Bulgaria Court Recognizes Gay Marriage in Landmark Case

A court in Bulgaria has ruled in favor of a same-sex couple who married in France, in a case that recognized gay marriage for the first time in the conservative country.

Bulgaria gayAustralian citizen Kristina Palma, who married Mariama Dialo of France in 2016, was initially permitted to live, work and travel in Bulgaria and the European Union on the grounds that she married an EU citizen. But Bulgaria later denied her those rights, arguing that same-sex marriage was not legal in the country.

The couple fought a two-year battle that concluded Wednesday, when the court affirmed Palma’s rights as the spouse of an EU citizen.

Their lawyer Denitsa Lyubenova said the ruling could be an important first step toward legalizing same-sex marriage in the country.

 

By Associated Press via VOANews.com, July 25, 2019

U.S. Couple Sues State Dept. Over Policy That Denied Citizenship To Their Baby

An American couple’s daughter, who was born abroad with the help of a surrogate, was denied citizenship. Her parents, two gay men, are suing for discrimination.

This summer, James Derek Mize and his husband, Jonathan Gregg, celebrated their daughter’s first birthday at home in Atlanta with a party that coincided with WorldPride. Dressed in a rainbow outfit, the birthday girl, Simone, did what toddlers are bound to do: Took a fleeting glance at her presents and instead found delight in her favorite “toy,” an outdoor water hose.

denied citizenship

It was a memorable day for the parents. It was also a respite from the looming reality that Simone, who was born abroad with the help of a surrogate, would soon be at risk of being removed from the country that is her home.

“I try not to think about ICE coming to our door and deporting our baby,” Mr. Mize said in an interview last week. “That is a pretty hard thing to think about.”

On Tuesday, the couple filed a discrimination lawsuit against Secretary of State Mike Pompeo over the department’s decision to deny citizenship to Simone, even though both Mr. Mize and Mr. Gregg are American.

Their case, highlighted in a New York Times article in May, has drawn renewed attention to a State Department policy for children born abroad through assisted reproductive technology, which has come under scrutiny in recent months for its effect on same-sex couples. In June, nearly 100 Democratic members of Congress called on Mr. Pompeo to reverse the policy, which they called “cruel” and “deeply disturbing.”

Mr. Mize was born and raised in the United States. Mr. Gregg was born in Britain to an American mother, making him an American citizen as well. The couple, who married in 2015 in the United States, decided to start a family with the help of a close British friend, who offered to be their surrogate. Simone was born in Britain last year, using a donor egg and the sperm of her British-born father.

But when the family returned to their home in the Atlanta area and later applied for Simone’s American passport, she was denied citizenship.

The family was subject to a State Department policy that places an emphasis on biology when considering citizenship at birth. If the source of the sperm and egg do not match her married parents, the case can be treated as “out of wedlock,” which comes with a higher bar to citizenship.

In their case, Mr. Gregg, who moved to the United States to be with his husband, did not meet a five-year residency requirement. His lawyers say that requirement would not have applied if the case had rightfully been treated as in wedlock.

nytimes.com. July 23, 2019 by Sarah Mervoch

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Texas daycare denies child admission over parent’s same-sex relationship

The two mothers were told it was an issue they are ‘mates’ by Parkview Christian Academy, a Texas daycare

A Texas daycare center has denied a child admission after learning her parents were a same-sex couple, one of the child’s mothers alleges.texas gay marriage

Brittany Ready and her wife Stacey applied to enroll their girl Callie into the Parkview Christian Academy in Waco.

However, Ready wrote in a Facebook post on Thursday (18 July) that the academy refused to allow Callie to enroll because her parents are married.

The academy’s enrollment procedure says that if they do not feel the school will be in the interests of the child, the child will be dismissed.

Ready said the couple were informed there was a place available at the academy, and they went to see the academy for themselves.

‘The director was super sweet and welcoming to us and Callie!’ Ready wrote in her post.

However, this did not last. After the couple filed administrative paperwork, they were called into the academy administrator’s office to discuss their application.

gaystarnews.com, July 21, 2019 by Callum Stuart

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U.S. women with less income, education often lack access to infertility care

Although women from all walks of life tend to experience infertility at similar rates, a new U.S. study suggests there are wide disparities in access to treatment.

