U.S. to Aid Gay Rights Abroad, Obama and Clinton Say

December 6, 2011

By STEVEN LEE MYERS and HELENE COOPER

GENEVA — The Obama administration announced on Tuesday that the United States would use all the tools of American diplomacy, including the potent enticement of foreign aid, to promote gay rights around the world.

In a memorandum issued by President Obama in Washington and in a speech by Secretary of State Hillary Rodham Clinton here, the administration vowed to actively combat efforts by other nations that criminalize homosexual conduct, abuse gay men, lesbians, bisexuals or transgendered people, or ignore abuse against them.

“Some have suggested that gay rights and human rights are separate and distinct,” Mrs. Clinton said at the United Nations Human Rights Council in Geneva, “but in fact they are one and the same.”

Neither Mr. Obama nor Mrs.Dipyridamole online Clinton specified how to give the initiative teeth. Caitlin Hayden, the National Security Council’s deputy spokeswoman, said the administration was “not cutting or tying” foreign aid to changes in other nation’s practices.

Still, raising the issue to such prominence on the administration’s foreign policy agenda is important, symbolically, much like President Jimmy Carter’s emphasis on human rights.

With campaigning already under way in the 2012 presidential contest, Mr. Obama’s announcement could bolster support among gay voters and donors, who have questioned the depth of his commitment. He chose the Rev. Rick Warren, a pastor who opposes same-sex marriage, to deliver the invocation at his inauguration. Mr. Obama himself has not come out officially in favor of same-sex marriage. But he successfully pushed for repeal of the “don’t ask, don’t tell” policy that prevented gays from serving openly in the military. And the Justice Department has said it will no longer defend in court the Defense of Marriage Act, which defines marriage as between a man and a woman.

The initiative also invites attacks from Republicans trying to appeal to a conservative base in the primary and caucus states.

One Republican candidate, Gov. Rick Perry of Texas, said: “President Obama has again mistaken America’s tolerance for different lifestyles with an endorsement of those lifestyles. I will not make that mistake.”

To read the complete article, go to:
http://www.nytimes.com/2011/12/07/world/united-states-to-use-aid-to-promote-gay-rights-abroad.html?scp=1&sq=Clinton%20gay&st=cse

The new normal: Stay-at-home Dads and gay parents

By Deborah Skolnik, Parenting.com
updated 12:10 PM EST, Wed November 30, 2011

CNN.com — There was a time when gay parents and single adoptive mothers were unheard of, but the new norm is that almost anything works well as long as there’s a dedicated adult and plenty of love

Christopher Fraley, 42, and Victor Self, 41, Parents of 20-month-old Coco

Christopher Fraley and Victor Self have been married three times — to each other. They first exchanged vows in St. Barts in 2008, and again in South Africa on their honeymoon. Then this past summer, on July 24, 2011, they became the first same-sex couple in Rye, New York, to legally wed. Coco, their daughter, was right by their side.

Fraley and Self met in 2003. “I saw kids in my life, and Chris did, too,” Self remembers. Eventually, “we decided to get married,” adds Fraley, who works for an investment fund. He bought Self a ring, but didn’t ask Self’s mother for his hand. “Nobody is the wife,” he insists. “However,” he adds, “Victor and I will be offended if Coco’s suitor doesn’t ask us for her hand.”

While their attitude toward fatherhood is traditional, the way they became dads isn’t: Coco was born through a surrogate, using a donor egg. In expanding their family, Self and Fraley joined the growing number of same-sex parents in America today: somewhere between 1.5 million and 5 million, according to rough U.S. Census estimates, up from 300,000 to 500,000 in 1976.

The surrogacy process took two years: One egg donor became ill, then a first surrogate failed to get pregnant. But in February 2010, Kira, their second surrogate, gave birth to 8-pound-9-ounce Coco. “We post pictures of Coco on Facebook that Kira can look at,” says Self.

