New York Almost Joined The 21st Century On Gestational Surrogacy, No Thanks To Gloria Steinem

New York continues to be one of the few surprising gestational surrogacy holdouts, with an outdated law based on outdated notions and outdated technology.

The New York bill in support of regulated compensated gestational surrogacy — the Child-Parent Security Act (CPSA) — had the vocal support of Governor Andrew Cuomo, passed the State Senate, and likely had the votes in the House. But it never made it to the floor before the legislative session ended last week. What the heck happened?!new york surrogacy

Some Background.

New York is one of the few states in the country that legally prevents a woman from carrying a hopeful parent’s or couple’s embryo to birth, and receiving compensation for her nine months of intense effort and … labor. Other jurisdictions that had previously banned the practice have since changed course in the last few years — including New Jersey, Washington State, and D.C. In the meantime, New York continues to be one of the few surprising holdouts, with an outdated law based on outdated notions and outdated technology.

As previously discussed in my column, while gestational surrogacy is a big part of the New York bill, the CPSA includes other key protections for parents hoping to conceive using assisted reproductive technology. For example, it fixes the state’s legal loophole that allows sperm donors who donated to a single parent to seek legal rights to the resulting child! And vice-versa, it closes the loophole that currently allows single parents to seek child support from a donor. So these were improvements all around.

 

New York’s ban stems from the disastrous Baby M case in the 1980s. That case occurred in next door New Jersey, where a woman agreed to be inseminated and carry the resulting child for another couple. This type of arrangement is generally referred to as “traditional,” or “genetic surrogacy.” In the Baby M Case, the genetic surrogate changed her mind about giving up the baby, and fled the state with child. Both New Jersey and New York quickly over-corrected and outlawed all compensated surrogacy. Since then, genetic surrogacy has largely been abandoned across the U.S., while gestational surrogacy — where the surrogate is not genetically related to the child she carries — has flourished. Note that the CPSA only aims to legalize gestational surrogacy, not genetic surrogacy, the type found in the Baby M Case. Last year, New Jersey (ground zero for Baby M) recognized that the times and medical practices have changed, and reversed its position by passing supportive gestational surrogacy legislation.

So Close! 

The momentum for the bill was building, and supporters believed that the CPSA had a good shot at becoming law this year. So, what pulled the brakes? I spoke with Denise Seidelman, a prominent New York adoption and surrogacy attorney, and part of a coalition in support of the CPSA. Seidelman shared her experience advocating for the bill. “It was one the most profoundly inspiring, and also intensely disappointing experiences. Emotions were running high on both sides of the issue.”

Seidelman explained her view on some of the factors that led to this not being the CPSA’s year. For one, she noted that the author of the original New York surrogacy ban (from 30 years ago), Helene Weinstein, is still a current member of the Assembly, and she is outspoken in her position, perhaps colored by her experiences of a generation ago.

Seidelman felt another factor in this year’s failure was the timing of a letter by Gloria Steinem, famed author and feminist, against the CPSA. Steinem’s letter was disappointing, and really a bit shocking for those familiar with how surrogacy works. Her letter referred to a 1998 NY Task Force report that came out against surrogacy, with no mention of a more recent and more relevant 2017 NY Task Force report in support of gestational surrogacy, with measured regulation. Unfortunately, Steinem spoke not from firsthand knowledge of the recent experiences of women who choose to be gestational carriers for others, but from a perspective that has long since gone by the wayside.

The letter described how the bill would risk the well-being of the marginalized women in the state — those in conditions of poverty. However, as pointed out in the rebuttal letter written by RESOLVE, the national infertility association, of the women who raise their hands to be surrogates, only about 5 percent are determined to be medically qualified, and are able to move forward. And one of the requirements is that they are financially stable. Additionally, the 2017 Task Force report found that the women who are acting as surrogates are not the marginalized of society, but those not reliant on compensation that may be received from acting as a gestational surrogate. Steinem’s letter is an imagination of the Handmaid’s Tale, but ignores the current reality of what surrogacy is, and how it works.