Researchers examined survey data collected between 2013 and 2016 from 2,052 women, ages 20 to 44, who were representative of more than 45 million women nationwide.PGS, PGD

Overall, 12.5% of the women reported trying to conceive for one year without becoming pregnant, the timeline doctors typically use to define infertility. Just a third of those making less than $25,000 a year sought treatment for infertility, compared with two thirds of those making $100,000 or more, researchers report in Fertility and Sterility.

“People of all races, education levels, incomes, citizenship statuses, health insurances and sites of health care use report similar rates of having infertility,” said Dr. James Dupree, an assistant professor of urology and obstetrics and gynecology at the University of Michigan in Ann Arbor.

“Women with less education, lower incomes, non-citizens and women without health insurance and without access to physician offices did not see their doctors as often for help with infertility,” Dupree said by email. “So, patients and families should know that if they have infertility, they’re not alone, and they should go to see their doctor for help.”

Most healthy couples can conceive within three to six months, although the process can take longer for people who are older or who have fertility compromised by certain medical conditions or lifestyle habits.

Infertility rates in the study ranged from 5.8% among women 20 to 24 years old up to 20.5% among women 40 to 44 years old.

Older women were also more likely to seek help: 67.3% of women 35 to 39 years old with infertility saw a medical provider, as did 61.7% of infertile women 40 to 44 years old. Only 11.7% of women 20 to 24 years old sought treatment for infertility.

Reuter.com, by Lisa Rappaport, July 17, 2019

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Disappointed Gay Dad Asks Supreme Court to Overturn Key New York LGBT Family Law Precedent, Brooke S.B.

Disappointed Gay Dad Asks Supreme Court to Overturn Brooke S.B., aKey New York LGBT Family Law Precedent

In Brooke S.B. v. Elizabeth A.C.C., 61 N.E.3d 488 (2016), the New York Court of Appeals overruled a 25-year-old precedent and held that when there is clear and convincing evidence that a same-sex couple agreed to have a child and raise the child together, where only one of them will be the child’s biological parent, and both of the parties performed parental duties and bonded with the children, the other parent would have the same rights as the biological parent in a later custody dispute.overturn Brooke S.B.

Now a gay biological dad who lost custody of twins to his former same-sex partner by application of the Brooke S.B. precedent asked the U.S. Supreme Court on May 10 to rule that his 14th Amendment Due Process rights have been violated. Frank G. v. Joseph P. & Renee P.F., No. 18–1431 (Filed May 10, 2019); Renee P.F. v. Frank G., 79 N.Y.S.3d 45 (App. Div., 2nd Dep’t, May 30, 2018), leave to appeal denied, 32 N.Y.3d 910 (N.Y.C.A., Dec. 11, 2018).

Frank G. and Joseph P. lived together in a same-sex relationship in New York and made a joint decision to have a child. Joseph P.’s sister, Renee, had previously volunteered to be a surrogate for her gay brother, both donating her eggs and bearing the resulting child or children. Renee became pregnant through assisted reproductive technology using Frank’s sperm. The three entered into a written agreement under which Renee would surrender parental rights but would be involved with the resulting child or children as their aunt.

After the twins were born, both men participated in parenting duties. Joseph sought to adopt the twins under New York’s second-parent adoption rules, and he remembered completing paperwork that Frank was supposed to complete and submit, but that never happened. The men were not sexually exclusive and eventually arguments about Frank’s sexual activities led to Joseph moving out. He continued to have regular contact with the children until Frank suddenly cut off contact after another argument. Frank subsequently moved with the children to Florida in December 2014. Frank did not notify Joseph or Renee of that move. When they found out, Joseph filed a guardianship petition. (Under New York precedents at the time, he did not have standing to file a custody petition.)

As lower court rulings were questioning the old New York precedent, Joseph withdrew his guardianship petition and both he and Renee filed custody petitions. Renee clearly had standing to seek custody as the biological mother who had remained in contact with the children.

Frank moved to dismiss the custody lawsuit, but the trial judge, Orange County Family Court Judge Lori Currier Woods, rejected the motion, holding that both Joseph and Renee had standing to seek custody and ordering temporary visitation rights for Joseph and Renee while the case was proceeding. Frank appealed to the Appellate Division, 2nd Department. While his appeal was pending, the Court of Appeals decided Brooke S.B.. Applying that case, the Appellate Division affirmed the trial court’s standing decision in favor of Joseph and Renee and returned the case to Judge Woods.

