactly risky ground to be treading.

scalia

U.S. Supreme Court Justice Antonin Scalia speaks at an event sponsored by the Federalist Society at the New York Athletic Club in New York October 13, 2014. REUTERS/Darren Ornitz . SAP is the sponsor of this content. It was independently created by Reuters’ editorial staff and funded in part by SAP, which otherwise has no role in this coverage.

“As for the politics,” he continued, “if anyone thinks the center of the electorate is clamoring for Obama to name another left-wing jurist they’re nuts. The liberal left will be as loud as they ever have been, but the reality is that the consternation will be confined to the activist left.”

Mr. McConnell’s other calculation is that if Democrats maintain the White House and take back the Senate, he will at least have denied President Obama a closing victory on the court. If Republicans take over, any heat he will take in the next year for the highly unusual move of blocking a nominee will have been worth it.

He has spent his leadership of the slender Republican majority balancing the demands of conservatives, who view Mr. Obama’s presidency as an eight-year constitutional crisis, and his obligations to vulnerable Republicans up for re-election this year. He has chosen the conservatives.

But events in the coming months could confound that decision. Mr. Obama’s nominee will put a face on what Democrats will call a clear case of obstruction, giving them someone to rally around. And a divided court must render decisions on abortion-clinic access, affirmative action at universities and Mr. Obama’s executive actions on immigration. Every deadlocked 4-to-4 decision will spotlight the Senate’s inaction, amplifying Democrats’ cries of irresponsibility but also highlighting the stakes for conservatives set against enabling a left-leaning court majority.

New York times, By Jennifer Steinhauer – February 14, 2016

Click here to read the entire article.

in In the News / Legal / Legislation  by Anthony Brown 0 comments

Tips For Estate Planning – Inside Information

Tips for estate planning can come from many people and places. The most important thing that you probably won’t hear is that you may have already done a substantial amount of estate planning without even knowing it.

The best tips for estate planning that I can offer involve a little basic education first. Most people, when they hear the term, “estate planning,” they think of Wills and, in some cases, trusts.  While Wills are a necessity and a Trust can be helpful in certain circumstances, you can take critical steps to protect your family without even having a Will or Trust.

Estate Planning For Same Sex Couples

Probate Assets

To understand this, you must understand what a Last Will and Testament does. A Will passes probate assets to your beneficiaries, the people you choose to receive them.  A probate asset is anything that is owned solely by an individual.  Examples of probate assets include your personal property and furnishings, bank accounts held solely in your name or a car, house or apartment titled solely in your name alone.

Non-Probate Assets

Wills do not cover, or pass, non-probate assets.  These assets pass outside a Will and, usually, are transferred to specified recipients much faster than if they would if transferred by a Will.  Examples of non-probate assets include accounts or policies with designated beneficiaries, like life insurance or joint bank accounts.  They also include property titled as joint tenants with rights of survivorship or tenancy by the entirety (how married couples jointly own property.)  Real property owned as joint tenants with rights of survivorship or tenancy by the entirety automatically passes to the joint owner upon the death of the first to die.

If you are in a long term relationship and have an IRA, a 401(k) or 403(b) account, a brokerage account, a joint bank account and you own your home or apartment jointly with your spouse or partner, then there is relatively little that would be considered a “probate” asset, therefore, very little need for the probate process.  Just make sure that you have named your spouse or partner as the primary designated beneficiary and you are good to go.  You can also name a secondary beneficiary on these accounts.

What is Probate?

While the specific process differs state by state, probate is the process that transfers legal title of property from the estate of the person who has died to those named in that person’s Last Will and Testament under the supervision of the local surrogates or probate court. If the person who has died has successfully minimized their inventory of probate assets, then there may be nothing which would require a probate court’s intervention.  This is successful estate planning.

Wills and Trust

It is always wise to have a Will, even if you have maximized your non-probate assets. Wills ensure that nothing falls between the cracks and, if your probate estate is under a certain amount, for example – in New York, a small estate proceeding can be accomplished if probate assets are valued at less than $30,000.00 – then you may be able to avoid a full probate proceeding.  If you have children that are minors, you should consider creating a Will with a testamentary trust (a trust that does not come into existence unless you, or you and your spouse or partner both die).  This trust allows you to control the way money is distributed to a minor and by whom.  Trusts are also advisable for people who own property in states other than those in which they reside.  This will help to avoid costly and redundant probate proceedings.  Click here for more information about what documents constitute a complete estate plan.