AboveTheLaw.com, June 26, 2019 by Ellen Trachman

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New Va law makes surrogacy easier for singles, same-sex couples

New Va law makes surrogacy easier for singles, same-sex couples.

New Va law makes surrogacy easier for singles, same-sex couples.  Changes to rules about surrogacy in Virginia take effect Monday, as part of a raft of new laws effective July 1.new Va. surrogacy

The changes allow single people or same-sex couples to enter into surrogacy agreements in Virginia. The law previously limited surrogacy agreements to those where the child would end up with a married man and woman as parents.

The change was sparked by a four-year fight by Jay Timmons, a former chief of staff for Gov. George Allen, and his husband, Rick Olson, to get full legal custody of their son, Jacob. A Wisconsin judge, who has since resigned, attempted to take away their parental rights.

The couple had gone through the surrogacy process in Wisconsin due to what appeared to be clearer laws guaranteeing their rights.

“There was literally not one night where we didn’t feel like we would wake up and have somebody knocking on our door to tell us that they were taking our child away,” Olson said.

He called the law “a monumental milestone in a four-year horrific journey.”

Jacob turns 4 this summer. He has two older sisters.

Trump’s Betrayal – The Gay Truth About Trump

Trump’s betrayal of us is his betrayal of all of America.

Trump’s Betrayal – I’ll never buy Donald Trump as gay positive. But I’d bet on gay blasé.

“I think it’s absolutely fine,” he said when asked in a Fox News interview about displays of affection between Pete Buttigieg and his husband, Chasten. “That’s something that perhaps some people will have a problem with. I have no problem with it whatsoever. I think it’s good.”trump's betrayal

He not only picked an openly gay man, Richard Grenell, to be the American ambassador to Germany but also reportedly moons over Grenell’s good looks. “He can’t say two sentences about Grenell without saying how great of a looking guy he is,” an unnamed associate of Trump’s told Axios’s Jonathan Swan. When Trump catches the ambassador on TV, he gushes, “Oh, there’s my beautiful Grenell!”

During the 2016 campaign, he spoke out against a North Carolina law forbidding transgender people to use bathrooms consistent with their gender identity and said that Caitlyn Jenner could use the commode of her choice in Trump Tower.

And then, of course, there was his speech at the Republican National Convention, when he carefully enunciated “L.G.B.T.Q.,” pledged to protect those of us represented by that consonant cluster and, upon hearing applause, added, “I have to say, as a Republican, it is so nice to hear you cheering for what I just said.”

I’m glad he enjoyed it. We L.G.B.T.Q. Americans aren’t enjoying him. Far from protecting us, he and his administration have stranded us, packing federal courts with judges hostile to gay rights, barring transgender Americans from military service and giving a green light to Americans who, citing religious beliefs, don’t want to give us medical care or bake us a cake. When several United States embassies — including the one in Berlin, over which Grenell presides — requested permission to fly the rainbow flag this month in honor of Gay Pride, the State Department said no.

It’s an ugly story, and it pretty much sums up Trump’s approach to governing. His treatment of gay people perfectly reveals the flabbiness of his convictions and his willingness to stand at odds with a majority of Americans if it pleases the smaller number who adore him. He’ll suffer our anger for their ardor. Decency and principle don’t enter into it.

And he is at odds with most of the country, very much so. Take the Trump administration out of the equation and the march toward gay equality continues apace. As gay and transgender Americans prepare to celebrate the 50th anniversary of the Stonewall uprisingon June 28, we inhabit a state of cognitive dissonance, staring at a split screen: insults from the White House on one half of it, positive reinforcement from elsewhere on the other.