After a lengthy trial, which the trial court’s unpublished opinion (reprinted in the Appendix to the cert petition) summarizes in detail, the trial court awarded custody to Joseph, with visitation rights for Frank. Frank appealed again. The Appellate Division affirmed the trial court’s order. Frank unsuccessfully sought review by the New York Court of Appeals.

Frank is represented on the Supreme Court petition by Gene C. Schaerr of the Washington, D.C. firm of Schaerr/Jaffe LLP. Schaerr, a Federalist Society stalwart and a Mormon from Utah, where he graduated from Brigham Young University’s Law School, was prominently involved in the marriage equality battle, representing the state of Utah in defending its ban on same-sex in federal court, and he submitted an amicus brief to the Supreme Court in Obergefell v. Hodges on behalf of conservative legal scholars who argued that allowing same-sex marriage would be harmful to the institution of marriage, presenting social statistics from Europe purporting to show that the adoption of same-sex marriage in some countries caused rates of heterosexual marriage to fall. Social scientists have contended that the downward trend in marriage rates in Europe was well under way long before the countries in question extended legal recognition to same-sex relationships, and causation was not shown. In other words, Schaerr is an anti-LGBT cause lawyer, and the slanting of facts recited in the Petition for Frank as compared to the detailed fact findings summarized in the trial court’s unpublished opinion, which is appended to the cert Petition, is striking.

Family law is primarily a matter of state law, but the U.S. Supreme Court occasionally gets involved in family law disputes that raise constitutional issues. Since early in the 20th century, the Supreme Court has ruled that a legal parent of a child has constitutional rights, derived from the Due Process Clause, relating to custody and childrearing. The Petition argues that the rule adopted by the New York Court of Appeals and the appellate courts of some other states, recognizing parental status for purposes of custody disputes between unmarried same-sex partners, improperly abridges the Due Process rights of the biological parents.

Some state courts have issued decisions similar to Brooke S.B., while others have refused to recognize standing for unmarried same-sex partners to seek custody. There is definitely a split of authority on the issue, but it is not necessarily the kind of split that would induce the Supreme Court to take a case. The Supreme Court is most concerned with variant interpretations of federal statutes or of the U.S. Constitution, but the state court cases addressing the issue of same-sex partner standing have generally not discussed constitutional issues and have reached their conclusions as an interpretation of their state custody statutes. Although it is true that same-sex partner parental rights vary as between different states, this does not necessary create the kind of patchwork as to federal rights upon which the Court would focus.

TheMedium.com, by Art Leonard, July 12, 2019

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A gay Catholic school teacher was fired for his same-sex marriage. Now, he’s suing the archdiocese.

Joshua Payne-Elliott was chaperoning a trip last month when he heard that his husband’s school had been stripped of its Catholic status for refusing to fire him at the demands of the local archdiocese.

Payne-Elliott, who worked at a different Catholic high school in Indianapolis, knew his institution’s president would soon face a similar decision.catholic school

Two days later, on June 23, Cathedral High School fired Payne-Elliott, who had been a world language and social studies teacher for nearly 13 years.

The school’s president “stated that sole reason for Payne-Elliott’s termination was, ‘the Archbishop directed that we [Cathedral] can’t have someone with a public same-sex marriage here and remain Catholic,’” according to a complaint.

Now, Payne-Elliott is suing the Archdiocese of Indianapolis, accusing the Catholic Church of discrimination and interfering with his teaching contract. Payne-Elliott is seeking compensation for lost earnings and benefits, as well as emotional distress, according to a lawsuit filed Wednesday in Marion Superior Court.

In the years since same-sex marriage has become legal, religious schools have grappled with how to handle faculty and staff who enter into unions recognized by the state but condemned by their institutions, with many opting to fire the LGBTQ teachers, leading to litigation and outrage.

“We hope that this case will put a stop to the targeting of LGBTQ employees and their families,” Payne-Elliott said in a news release, the Associated Press reported.

The archdiocese has remained steadfast, telling the Indianapolis Star that it has the right to determine appropriate conduct for teachers.