For more information on tips for estate planning for same sex couples, contact Anthony M. Brown at Time for Families and speak to a specialist family lawyer to secure your and your family’s future.  Click here to read more about estate planning for same sex couples.

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in Estate Planning / Featured Articles  by Anthony Brown 3 comments

Surrogacy Ethics – Is It Selfish for a Gay Couple to Have Kids via Surrogacy?

Surrogacy ethics are in the news more and more around the world.  Are gay men’s options for family limited to adoption?

 

Question – My husband and I are gay and are exploring the possibility of having children using an egg donor and a surrogate mother. Sometimes when we mention this in conversation, people ask us, in a chiding tone, Why don’t you adopt? They often then argue that with so many children in need of good homes, it would be ethically superior for us to adopt, instead of spending a small fortune so we can have children to whom we are genetically tied. In addition, there are ethical issues related to paying women for their eggs or paying women to carry our children as surrogates. Are we acting unethically — or at the least selfishly or self-indulgently — in pursuing biological children instead of adopting orphans who could benefit from what (we like to think) would be a good home? David Lat, New York

adopt

Answer – Anybody who is contemplating having a baby, by whatever means, could be adopting a child instead. If those who chide you include people who have biological children themselves, you might want to point this out. Come to think of it, your friends who don’t have children are also free, if they meet the legal requirements, to adopt. Every child awaiting adoption is someone who could benefit from parental volunteers. There is no good reason to pick on you.

The path you have chosen, it’s true, mixes commerce and reproduction through egg donation and surrogacy. But while acquiring an egg and then working with a surrogate mother are transactions with ethical risks, they can each be conducted in morally permissible ways. The main concerns I would have as to surrogacy ethics are avoiding exploitation — so you need to make sure that the donor and the surrogate are acting freely and are fairly compensated — and taking care that your understanding with the surrogate mother is clearly laid out in advance. But any responsible agency that assists you in this should cover these bases.

Wanting a biological connection with your child is pretty normal: We evolved to pass on our genes, after all, even if we’re free to give Mother Nature the side-eye.

New York Times, By KWAME ANTHONY APPIAH FEB. 10, 2016

Click here to read the entire article.

in Egg Donation / Ethics / Recently Added / Second Parent Adoption / Step Parent Adoption / Surrogacy  by Anthony Brown 0 comments

Conversion Therapy Banned by Governor Cuomo Through Executive Actions Banning Coverage By Private Insurers

Multi-agency regulations announced today ban public and private health care insurers from covering conversion therapy in New York State

Governor Cuomo: “We will not allow the misguided and the intolerant to punish LGBT young people for simply being who they are.”

Governor Andrew M. Cuomo today announced a series of comprehensive regulations to prevent the practice of so-called lesbian, gay, bi-sexual and transgender “conversion therapy,” which has been deemed harmful to patients by a wide variety of leading medical and mental health professionals. Multi-agency regulations announced today ban public and private health care insurers from covering the practice in New York State, and also prohibit various mental health facilities across the state from conducting the practice on minors.

“Conversion therapy is a hateful and fundamentally flawed practice that is counter to everything this state stands for,” said Governor Cuomo. “New York has been at the forefront of acceptance and equality for the LGBT community for decades – and today we are continuing that legacy and leading by example. We will not allow the misguided and the intolerant to punish LGBT young people for simply being who they are.”

CONVERSION

The New York State Department of Financial Services is issuing regulations barring New York insurers from providing coverage for conversion therapy given to an individual under the age of 18. Additionally, the New York State Department of Health is prohibiting coverage of conversion therapy under New York’s Medicaid program and the New York State Office of Mental Health is issuing regulations prohibiting facilities under its jurisdiction from providing conversion therapy treatment to minors.

Conversion therapy – which refers to therapy intended to change an individual’s sexual orientation or gender identity – has been repudiated by many medical and professional organizations, including: the American Academy of Pediatrics; the American Counseling Association; the American Psychiatric Association; the American Psychological Association; the American School Counselor Association; the National Association of School Psychologists; and the National Association of Social Workers.