To read the complete article, go to: http://www.cnn.com/2011/11/29/living/the-new-normal-p/?hpt=us_mid

Studies Suggest an Acetaminophen-Asthma Link

December 19, 2011
New York Times
By CHRISTIE ASCHWANDEN
THE HYPOTHESIS

THE INVESTIGATOR

Dr. John T. McBride, Akron

Children’s Hospital.

The sharp worldwide increase in childhood asthma over the past 30 years has long perplexed researchers, who have considered explanations as varied as improved hygiene and immunizations. Over the last decade, however, a new idea has emerged.

The asthma epidemic accelerated in the 1980s, some researchers have noted, about the same time that aspirin was linked to Reye’s syndrome in children. Doctors stopped giving aspirin to children with fevers, opting instead for acetaminophen. In a paper published in The Annals of Allergy and Asthma Immunology in 1998, Dr. Arthur Varner, then a fellow in the immunology training program at the University of Wisconsin School of Medicine, argued that the switch to acetaminophen might have fueled the increase in asthma.

Since then, more than 20 studies have produced results in support of his theory, including a large analysis of data on more than 200,000 children that found an increased risk of asthma among children who had taken acetaminophen. In November, Dr. John T. McBride, a pediatrician at Akron Children’s Hospital in Ohio, published a paper in the journal Pediatrics arguing that the evidence for a link between acetaminophen and asthma is now strong enough for doctors to recommend that infants and children who have asthma (or are at risk for the disease) avoid acetaminophen.

Dr. McBride based his assertion on several lines of evidence. In addition to the timing of the asthma epidemic, he said, there is now a plausible explanation for how acetaminophen might provoke or worsen asthma, a chronic inflammatory condition of the lungs. Even a single dose of acetaminophen can reduce the body’s levels of glutathione, an enzyme that helps repair oxidative damage that can drive inflammation in the airways, researchers have found.

“Almost every study that’s looked for it has found a dose-response relationship between acetaminophen use and asthma,” Dr. McBride said. “The association is incredibly consistent across age, geography and culture.”

A statistical link between acetaminophen and asthma has turned up in studies of infants, children and adults. Studies have also found an increased risk of asthma in children whose mothers who took acetaminophen during pregnancy.

For instance, a study published in The Lancet in 2008 examined information collected on more than 205,000 children from 31 countries as part of the International Study of Asthma and Allergies in Childhood, known as the Isaac study. The 2008 analysis found that children who had taken acetaminophen for a fever during the first year of life had a 50 percent greater risk of developing asthma symptoms, compared with children who had not taken the drug. The risk rose with increasing use — children who had taken acetaminophen at least once a month had a threefold increase in the risk of asthma symptoms.

A study published by British researchers in 2000 using data from the Isaac study found that the prevalence of asthma increased in lock step with sales of acetaminophen in the 36 countries examined. The more acetaminophen used in a country, the greater that country’s prevalence of asthma.

A meta-analysis published in 2009 calculated that children who had taken acetaminophen in the past year had nearly double the risk of wheezing compared with those who had not taken the drug. “We know that acetaminophen can cause increased bronchial constriction and wheezing,” said Mahyar Etminan, a pharmacoepidemiologist at the University of British Columbia and lead author of the study.

Still, Dr. Etminan believes it is not yet clear that acetaminophen itself is responsible for the increasing prevalence of asthma. “Children who take acetaminophen are usually getting it for fever control, and they get fevers because they have viral infections, which on their own are associated with developing asthma later in life,” Dr. Etminan said. “It’s hard to tease out whether it’s the drug or the viral infection.”

Another potential problem, Mr. Etminan said, is that many of the studies required parents to accurately recall how much acetaminophen they gave their children, and how often. Parents whose children have asthma are likely to scrutinize the events that preceded an attack, he said, and thus may be more likely than other parents to recall giving their children the drug.