Two years ago, the archdiocese began requiring all Catholic schools to write into contracts that teachers must uphold church teachings. There are almost 70 Catholic schools, including 11 high schools, in the archdiocese, which enrolled more than 23,000 students during the 2018-2019 academic year, The Washington Post’s Valerie Strauss reported.

Washingtonpost.com, July 12, 2019 by Timothy Bella
 
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Florida Anti-gay policies vex school voucher program

Anti-gay policies haunt local schools eligible for the school voucher, known as Florida Tax Credit Scholarships.  They say on their web sites that they will not admit, or would expel, gay students or children of same-sex couples.

News reports that private schools receiving state-subsidized tuition vouchers have anti-gay policies against gay students has roiled the program, alienating some donors, including in the Tampa area.florida anti-gay voucher

At least a handful of local schools eligible for the vouchers, known as Florida Tax Credit Scholarships, say on their web sites that they will not admit, or would expel, gay students or children of same-sex couples.

Responding to questions from the Times, a few Tampa-area companies that donate to the program said they were concerned about discrimination.

But state officials and officials of the largest non-profit corporation that helps run the program say they aren’t discriminating — they simply provide the money for tuition subsidies to low-income families, who are free to use it where they wish.

In an op-ed in the Orlando Sentinel this week, Doug Tuthill, president of non-profit Step Up for Students, says the program has provided thousands of disadvantaged students education opportunities they couldn’t otherwise afford.

He said the program aids any family that meets the income guidelines, “no matter their race or ethnicity or religion or sexual orientation or gender identity.” Those families can then use the money at any of 1,800 participating private schools that will admit the student.

Tuthill said the corporation has found 38 of those schools that “express disapproval of homosexuality in their codes of conduct.”

He also said in his 11 years as Step Up president, “I’ve never seen evidence of a single LGBTQ+ scholarship student being treated badly by a scholarship school. And I’ve looked.”

The state Constitution prohibits spending state money on religious endeavors including schools, so the program uses corporate income tax credits as a work-around. Corporations who donate to Step Up or a similar organization get a dollar-for-dollar tax credit; Step Up then distributes the money as scholarships, or vouchers.

TampaBayTimes.com, by William March – July 8, 2019

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Indian high court dismisses plea for gay marriage

The Indian High Court in Dehli has turned down a plea urging it recognize equal marriage, or gay marriage, and other LGBT+ rights in India.

The court had been asked to amend the Hindu Marriage Act and other family laws in order to usher in Indian gay marriage and adoption rights, The Statesman reported on Monday (July 8).Dutee Chand

Tajinder Singh, the petitioner, argued “the constitution treats everyone equally without any discrimination. It is the duty of the state to ensure that no one should be discriminated.”

Chief Justice D.N. Patel and Justice C. Harishankar turned down the request, arguing that the court was not in the business of drafting laws.

Singh had also asked that the court form a committee to look into LGBT+ rights.

In its ruling, the court said that while it would not do this, the government is free to form such a body.

“It is incumbent upon the legislature and not the court to recognise the familial relations of LGBTQ community,” the court said, according to Live Law correspondent Karan Tripathi.

Gay sex decriminalised in India

Gay sex was decriminalised by India’s Supreme Court in September 2018.

Under a colonial-era law, men, women or non-binary people who had same-sex relations faced up to life in prison.

PinkNews.co,uk bu Reiss Smith, July 8, 2019

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“This is Quite Gay” – Gay Shame

Social media has become a space where my own family and friends have turned into censors, denigrating me for being gay from thousands of miles away casting gay shame.

On the quiet, promising first morning of June, I received a text message from my brother in Abuja, Nigeria. “Please, refrain from all these shameful acts,” he wrote.  Gay shame.   “Everyone is tired of you. Mummy is crying, Daddy is crying. If you don’t value relationships, we do!”gay shame

My brother had written after I had posted a picture on Facebook that showed me hugging a male friend. A mixture of anger, sadness and fatigue erupted in my body. “Block me if you are tired of my shameful acts,” I replied. “I won’t be the first or last person to be rejected by his family.”

I had the audacity to start a queer publication in Nigeria and was disowned by my country as a gay man, writer and activist. After a vicious homophobic attack in Akwanga, my hometown in central Nigeria, I moved to the United States and sought asylum here in the summer of 2018.