“Governor Cuomo and the State of New York are commended for taking a principled and scientific stand,” said American Psychiatric Association President Renee Binder, M.D. “APA has long recognized that so-called reparative therapy is not a scientifically validated treatment and can, in fact, undermine self-esteem and be hazardous.”

Warren Seigel, MD, FAAP, Chair of the New York State Academy of Pediatrics, said: “Being lesbian, gay, bisexual, or transgender is not a disease, disorder, illness, deficiency, or shortcoming. The American Academy of Pediatrics, as well as all major professional associations of health and mental health practitioners and child and adolescent development specialists in the United State have recognized this fact for nearly 40 years. We are very pleased by the actions announced today to help protect vulnerable gay, lesbian, bisexual, transgender and questioning youth from discredited, sham and dangerous interventions. We applaud Governor Cuomo for his bold leadership on this issue.”

in Ethics / In the News / Religious  by Anthony Brown 0 comments

Egg Donor Prices Cap Lawsuit Settled By Fertility Industry

The nation’s leading professional association of fertility specialists has reached a settlement with a group of women who claimed the medical group’s guidelines on human egg donor prices violated federal antitrust laws.

Two women who provided eggs to couples struggling with infertility sued the American Society for Reproductive Medicine in federal court in San Francisco in 2011, claiming that the group artificially suppressed the amount they can get for their eggs. Two other women later joined the case.

The medical group agreed to delete provisions in its guidelines concerning egg donor compensation, according to the proposed settlement filed in court last week. It also agreed to pay plaintiffs’ lawyers $1.5 million in fees and costs. The four named plaintiffs would also receive $5,000 each. The settlement needs court approval.

As WSJ’s Ashby Jones earlier reported, the lawsuit challenged egg fee guidelinesestablished by the organization more than a decade ago. The group, which represents fertility specialists, suggested that payments for donated human eggs should not go above $5,000 without justification, and said that payments greater than $10,000 went “beyond what is appropriate.”

The price guidelines aren’t mandates. But more than 90% of the nation’s clinics belong to the society, so they’re widely followed.

anonymous egg donor

Industry groups behind the price guidance say caps are needed to prevent coercion and exploitation in the egg-donation process. But the plaintiffs claimed the guidance amount to an illegal conspiracy to set prices.

Under the terms of the settlement, which still needs final court approval, ASRM agreed to delete some language from the guidelines. According to the proposed settlement:

ASRM will amend the challenged report concerning donor compensation by removing numbered paragraph 3 (which reads “[t]otal payments to donors in excess of $5,000 require justification and sums above $10,000 are not appropriate.”) and by removing the following language from page 4: “Although there is no consensus on the precise payment that oocyte donors should receive, at this time sums of $5,000 or more require justification and sums above $10,000 are not appropriate” and “A recent survey indicates that these sums are in line with the practice of most SART member clinics.”

by Jacob Gershman, Wall Street Journal, February 3, 2016

Click here to read the entire article.

in Egg Donation / In the News / Legal / Recently Added  by Anthony Brown 0 comments

Same-Sex Parents (and Our Kids) Speak Out

Same-sex relationship recognition is up for a vote in both Italy and Switzerland in the coming weeks—and same-sex parents are, not surprisingly, helping to push for equality. And in Australia, one 11-year-old girl is speaking out for her family.

Italy’s civil union bill comes up for a vote next Tuesday, and includes a provision that would allow for second-parent (or stepchild) adoptions. Martina and Julia, a same-sex parents of an infant live in Rome and were profiled in Vanity Fair Italy about their family. They discuss the 13 attempts in two countries (Denmark and England) to create their son, the community they found through the national organization for LGBT parents, Famiglie Arcobaleno (Rainbow Families), how they have tried to legally protect their family, and their response to those who oppose equality for families like theirs. (Google Translate does a decent, though not perfect, job for those who don’t read Italian.)

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The New York Times, in its coverage of the Italian civil union debate, also led with a parenting story, that of Dario De Gregorio and Andrea Rubera. The men married in Canada, became parents of three children, then returned to their native Italy where their relationship was not recognized and custody of their children was divided because they could not adopt each other’s biological kids. The stepchild adoption provision of the civil union bill, however, may be “too far-reaching” for some legislators, the NYT reports.