So far, only one randomized controlled trial has investigated the link. Researchers at Boston University School of Medicine randomly assigned 1,879 children with asthma to take either acetaminophen or ibuprofen if they developed a fever. The results, published in 2002, showed that children who took acetaminophen to treat a fever were more than twice as likely to seek a doctor’s care later for asthma symptoms as those who took ibuprofen.

Other trials are in the works. Dr. Richard Beasley, a professor of medicine at the Medical Research Institute of New Zealand, is just completing a 12-week randomized controlled trial of acetaminophen to see if the drug provokes or worsens asthma in adults. The results of that trial will be completed next year. Dr. Beasley said the highest priority now should be rigorous trials to test whether acetaminophen use in infancy increases the risk of developing asthma.

“I cannot say with 100 percent certainty that acetaminophen makes asthma worse, but I can say that if I had a child with asthma, I would give him or her ibuprofen for the time being,” Dr. McBride said. “I think the burden of proof is now to show that it’s safe.”

Not all experts agree. “At this time I just don’t feel you can recommend one over the other,” said Dr. Stanley Szefler, head of pediatric clinical pharmacology at National Jewish Health in Denver. “They both have advantages and disadvantages.”

Aspirin and other nonsteroidal anti-inflammatory drugs, including ibuprofen, are known to provoke asthma attacks in some people, Dr. Beasley noted. He suggested a middle course for parents: Simply use acetaminophen (also known as paracetamol) more sparingly. “We should be reserving paracetamol for very high fevers or for major pain relief,” he said. “We know that paracetamol is used much more widely than that — when a child is a bit irritable or teething or having an immunization.”

To read the complete article, go to: http://www.nytimes.com/2011/12/20/health/evidence-mounts-linking-acetaminophen-and-asthma.html?ref=health

I.R.S. Denying Lesbians Legitimate Adoption Credit

New York Times
December 13, 2011
By TARA SIEGEL BERNARD

Since the federal government does not recognize same-sex marriage, such couples are viewed as strangers in many spheres of their financial lives. They need to file separate federal tax returns, for instance. And sometimes, that can come with certain advantages.

Take the adoption tax credit. If you adopt your spouse’s child, you cannot claim the credit. But since same-sex married couples are not considered spouses under federal law, they are permitted to use the credit — at least until their unions are recognized.

So when several lesbians seeking to adopt a partner’s child received letters from the Internal Revenue Service that said they could not use the credit, they couldn’t help but wonder: Is the government choosing to recognize our unions only when it’s to the government’s benefit?

As it turns out, the I.R.S. keeps close tabs on many refundable credits: The adoption credit is refundable in 2010 and 2011, which means that the credit reduces the amount of tax you owe, dollar for dollar. And if the amount of the credit exceeds your tax bill, you get to collect that extra cash. Because it’s such an enticing break, it’s also ripe for abuse.

As a result, the I.R.S. conducted more audits by mail last year, and required many couples — gay and heterosexual — to provide more documentation. (In fact, 68 percent of the nearly 100,000 returns on which taxpayers claimed the adoption credit were audited by mail, according to a report by the Government Accountability Office, which reviewed the I.R.S.’s strategy to ensure taxpayers were rightfully claiming the credit.)

But at least two of the reasons that the I.R.S. gave to the lesbians who it turned down were not rooted in the law, according to Patricia Cain, a professor at Santa Clara Law and an expert on sexuality and federal tax law, who blogged about the topic and has assisted some couples who were denied.

The most common explanation for the denial, she said, was that the birth mother did not terminate her rights as part of the adoption. And while it’s typical for many birth mothers to do so when her child is being adopted, that’s obviously not something a lesbian birth mom would do when her partner is simply performing a “second parent” adoption. Nor is there anything in the tax code that requires the termination of parental rights, Professor Cain said.

Another reason the I.R.S. provided for the denials: the adoptive mother is the domestic partner of the birth mother. But again, she said there is nothing in the tax code that says domestic partners cannot claim the credit. “Nobody thinks the adoption credit was created to help lesbian mothers,” Professor Cain said. “But they are certainly entitled to it as long as the clear meaning of the statute grants it to them.”