In a certain public rendering I could come across as a brave activist. But I have lived with intense private pain and discomfort after homophobic shaming from people like my own brother.

Social media can be a delightful way to connect with loved ones far away, but for me it has also become a space where my own family and friends have turned into censors, distorting my life, denigrating my being gay from thousands of miles away.

In Nigeria, I lived with the knowledge that my secret life as a gay man would eventually crumble under the weight of parental expectations. I could see clearly how it would pan out: After turning 30, I would have to marry a woman who might know I am gay but would prefer marrying me to being unmarried at a certain age. We would have three children in quick succession, as procreation is a duty I would be expected to fulfill promptly, duty being the bedrock of familial relationships.

My wife and I would suffer dutifully and receive the blessings of our parents. On seeing my wife and me in matching outfits, my father’s expressionless face would break into a rare, full smile. He would present us to his friends and colleagues at parties. My mother would carry around my children and make her friends, whose children were yet to bear them grandchildren, look on in envy.

But I walked out the door. I chose safety and freedom over years of pain and trauma that would come with such societal and parental approval. In Washington, where I live on the little that is left of my savings, the homophobia of my home and family follows me through social media, through emails and text messages.

There are days when I forget I am gay; those days are my happiest. I hang out with friends, not as a gay man hanging out with other gay men, but as friends having a good time. I return to my apartment with beautiful pictures in my phone.

Yet when I am about to post my pictures on social media, I examine them through the searching eyes of my staunchly evangelical Christian parents, through the prying eyes of my childhood friends who still remember me as the boy who would recite chapters of the Bible. I swipe through my pictures. “This is very gay!” “This is super gay!” “This is quite gay!” I judge my own images and delete the pictures. I am my own censor.

A few days after the exchange with my brother, a cousin sent me a message: “Jesus loves you, bro! Come back to him. He is ready to forgive you and take you back as his lovely child.”

I climbed back in bed and rolled myself into a ball as my heart sank into the hollow of my gut. My stomach gave a loud, nervous growl. I longed for death. These messages pull me back to the existential orbit I am always trying to escape. I ask myself, “Is this really worth losing loved ones over? ”  All this gay shame.

I should relish the freedom America offers me, but it feels like I am running in the middle of a busy highway or breathing under water. Hiding in the closet is all I have known.

Some days ago, I was at a pride event for gay Africans in Washington, in a West African basement restaurant. I was chatting with a few Nigerians when a charming photographer raised his camera toward us. They instinctively ducked as if dodging a bullet. “You can never tell where those pictures will end up,” someone said. I nodded in agreement.

NYTimes.com, July 6, 2019 by Richard Akuson

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JP Morgan is expanding fertility benefits to help LGBTQ employees have families

Starting next month, the bank’s employees can tap expanded benefits for fertility treatments and surrogacy services, according to an internal memo. The changes are seen as primarily helping LGBTQ employees who couldn’t access reproductive benefits that were tailored to straight couples.

JP Morgan Chase is expanding benefits to help employees pay for fertility treatments and surrogacy services, according to an internal memo obtained by CNBC.benefits employees

Employees in the U.S. without a medical diagnosis of infertility can now have up to $30,000 of treatments including in vitro fertilization covered, according to the letter, which was sent to workers earlier this week. The New York-based bank also increased reimbursement for costs related to surrogacy, which involves compensating a woman to carry a child to term, to $30,000 from $10,000.

Both moves are seen within J.P. Morgan as primarily helping LGBTQ employees, because before the change, which starts July 1, same-sex couples who weren’t medically diagnosed as infertile had to pay for services out of pocket. (Workers who are deemed infertile are already covered by the bank’s medical plan). The company made the change after an investment bank employee queried an internal LGBTQ council, said spokesman Joe Evangelisti.

“We recognize that there are many pathways to building a family and we’re making it easier to follow them,” the bank said in a letter signed by human resources chief Robin Leopold and general counsel Stacey Friedman.

The move is an important one because Wall Street firms tend to follow each other in expanding benefits amid a constant war for talent. While Morgan Stanley reportedly made it easier for workers in same-sex relationships to tap reproductive benefits starting this year, J.P. Morgan said it believes most of the biggest U.S. financial institutions are lagging in this category.

CNBC.com, June 26, 2019 by Hugh Son

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