CNN followed the NYT and a few days later dug further into De Gregorio and Rubera’s story in “Gay dads hope Italy approves law on same-sex civil unions and parenthood.” Rubera told CNN that opponents of civil unions say “You stole your kids, you stole your kids from their mother. You denied to your kids to have a mother, you bought your kids from the supermarket like watermelons.” He adds, “It’s difficult to imagine if you aren’t living in Italy … how strong and awful the public debate about civil unions has become.”

Click here to read the entire article.

Mombian.com, January 29, 2016

in International / Parenting / Recently Added  by Anthony Brown 0 comments

Indian Supreme Court to Reconsider Criminalization of Homosexuality

In 2013, the Indian Supreme Court shocked the nation and the world by re-criminalizing homosexuality.

Decades of progress, which had culminated in a 2009 ruling by a lower court to legalize same-sex activities, were swept away by the odd decision to reinstate a ban first imposed by British Colonial authorities in 1860. Tomorrow holds hope for change, however, as India’s supreme judicial body is set to decide whether or not to revisit the issue. Activists are hoping that the Indian Supreme Court, which is known for its progressive approach to civil rights and the rights of minority groups, will rectify what many have interpreted as a gross affront to human dignity in the world’s largest democracy.

International

Sadly, the legal challenge faced by LGBT people is not unique to India. While Britain has progressed immensely on LGBT issues in recent years—marriage equality is now legal in England, Scotland, Wales, and the Republic of Ireland—its legacy around the globe is far less positive. Of the 76 countries that still criminalize homosexuality, more than half of them do so because of laws imposed by the British Empire in the 19th century. Activists have repeatedly called upon Britain to pressure Commonwealth nations (former colonies) to overturn the archaic laws. At the opening ceremony for the 2014 Commonwealth Games, held in Glasgow just months after Scotland voted to legalize same-sex marriage, organizers included a same-sex kiss—something that was broadcast live to more than 1 billion people across the Commonwealth.

Click here to read the entire article.
Out.com by James McDonald, February 2, 2016
in In the News / International / Legal  by Anthony Brown 0 comments

Surrogacy Workshop Part 1: Planning Your Journey / 2015 SF MHB

Men Having Babies created this Surrogacy Workshop in order to take a broad look at the crucial decisions and milestone gay men face in their pursuit of biological parenting. It outlines some of the typical steps and milestones parents go through, presented chronologically and as a decision-tree.

 

 

Initial research:

Check web, come to Planning Biological Parenthood meetings, speak to surrogacy veterans, and attend free consultations with agencies and watch this surrogacy workshop video. While you do not have to make all of the following decisions upfront, you may want to keep these questions in the back of your mind:

  • Consider surrogacy versus other options like adoption, foster care, shared parenting.
  • Consider Traditional Surrogacy (TS) versus Gestational Surrogacy (GS).
  • These options vary considerably in process, cost, duration, legality and likely future relationships with the surrogate /egg donor.
  • In TS, a surrogate is carrying a baby conceived through artificial insemination using the sperm of one of the intended parents. In GS, a carrier is impregnated with embryos created through IVF (In Vitro Fertilization), using the couples’ sperm and donated eggs.
  • If you decide on GS, consider various options for egg donation: unknown, known (donors who are open to meeting the children or providing additional medical history information should the need arise in the future), or even from a family member or a friend.
  • If you are a couple, think of paternity options: should one of you provide the sperm, or should you mix your samples before the insemination /fertilization? If you are doing IVF, you can fertilize half of the eggs with each sperm sample, so that the paternity of each embryo can be known, and you can choose to implant embryos from both dads.
  • Think ahead of your desired family makeup: are you likely to want to go through the process again in the future for a sibling? Would you like to maximize the possibility of having twins in the first round?
  • Consider options for establishing parentage: will you be seeking second parent adoption? Are you interested in a pre-birth order?
  • Understand the likely timeline for each scenario, and possible setbacks: the chances that you may need more than one cycle to achieve pregnancy, having to consider changing the egg or sperm donor, or even a carrier, and the possibility of a miscarriage.