Democrats’ embrace of Buttigieg, the first openly gay politician to land in the top tier of presidential candidates, illustrates the trajectory beyond Trump. “As recently as five or 10 years ago, I think, a project like this would have been dismissed out of hand,” Buttigieg told me in a recent interview, referring to his campaign. “It was unsafe for Democrats to support same-sex marriage at the beginning of this same decade that we’re living in now.” President Barack Obama didn’t endorse it until 2012, Hillary Clinton until 2013. A Supreme Court ruling legalized it nationwide in 2015.

NYTimes.com, b y Frank Bruni, June 20, 2019

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Gestational Surrogacy Dead for Now in NYS

State assemblymembers hesitate amid women’s rights concerns about gestational surrogacy in NY 

Efforts to pass gestational surrogacy in the NY State Legislature have withered in the lower chamber and Assembly Speaker Carl Heastie confirmed on June 20 that the bill is dead for now, citing concerns about women’s rights and fears of commercialization.surrogate lawyers, surrogate lawyer, surrogate attorney, legal surrogate, surrogate legal

Heastie, however, indicated that lawmakers and advocates would continue crafting the legislation in the coming months in such a way that would attempt to quell lingering reservations about the issue.

The movement to pass gestational surrogacy, which involves a surrogate carrying a baby who has no biological relation to her, became a key issue in the LGBTQ community’s efforts in Albany during the final months of the session because the current ban on compensated surrogacy in New York disproportionately affects same-sex couples. The measure passed the State Senate, but ran into roadblocks in the lower house, even as Governor Andrew Cuomo aggressively campaigned for the issue and enlisted the help of Bravo TV show host Andy Cohen, who had a baby son through surrogacy.

In the lower chamber, though, out lesbian Democratic Assemblymember Deborah Glick of Manhattan infuriated some in the LGBTQ community and drew cries of betrayal when she expressed hesitation on the measure after previously vowing support for it. She told The New York Times earlier this month that gestation surrogacy is “pregnancy for a fee, and I find that commodification of women troubling.” She also suggested that gestational surrogacy isn’t necessarily an issue for the wider LGBTQ community because many folks are unable to afford the tens of thousands of dollars to have kids that way.

But Democratic Assemblymember Amy Paulin of Westchester County, who led the bill in the lower house, told Gay City News with roughly one week left to go in the session that she was working to garner support for the bill. That effort never came to fruition.

“While there are strong feelings about surrogacy on all sides, I want to make it clear that no single member is in a position to stop this or any bill,” Heastie said on June 20 in a clear effort to spare Glick from being singled out. “Many members, including a large majority of women in our conference, have raised important concerns that must be properly addressed before we can move forward.”

He continued, “We must ensure that the health and welfare of women who enter into these arrangements are protected, and that reproductive surrogacy does not become commercialized. This requires careful thought. While our work for this session is nearly complete, I look forward to continuing this conversation in the coming months with our members and interested parties to develop a solution that works for everyone.”

Deborah Glick Key Hurdle on Gestational Surrogacy

Stonewall Democrats rip lesbian lawmaker Deborah Glick for betraying a pledge

Out lesbian Assembly member Deborah Glick of Manhattan is said to be pushing back against an 11th-hour push to legalize gestational surrogacy in New York, angering the Stonewall Democratic Club of New York City and others in the community just months after she told that club she supported the measure.Deborah Glick

Glick, who did not return multiple phone calls for this story, landed the endorsement of Stonewall in her re-election bid last year after telling the club in a questionnaire that she supported legalizing gestational surrogacy.

But she remained tight-lipped when reached by Gay City News on June 10 about her position on the bill, saying that she would need to call back, though she never did. She did not respond to multiple requests for comment at the time, but two days later told The New York Times — which reaches a broader audience — that gestational surrogacy amounts to “pregnancy for a fee, and I find that commodification of women troubling.”

The bill, which has been increasingly shrouded in controversy over women’s rights issues, now faces gloomy prospects in the lower chamber. Stonewall’s president, Rod Townsend, expressed disappointment over Glick’s apparent about-face and the bill’s loss of momentum after he expected it to pass this year.