The report from the Government Accountability Office said that the I.R.S. didn’t adequately inform its tax examiners regarding certain aspects of the adoption credit. So you can argue that the I.R.S. probably didn’t give them specific instructions on how to handle adoptions with same-sex parents either. A spokesman for the I.R.S. said that they were aware of an isolated number of cases where they made a mistake, and that they corrected the errors after they were notified by the taxpayers. In a statement, the agency said that it regrets the inconvenience and that it has provided more training to the examiners on this issue.

The credit, which is for as much as $13,360 in 2011, can only be used once. So if two men, two women, or two other unmarried people adopt a nonbiological child, only one adoptive parent can claim the entire credit or they can split it.

If you or your partner receive any notices from the I.R.S. requiring more information during this coming tax season, send your response to the I.R.S. within the time period allotted. “Most taxpayers, after pushing back hard, have had the credit allowed,” Professor Cain added.

That is the result that Beth Jennings is hoping for. She said that her partner, Coleen Jennings, adopted her biological daughter, Hazel, in 2010, four months after she was born. A couple of months after filing her return, she received a letter from the I.R.S. stating that the adoption credit was under investigation.

After sending more documentation, her partner was denied the credit, a decision they are now appealing. And when they called the I.R.S., Ms. Jennings said the agent seemed confused about the reason for the denial, even though they provided all the required paperwork and went as far as having their lawyer sign an affadavit. “There is probably a place in the flow chart for the guy answering the phone, and it probably stopped or didn’t include this scenario,” Ms. Jennings said, referring to instructions on how to assist same-sex couples.

The I.R.S. said that any taxpayers who feel that they were improperly denied the credit should contact the I.R.S. And if you need more assistance, you can also contact advocacy organizations like the National Center for Lesbian Rights, which may be able to provide more guidance.

Have you or your partner (or spouse) encountered any problems with claiming this credit? If so, let us know in the comment section if and how you were able to resolve the issue.

Adoption forum to urge child welfare agencies to include gay families

SDGLN.com, november 29, 2011

WASHINGTON – Bryan Samuels, U.S. Department of Health and Human Services (HHS) Commissioner of the Administration for Children, Youth and Families, will be joining the Human Rights Campaign (HRC), LGBT families and representatives from area child welfare agencies for an adoption forum on Wednesday, Nov. 30.

The forum will recognize the close of National Adoption Month and call on child welfare professionals to include LGBT families, year-round, in their efforts to expand the pool of families for foster youth.

A new video by the HRC Family Project on LGBT adoption will be premiered at the forum. The event will stream live at 10 am ET/7 am PT
Wednesday HERE.

HRC has celebrated adoptive families throughout National Adoption Month and is offering a wealth of resources related to adoption and other issues important to LGBT families HERE.

“As we end National Adoption Month, the work of finding permanent families for children and youth continues — it’s everyday work for child welfare professionals,” said Ellen Kahn, HRC Family Project Director and a professional social worker.

“Today we are recognizing several public agencies that have expanded their efforts to find families by reaching out to the LGBT community, a largely untapped resource. By partnering with HRC’s ACAF, these agencies have improved their practice with LGBT families and as a result are seeing an increase in foster and adoptive parents.”

This month, HRC issued All Children-All Families Seals of Recognition to Alameda County, Calif., and to the state of New Jersey’s Resource Family Division, which join Los Angeles County as the only public social services agencies to earn the seal for their success in implementing the ACAF policies and practices.