Once you researched and considered these and other issues, you may be ready to decide: what professional help will you require in your process? Will you try to keep outside help to the minimum (the Independent Track)? Will you employ a full service agency – or maybe just a lawyer? Will you first choose a clinic?

See more at menhavingbabies.org

in Surrogacy / Videos  by Anthony Brown 0 comments

Estate Planning for Same Sex Couples: 3 Key Issues to Consider

In the last few years, the law in the US has shifted in hugely significant ways for same sex couples and as a result, estate planning for same sex couples is at the forefront of people’s minds more than ever.

Whether the partners are married, in a domestic partnership or are together without legal recognition, there is a myriad of considerations to take into account with regards to division of the estate in the case of one partner’s death. Up to 80% of people are estimated to die without leaving a will, meaning that the division of anything they leave behind is determined by the State. Estate Planning for Same Sex Couples is imperative.  Although it may not be something that most people want to think about, in the long term it is essential to have put in place solid and legally sound estate plans to ensure that your loved ones are properly taken care of and that your possessions are divided up in the way that you want them; not at the dictates of a impersonal statute. The following are a few key issues that you and your partner will want to discuss and decide on so that, should the unexpected happen, your energies will be focused in the right place and not dealing with legal battles.

  1. End of Life Health Care Arrangements

When considering estate planning for same sex couples, it is a necessity that one considers the possibility of illness or incapacitation before their death, and the legal implications of such a health event. There are two aspects to a ‘health care directive’- the Power of Attorney for Healthcare, (in which you state the name of the person whom you wish to take responsibility for decisions regarding your healthcare if you cannot) and the Living Will, in which you can state the type of care you do or do not want if you have a terminal illness. Be sure to take into account the financial implications of healthcare and appoint your partner financial power of attorney if appropriate, otherwise blood relatives will be given priority over unmarried partners. See this article for more detailed information on healthcare arrangements.

Estate Planning For Same Sex Couples

  1. Final arrangements

In the worst case scenario, the last thing a bereaved partner would want is to have to make choices about funerals, life celebrations or goodbye ceremonies when they don’t know exactly what their loved one would have wanted. It is generally better to make all arrangements in this regard prior to needing them, and there are several aspects that must be thought of and taken into account. These include:

  • Disposition of remains (traditional funeral, cremation, a several day wake or celebration of life, for example)
  • Any particulars of the event, for example favourite poems or songs
  • Your thoughts on embalming
  • Whether you would like flowers or donations to charity in your memory
  • Whether you need a casket or urn and what aesthetic qualities you would like them to have
  • Whether you would need a headstone, and your thoughts on the physical appearance of it
  • How and when you would like to pay for your arrangements

The ‘final arrangements’ document on which your requests will be recorded witnessed and notarized and it can be of assistance to your partner when it comes to planning goodbyes, especially if there is family involved who may want to take things another way due to cultural or religious affiliations. Some States only allow spouses or immediate families to claim the body and make funeral arrangements, so if you are not married then it is worth making your wishes known to your family and seeking further legal advice, as there have been cases where the wishes of the family overrides those of the non-married partner.

 

  1. When thinking about estate planning for same sex couples it is natural to immediately want to consider the custodian and guardianship arrangements for children that would be enacted upon the death of one of the partners. For non-married same sex couples, this is of the utmost importance. Even if you and your partner went through surrogacy or IVF as life partners, only the legal parent of the child has parental rights and responsibilities unless the non-biological parent has adopted the child. Without proper planning the worst case scenario is a child who ends up in an estranged family member’s care because their mom or dad wasn’t their legal adoptive or biological parent. Time For Families provides information on second parent and step parent adoption and can give you all the information you need to ensure that your family is kept together when they need it the most.

Estate planning for same sex couples is something that many people shy away from- nobody wants to think about the sadness associated with a loved one’s death or the potential complications of the arrangements that follow. However, for peace of mind for the partners in a relationship, their children and their families, taking estate planning for same sex couples seriously is a sensible decision and one that lawyers are becoming increasingly skilled in. For more information on estate planning for same sex couples, contact Anthony M. Brown at Time for Families and speak to a specialist family lawyer to secure your and your family’s future.

in Estate Planning / Parenting / Recently Added  by Anthony Brown 0 comments