“It’s been on our endorsement surveys for years and going back to 2014, no one seeking our endorsement has supported keeping the ban on the books,” Townsend told Gay City News. “To hear that Assemblymember Deborah Glick, a champion and member of our community, has reversed her stated support on the issue is a shock to our members.”

He continued, “Folks want to start their families without having to leave the state and jump through legal hurdles. We know and admire the assemblymember, and we feel betrayed.”

The bill cleared the State Senate under the leadership of out gay State Senator Brad Hoylman of Manhattan, who championed the measure in the upper chamber and issued emotional pleas for the legislation by sharing stories and photos of his own experience having two daughters through gestational surrogacy.

The issue heated up significantly in the final weeks of the legislative session, with Governor Andrew Cuomo intensively campaigning for it with multiple events in both New York City and Albany. The bill’s lead sponsor in the Assembly, Amy Paulin of Westchester, told Gay City News on June 10 that she and her colleagues were seeking to whip enough votes while simultaneously sweetening the pot with extra healthcare and legal protections for the women who would carry the babies.

Some have expressed concern that gestational surrogacy creates a class divide in which wealthier couples take advantage of lower-income women who serve as surrogates. Glick also told The Times that she is not certain that gestational surrogacy is an issue for the broader LGBTQ community, saying, “This is clearly a problem for the well-heeled,” a reference to the tens of thousands of dollars in cost associated with the process.

GayCityNews.com, by Matt Tracy

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Memories of That Night at the Stonewall Inn, From Those Who Were There

Few people are still around who were really at the Stonewall Inn in Greenwich Village on that summer evening 50 years ago, when a raid by the police led to a violent uprising. Just this month, the New York Police Department apologized. Here are recollections of that night from three men who were there.

In February 1969, Martin Boyce moved into the Manhattan apartment where he would live for the next 50 years. At the time, Mr. Boyce, then a 21-year-old history student at Hunter College, was living with his family. Most nights, however, he traded the East Side for the West Village, where the Stonewall Inn resides.

“Christopher Street was our turf,” he said in a recent interview at his home.Stonewall Inn

Mr. Boyce and some of his friends liked to dress in “scare drag,” a looser style of gender-bending that, he recalled, some drag queens derided as “lazy” and “no ambition.”

But the point was “to confuse someone for just a few moments,” he explained. In any case, one of his personal philosophies of scare drag had a practical benefit.

“Never wear heels, because you had to run,” he said.

Evading police harassment was a fact of life for gay people like Mr. Boyce. Many of the unwanted interactions were predicated on a criminal statute allowing for the arrest of anyone not wearing at least three articles of gender-appropriate clothing. (“And socks didn’t count,” Mr. Boyce said.)

While allowing that the officers “generally” followed the rules, he said that “it was all their whim to make our lives miserable.”

According to Mr. Boyce, the routine police stops, regular attempts at entrapment and raids of establishments frequented by gays all contributed to an atmosphere in which being gay meant feeling hunted.

“We all had our lists in our heads of friends who were beaten, maimed, thrown out of their house, informed on by the cops — tragic stories,” he said. “But there was nothing you could do about it.”

The Stonewall Inn, a seedy gay bar on Christopher Street, was different things to different people. Many resented the Mafia’s control of the bar, which manifested in ways ranging from police payoffs to what Mr. Boyce described as a sign-in book at the entrance. (“I can’t tell you how many times Judy Garland was there,” he said wryly. “Not one real name.”)

But Mark Segal, a Philadelphia native who, at 18, arrived in New York City in the spring of 1969, was more than happy to overlook the overpriced and watered-down drinks.

“It was a safe place for us,” he said. “When you walked in the door of Stonewall,” he added, “you could hold hands, you could kiss and, more importantly, you could dance.”

The bar also drew an unusually diverse crowd. “Stonewall was like a Noah’s ark,” Mr. Boyce said. Its patrons exhibited “degrees of loudness,” he explained, “going from drag queens down to professionals.”