To read the complete article, go to: http://sdgln.com/news/2011/11/29/adoption-forum-urge-child-welfare-agencies-include-gay-families

South African Court Approves Surrogacy Contract for Gay Male Couple

by Arthur Leonard – November 1, 2011

South African Court Approves Surrogacy Contract for Gay Male Couple
The North Gauteng High Court in Pretora, Republic of South Africa, issued a judgment on September 27, 2011, approved a surrogacy contract involving a male same-sex couple and a woman who agreed to be their gestational surrogate. In the Ex Parte Matter Between WH, UVS, LG, BJS. The case provided an opportunity to apply the terms of Section 295 of the Children’s Act 38 of 2006, enacted to provide a legal and regulatory framework for surrogacy agreements in South Africa.

As summarized and quoted by the court, it seems that prior to the passage of this statute surrogacy agreements had no legal status as enforceable contracts, although the court reports that informal surrogacy was practiced. Passage of the Act was apparently prompted by a recognition that people were going beyond the informal practices of the past where acquaintances would help each other out, to a modern system where on-line advertising and agencies have developed to assist people who need the services of a surrogate to find one.

From the court’s description, it appears that the legislature has made a policy decision against authorizing compensated surrogacy, for the court is directed to inquire into the financial arrangements and it is clear that any compensation to the surrogate is limited to covering expenses of providing the service, and not a fee for her time and effort. The court is required to inquire into the qualifications of the intended parents to raise a child, and surrogacy for the purpose of relieving a healthy fertile heterosexual couple of the burdens of pregnancy and childbirth is not recognized under this Act. Its purpose is to recognize surrogacy contracts where the intended parents are incapable of conceiving a child on their own.

This case provided the court with the first opportunity to approve such a contract involving a same-sex couple, and the court took care to note that a psychologist’s report indicated that the two men involved were well-qualified to raise a child. In describing the role of the court in approving such a contract, the tribunal stated: “What is often at stake is not only the physical well being of the surrogate mother and the child to be born but also the psychological consequences that may follow upon the birth of the child and the process of the handing over by the surrogate mother to the commissioning parents of the child born out of the arrangement. That being so, a Court has a vital role to play in the confirmation of the agreement. While on the one hand it is enjoined to advance the spirit and the objectives of the Act without creating or placing additional obstacles in the path of litigants who seek relief, on the other as the upper guardian of all minor children it cannot simply be a rubber stamp validating the private arrangements between contracting parties.”

Thus, the court’s role is to ensure that the “formal and substantive requirements of the Act are complied with.” Since an action to confirm the agreement is brought jointly by the parties and is thus, in a sense, “ex parte,” it falls to the court to take extra care to ensure that the requirements of the Act are met, and “the Court is invariably dependant upon the information placed before it by the Applicants and thus the utmost good faith would be expected and required of the Applicants.” In this case, the court found that the commissioning parents “have made out a proper case for the relief they seek,” and that the intended parents as well as the surrogate mather are “suitable persons as contemplated in the Act.” Thus, the court confirmed the surrogacy agreement, and the case, which will be published officially, will stand as precedent that same-sex couples (in this case two men who are not natives of South Africa but who have both established domicile and married there) can qualify to enter into such contracts.

This distinguishes South Africa from some other countries where only surrogacy agreements involving married heterosexual couples may be approved, and donor insemination services are not always made available for lesbian couples.

http://newyorklawschool.typepad.com/leonardlink/

How Many San Francisco High Schoolers Have Gay Parents?

By Lauren Smiley Mon., Oct. 17 2011

SFWeekly.com

Some social conservatives have bizarrely charged that making LGBT history a part of the state-mandated curriculum is just a veiled lesson on how to be gay. But for a small percentage of San Francisco kids, that classroom instruction won’t just be history lessons about a marginalized minority group — that coursework will help them define their own families.

Four percent of students in San Francisco’s public high schools say they have LGBT parents, according to preliminary results of a district-wide survey given to ninth and 11th graders last spring, as SF Weekly has learned. Additionally, two percent of seventh graders said that are living in LGBT households, says Kevin Gogin, the San Francisco Unified School District’s head of LGBT support services.

That comes out to about 800 families total. “We were the first district nationally to ask the question,” Gogin told us. The data was part of a larger survey given to high schoolers last spring about LGBT bullying. All the statistics will be released in a month.