To avoid alienating any particular demographic and ensure that the clientele remained mixed, Mr. Boyce said, the bar’s various Mafia front men performed a crude calculus at the door: “Not too many whites, it’ll tip to white; not too many blacks, it’ll tip to black.”

Still, “it wasn’t the only gay bar in the neighborhood,” Jim Fouratt pointed out in a recent interview. Mr. Fouratt turned 28 in the summer of 1969, when he was working for CBS Records, giving the label cool-kid credibility in meetings with bands. He preferred a bar at the nearby Cherry Lane Theater, he said.

“Most of the customers were closeted married men,” he said of the Stonewall. In his 1993 book “Stonewall,” the historian Martin Duberman quoted a description of the bar by Mr. Fouratt that pulled exactly zero punches: “a real dive, an awful, sleazy place set up by the Mob for hustlers.”

anytime.com, by louis Lucero II, June 16, 2019

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Straight Allies – How straight parents can raise kids to be allies, during Pride Month and beyond

In a recent chat at our children’s school plant sale, a fellow parent shared some of the many ways their LGBTQ family loves to celebrate Pride Month each June, from wearing rainbow socks to hosting party nights.  Straight Allies welcome!

Although I write and speak regularly about parenting, sexuality and equality — and try year-round to teach my kids, 8 and 12, about inclusivity — hearing another parent describe Pride Month as “huge” for their family made me consider what more we could be doing as straight allies with my kids each June. Here’s what I learned when I went looking for ways all families can recognize LGBTQ Pride Month.straight allies

Learn and listen

Pride is not just a party. Some LGBTQ families and allies say they approach June not so much as a month of celebration but as a time to honor LGBTQ struggles, both historical and ongoing.

“The leap between being someone who’s kind of interested in the issue and being someone who is an active ally is an enthusiasm to learn,” PFLAG National’s Straight for Equality project says in a free online guide to being a straight ally. “Go online. Ask questions. Do some research. Reach out to other allies who might have grappled with the same challenge.”

The guide suggests studying a glossary of “gay-b-c’s” to get comfortable using the terms associated with the LGBTQ community. Straight allies and other parents sometimes ask how young is too young to teach children about gender diversity, sexual orientation and the many shapes families can take. Well before preschool, kids can grasp these basic concepts — and they’re usually quick to embrace messages that feel accepting, kind and fair. Starting an age-appropriate chat can be as simple as asking, “Did you know some families have two mommies? Or two daddies? Or one parent instead of two?”

“This is the month when your children of all ages will ask you questions about ‘what is LGBTQ?’ and ‘why the rainbows?,’ ” said Eliza Byard, the executive director of GLSEN, a national organization supporting K-12 LGBTQ students. “Be ready with a succinct and supportive answer for whatever level of development your child is at.”

Focus the message on other children’s experiences. Here are some examples: “What if you heard someone at a birthday party tell a boy he can’t have a pink balloon?” “Can you think of ways to make sure kids with two moms or two dads feel included in camp stories?” “Have you ever heard a classmate say ‘that’s so gay’ in a negative way? What could you do if you hear that again?” “Did you ever wonder what it might be like for a non-binary kid to have to choose every day between bathrooms marked ‘girls’ and ‘boys’? How could our community work together to make that easier?”

Greet Pride with a smile

Pride is solemn for some observers, but Andrea Hartsough, a San Francisco criminal defense attorney and lesbian mom of two, encourages families to go for the gusto and do whatever makes Pride Month fun.

WashingtonPost.com, by Bonnie J. Rough, June 14, 20`19

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Ecuador’s Highest Court Approves Same-Sex Marriage

Ecuador’s highest court authorized same-sex marriage Wednesday in a landmark case seeking to expand LGBT rights in the small South American nation.