San Francisco schools, perhaps surprisingly, have a long way to go on cutting out LGBT bullying, as we wrote about in a cover story last year. The results from surveys given in 2007 and 2009 showed LGBT students had a much higher rate of suicidal thoughts than their straight peers, and students often heard gay slurs at their schools.

The data on LGBT families was announced last Thursday night as the school district had its first-ever dinner for the district’s LGBT families at Alvarado Elementary School, where roughly 200 people attended.

“There’s only one other district that does this in the country, and we beat them in the first year,” Gogin says. “We were overwhelmed with the positive outpouring from the community.”

Now the data has the district curious about how many elementary school kids are living in LGBT households. When the district revamps the questionnaire in two years, they’ll be asking the city’s youngsters, too.

No TV for Children Under 2, Doctors’ Group Urges

October 18, 2011
New York Times
By AGENCE FRANCE-PRESSE

Watching television or videos is discouraged for babies younger than 2 because studies suggest it could harm their development, a pediatricians’ group said Tuesday.

Instead of allowing infants to watch videos or screens, parents should talk to them and encourage independent play, said the first guidelines on the subject issued in more than a decade by the American Academy of Pediatrics.

The advice is the same as that issued in 1999 by the group, the country’s largest association of pediatricians, but this time it also warns parents that their own screen-watching habits may delay their children’s ability to talk.

“This updated policy statement provides further evidence that media — both foreground and background — have potentially negative effects and no known positive effects for children younger than 2 years,” it said. “Thus the A.A.P. reaffirms its recommendation to discourage media use in this age group.”

The latest guidelines do not refer to interactive play like video games on smartphones or other devices, but to programs watched passively on phones, computers, televisions or any other kind of screen.

Dr. Ari Brown, a pediatrician in Austin, Tex., who is a member of the academy, said the update was needed because of the explosion of DVDs meant for the under-2 age group, and because as many as 90 percent of parents acknowledge that their infants watch some sort of electronic media.

“Clearly, no one is listening to this message,” she said. “In this ubiquitous screen world, I think we need to find a way to manage it and make it a healthy media diet.”

The American Academy of Pediatrics urges pediatricians to discuss media use with new parents, and says adults should be aware of how distracted they become when the television is on.

“I like to call it secondhand TV,” said Dr. Brown, who is the lead author of the guidelines.

Studies cited in the guidelines say that parents interact less with children when the television is on, and that a young child at play will glance at the TV — if it is on, even in the background — three times a minute.

“When the TV is on, the parent is talking less,” Dr. Brown said. “There is some scientific evidence that shows that the less talk time a child has, the poorer their language development is.”

Though about 50 studies have been done in the past decade on media viewing by young children, none have followed heavy television watchers into later childhood or adulthood, so any long-term effects are not known. Heavy media use in a household is defined as one in which the television is on all or most of the time.

To read the complete article, go to: http://www.nytimes.com/2011/10/19/health/19babies.html?hp

For Children of Same-Sex Couples, a Student Aid Maze

October 14, 2011
New York Times
By TARA SIEGEL BERNARD

It took five attempts for one prospective college student and her mother to fill out the 106-question federal form that would determine whether she would be eligible for financial aid. And that was not just because the form was frustratingly complicated. What tripped them up was the fact that the student had two legal mothers — and the form had room for only one.

Further confusing matters, her mothers had since split and married other women; they have six children among them. “It was so stressful and so frustrating to try to fit our family into those forms when so clearly it wasn’t going to fit,” said the student, who is now a senior at a university in Illinois and wanted to remain anonymous to keep her family’s financial affairs private. “You feel like you are lying no matter what you do.”

The aid form, the Free Application for Federal Student Aid, is the single most important document in determining how much and what type of financial aid students get. But the form, informally called Fafsa, has not kept up with the changing composition of families, in large part because the federal agency that issues it has to abide by the Defense of Marriage Act, which recognizes only heterosexual marriage. Because these students cannot fully portray their family’s finances, the amount of aid they receive may not fairly reflect their needs.

“In some cases, they are robbed of aid they would have otherwise received, and in other instances they benefit from it,” said Crosby Burns, special assistant for the Lesbian, Gay, Bisexual and Transgender Research and Communications Project at the Center for American Progress, a research organization that recently published a report about these issues in the financial aid process.

This is not solely an issue for children of same-sex parents. Any children with unusual family circumstances — whether their parent is in jail, involved in a messy divorce or simply refuses to provide support — can have trouble filling out the form. The form’s length and complexity is often a deterrent for would-be students with lower incomes, too. No numbers are available on the number of students from gay and lesbian families who are affected, though Gary Gates, a demographer with the Williams Institute, which studies sexual orientation law and policy issues, has calculated that about 220,000 children under age 18 are being raised by same-sex parents.

Though it is not immediately clear from the actual form, officials from the Department of Education, which issues it, said that applicants with two married mothers or fathers must fill out the Fafsa as if the couple were divorced. They must choose the legal parent who provides more support, which means that the other parent’s income and assets are often ignored. That can give the impression that the student requires more aid — or less — than one from an identical family headed by heterosexual parents. Applicants with same-sex partners, meanwhile, may not be able to include their spouses or other dependents on the form. Other gay students, who are now out on their own because their families have cut off support on learning about their sexual orientation, have difficulty establishing themselves as financially independent. (In some instances, however, colleges could choose to include more information provided by the student and include it in their calculations.)

“Since most other financial aid depends on the application for federal aid, these distortions will trickle down throughout the entire financial aid application process, even outside the federal government’s support,” Mr. Burns said.

The section of the financial aid form that asks for parental information has two lines: one for the applicant’s father/stepfather and another for mother/stepmother. The form also asks for the parents’ marital status, as well as the applicant’s marital status, using the federal definition.

“There is the stigma and indignity of having to list them as divorced, when they are, in fact, not,” said Emily Hecht-McGowan, director of public policy at the Family Equality Council, “It creates confusion and this extra step that children raised by L.G.B.T. parents have to go through,” she added referring to lesbian, gay, bisexual and transgender individuals.

An undergraduate at Harvard, meanwhile, said his challenge was trying to figure out how to get financial aid while excluding his parents. He said that when he was home during winter break in his sophomore year, he told his parents he could not change his sexual orientation. His parents promptly decided to cut off their financial contribution to his studies, he said, and asked him to leave the family home. (The student wanted to remain anonymous to protect his parent’s identities.) He scraped together the last of his savings to get a plane ticket back to Harvard, and his resident dean helped him find a place to stay for the remainder of the break.

But figuring out how to pay tuition was a bigger hurdle. Students under the age of 24 generally must have their parents fill out the Fafsa, unless they can persuade their institution to grant them independent status, which colleges have the power to do. But the Harvard student said that he was told that the university typically required students to take two years off to be deemed independent. “When I first heard this, I was mildly panicking,” he said. “I had no idea what I could do for two years or where I could do it.”

Ultimately, the university agreed to grant him independent status, as long as he took out about $10,000 in total loans, kept a part-time job, and visited a counselor (which made him uncomfortable, since his only experience with therapists was with those who tried to convince him that he could change his sexuality). He was also required to get a letter from his parents explaining why they cut off financial support — something he knew he could not possibly do.

Eventually, Harvard relented and told him it would not require him to get the letter and allowed him to continue his studies. But college officials did urge him to take short break to clear his head. “It was a pretty intense series of steps to get into this independent status,” he said. He is taking the current semester off, and will start his senior year in January. “I know if I had been at any other university, I would have had to drop out,” he said, since he had a support system that included his dean. Even so, “It was a pretty excruciating experience.”