The decision by Ecuador’s highest Court came after a lengthy legal battle waged by several couples and gay rights advocates.Ecuador's highest court

With the 5-to-4 ruling, Ecuador joins a handful of Latin American nations — Argentina, Brazil, Costa Rica, Colombia and Uruguay — that have legalized same-sex marriage either through judicial rulings, or less frequently, legislative action.

Plaintiff Efraín Soria told The Associated Press that he would immediately begin planning a wedding with his partner, Xavier Benalcázar, whom he met years ago and has been in a civil union since 2012.

Same-sex unions have been legal in Ecuador for a decade but civil partners enjoy fewer rights than married couples when it comes to inheritance and estate laws. In the ruling, the justices instructed congress to pass legislation ensuring equal treatment for all under the country’s marriage law.

The ruling is “a joy for our entire community and Ecuador,” said Soria, who is also president of the Ecuadorian Equality Foundation, an LGBT rights group.

A decision by the Inter-American Court on Human Rights affirming that countries should allow same-sex couples the right to marry paved the way for the case.

NYTimes.com by Associated Press, June 12, 2019

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Sperm Tail-Tracking Technique Could Improve Male Fertility Testing

Sperm tail-tracking technique analyses how sperm tails move and consume energy.

Tracking the movement of a sperm’s tail, or sperm tail-tracking, could improve male fertility testing and lead to more effective treatments, according to a new study. sperm tail tracking

The technique developed by researchers at the University of Birmingham, works by measuring the speed and action of the sperm flagellum, or tail.

By analysing the tail, it is possible to decipher whether the sperm in an ejaculate have the potential to reach and fertilise the egg, they said as they published their findings in the journal Human Reproduction.

Currently, analysing sperm is either done by counting the number of sperm produced or by tracking the head of the cell.

However, “diagnostic methods are crude and there are still no drugs available for treating male infertility,” said researcher Jackson Kirkman Brown MBE.

The new sperm tail-tracking technique uses a combination of rapid, high-throughput digital imaging, mathematics and fluid dynamics to detect and track sperm in samples.

To ensure the method is accessible to other researchers and clinicians, the team have developed a free-to-use software called FAST (flagellar capture and sperm tracking).

This will lead to an improved understanding of male fertility problems, and how to treat them, the researchers said. 

“We have all heard of ‘sperm count’, and indeed the tools available to understand sperm – manual counting with a microscope – have not changed much since the 1950s,” said lead researcher Professor Dave Smith.

TheIndependent.co.uk, by Chelsea Ritschel, June 7, 2019

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House of Lords approves LGBT-inclusive relationships and sex education

The House of Lords has given its backing to new LGBT-inclusive guidance on compulsory relationships and sex education in English schools.

The House of Lords gave approval to new government guidance on relationships and LGBT inclusive sex education late on Wednesday (April 24), a month after the plan passed through the House of Commons by a vote of 538 to 21.LGBT inclusive sex education

The regulations passed through the Lords without a formal division due to overwhelming support, paving the way for the guidance to come into effect in schools for September 2020.

Education minister Lord Agnew of Oulton said: “There is no reason why teaching children about the diverse society that we live in, and the different types of loving and healthy relationships, cannot be done in a way that respects everybody’s views.

“Schools should ensure that the needs of all pupils are appropriately met and that all pupils understand the importance of equality and respect, in particular respect for difference.

“The new guidance is clear on the teaching about LGBT relationships expected in secondary schools and encouraged in primary while retaining the flexibility for head teachers to respond to the needs of their own schools.”

In a moving speech during the debate, gay Liberal Democrat peer Lord Scriven revealed he contemplated suicide as a teenager due to homophobia, and said he hopes the new LGBT-inclusive guidance helps others like him.

He said: “A lot has been spoken about the theory of relationships education, and people coming to terms with who they are and understanding the modern world.

“I was one of those 15 year olds who looked over the edge and contemplated suicide. Stories about the real world are far more important than theory.”

pinknews.co.uk, by Nick Duffy, April 25, 2019

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