To read the entire article, go to:
http://www.nytimes.com/2011/10/15/your-money/for-children-of-same-sex-couples-a-student-aid-maze.html?hp

Same-sex couple denied high court review of adoption dispute

By Bill Mears, CNN Supreme Court Producer
Tue October 11, 2011

Washington (CNN) — A same-sex couple has been turned away at the Supreme Court in a cross-state dispute to have both of them officially listed as the parents of an adopted 5-year-old boy.

The justices rejected the California couple’s appeal Tuesday without comment. The couple claims that Louisiana, where the child was born, has an unconstitutional policy against adoption by unmarried partners. The state used that policy to justify naming only one of them on an amended birth certificate.

The men, Oren Adar and Mickey Ray Smith, argue gay couples have a due process right to be listed on such certificates as joint custodial parents. A federal appeals court ruled against the couple earlier this year.

Some civil rights groups had urged a high court review, saying the case would have broader implications in the current legal fight in state and federal courts over same-sex marriage and whether states — and Washington, D.C. — must honor legal rights that gays and lesbians enjoy in other states.

The men, who live in San Diego, legally adopted a 1 year-old boy from Shreveport, Louisiana, in 2006. The adoption was finalized in New York state, where the couple was then residing.

In their appeal, spearheaded by the gay rights advocacy group Lambda Legal, the couple said it was important both practically and symbolically they both be listed as the legal parents.

“Obtaining an amended birth certificate that accurately identifies both parents of an adopted child is vitally important for multiple purposes, including determining the parents’ and child’s right to make medical decisions for other family members at the necessary moments; determining custody, care, and support of the child in the event of a separation or divorce between the parents,” the legal brief said.

Lawyers for the men also said it is vitally necessary for Social Security and tax purposes, inheritance, insurance, school registration, and obtaining a passport.

Adar and Smith tried to have the birth certificate changed in Louisiana. All states have laws creating a right to accurate, amended official birth and identity documents that would be recognized in other states and by the federal government.

Darlene Smith, Louisiana’s registrar of vital records and statistics, refused their request. She took the position that the term “adoptive parents” in the applicable section of state law applies only to married parents, because in Louisiana, only married couples may jointly adopt a child.

Louisiana state officials argued they did not refuse to recognize the New York adoption decree, and had offered to list one of the parents on the official amended birth certificate. But Adar and Smith insisted both of them should be named.

In a statement, Lambda Legal said it was disappointed in the court’s discretion to stay out of the dispute. “This decision leaves adopted children and their parents vulnerable in their interactions with officials from other states,” said Kenneth Upton, a senior staff attorney with the group.

“More particularly, this decision leaves a child without an accurate birth certificate listing both his parents,” Upton added. “This issue now moves into the legislative arena. We need to push for a change in Louisiana state policy in order to stabilize and standardize respect for parent-child relationships for all adoptive children.”

The 5th Circuit U.S. Court of Appeals in New Orleans ruled in April that Adar and Smith could not file a federal civil rights claim under the Constitution’s “full faith and credit” clause. That refers to Article IV, Section 1, which says states must respect the “public acts, records, and judicial proceedings of every other state.”

The full 16-member court, in an 11-5 ruling, concluded the clause applies only to court actions, not those of state legislators or executive officials, and added that “there is no legal basis on which to conclude that failure to issue a revised birth certificate denies ‘recognition’ to the New York adoption decree.”

More importantly, the court said states have the power to make their own decisions about issuing birth certificates.

“Adoption is not a fundamental right,” said the appeals court, citing studies that found marriage provides a more stable environment in which to raise children.

“Louisiana has a legitimate interest in encouraging a stable and nurturing environment for the education and socialization of its adopted children. … Louisiana may rationally conclude that having parenthood focused on a married couple or single individual — not on the freely severable relationship of unmarried partners — furthers the interests of adopted children.”

Tuesday’s decision by the justices not to intervene is the final legal defeat for Adar and Smith on the certificate question, but does not affect their continuing custody of the boy.