A Surrogate’s Story

In Schools’ Efforts to End Bullying, Some See Agenda

November 6, 2010
New York Times
By ERIK ECKHOLM

HELENA, Mont. — Alarmed by evidence that gay and lesbian students are common victims of schoolyard bullies, many school districts are bolstering their antiharassment rules with early lessons in tolerance, explaining that some children have “two moms” or will grow up to love members of the same sex.

But such efforts to teach acceptance of homosexuality, which have gained urgency after several well-publicized suicides by gay teenagers, are provoking new culture wars in some communities.

Many educators and rights advocates say that official prohibitions of slurs and taunts are most effective when combined with frank discussions, from kindergarten on, about diverse families and sexuality.

Angry parents and religious critics, while agreeing that schoolyard harassment should be stopped, charge that liberals and gay rights groups are using the antibullying banner to pursue a hidden “homosexual agenda,” implicitly endorsing, for example, same-sex marriage.

Last summer, school officials here in Montana’s capital unveiled new guidelines for teaching about sexuality and tolerance. They proposed teaching first graders that “human beings can love people of the same gender,” and fifth graders that sexual intercourse can involve “vaginal, oral or anal penetration.”

A local pastor, Rick DeMato, carried his shock straight to the pulpit.

“We do not want the minds of our children to be polluted with the things of a carnal-minded society,” Mr. DeMato, 69, told his flock at Liberty Baptist Church.

In tense community hearings, some parents made familiar arguments that innocent youngsters were not ready for explicit language. Other parents and pastors, along with leaders of the Big Sky Tea Party, saw a darker purpose.

“Anyone who reads this document can see that it promotes acceptance of the homosexual lifestyle,” one mother said at a six-hour school board meeting in late September.

Barely heard was the plea of Harlan Reidmohr, 18, who graduated last spring and said he was relentlessly tormented and slammed against lockers after coming out during his freshman year. Through his years in the Helena schools, he said at another school board meeting, sexual orientation was never once discussed in the classroom, and “I believe this led to a lot of the sexual harassment I faced.”

Last month, the federal Department of Education told schools they were obligated, under civil rights laws, to try to prevent harassment, including that based on sexual orientation and gender identity. But the agency did not address the controversy over more explicit classroom materials in grade schools.

Some districts, especially in larger cities, have adopted tolerance lessons with minimal dissent. But in suburban districts in California, Illinois and Minnesota, as well as here in Helena, the programs have unleashed fierce opposition.

“Of course we’re all against bullying,” Mr. DeMato, one of numerous pastors who opposed the plan, said in an interview. “But the Bible says very clearly that homosexuality is wrong, and Christians don’t want the schools to teach subjects that are repulsive to their values.”

The divided Helena school board, after four months of turmoil, recently adopted a revised plan for teaching about health, sex and diversity. Much of the explicit language about sexuality and gay families was removed or replaced with vague phrases, like a call for young children to “understand that family structures differ.” The superintendent who has ardently pushed the new curriculum, Bruce K. Messinger, agreed to let parents remove their children from lessons they find objectionable.

In Alameda, Calif., officials started to introduce new tolerance lessons after teachers noticed grade-schoolers using gay slurs and teasing children with gay or lesbian parents. A group of parents went to court seeking the right to remove their children from lessons that included reading “And Tango Makes Three,” a book in which two male penguins bond and raise a child.

The parents lost the suit, and the school superintendent, Kirsten Vital, said the district was not giving ground. “Everyone in our community needs to feel safe and visible and included,” Ms. Vital said.

Some of the Alameda parents have taken their children out of public schools, while others now hope to unseat members of the school board.

After at least two suicides by gay students last year, a Minnesota school district recently clarified its antibullying rules to explicitly protect gay and lesbian students along with other target groups. But to placate religious conservatives, the district, Anoka-Hennepin County, also stated that teachers must be absolutely neutral on questions of sexual orientation and refrain from endorsing gay parenting.

Rights advocates worry that teachers will avoid any discussion of gay-related topics, missing a chance to fight prejudice.

While nearly all states require schools to have rules against harassment, only 10 require them to explicitly outlaw bullying related to sexual orientation. Rights groups including the Gay, Lesbian and Straight Education Network, based in New York, are promoting a federal “safe schools” act to make this a universal requirement, although passage is not likely any time soon.

Candi Cushman, an educational analyst with Focus on the Family, a Christian group, said that early lessons about sexuality and gay parents reflected a political agenda, including legitimizing same-sex marriage. “We need to protect all children from bullying,” Ms. Cushman said. “But the advocacy groups are promoting homosexual lessons in the name of antibullying.”

Ellen Kahn of the Human Rights Campaign in Washington, which offers a “welcoming schools” curriculum for grade schools, denied such motives.

“When you talk about two moms or two dads, the idea is to validate the families, not to push a debate about gay marriage,” Ms. Kahn said. The program involves what she described as age-appropriate materials on family and sexual diversity and is used in dozens of districts, though it has sometime stirred dissent.

The Illinois Safe Schools Alliance, which runs teacher-training programs and recommends videos and books depicting gay parents in a positive light, has met opposition in several districts, including the Chicago suburb of Oak Park.

Julie Justicz, a 47-year-old lawyer, and her partner live in Oak Park with two sons ages 6 and 11. Ms. Justicz saw the need for early tolerance training, she said, when their older son was upset by pejorative terms about gays in the schoolyard.

Frank classroom discussions about diverse families and hurtful phrases had greatly reduced the problem, she said.

But one of the objecting parents, Tammi Shulz, who describes herself as a traditional Christian, said, “I just don’t think it’s great to talk about homosexuality with 5-year-olds.”

Tess Dufrechou, president of Helena High School’s Gay-Straight Alliance, a club that promotes tolerance, counters that, “By the time kids get to high school, it’s too late.”

Only a handful of students in Helena high schools are openly gay, with others keeping the secret because they fear the reactions of parents and peers, students said.

Michael Gengler, one of the few to have come out, said, “You learn from an early age that it’s not acceptable to be gay,” adding that he was disappointed that the teaching guidelines had been watered down.

But Mr. Messinger, the superintendent, said he still hoped to achieve the original goals without using the explicit language that offended many parents.

“This is not about advocating a lifestyle, but making sure our children understand it and, I hope, accept it,” he said.

New Award for LGBT Children’s and Young Adult Books

Mombian.com – November 4, 2010
Go librarians. The American Library Association (ALA) this week announced it will add an annual award for “English-language works for children and teens of exceptional merit relating to the gay, lesbian, bisexual and transgendered experience.” The Stonewall Children’s and Young Adult Literature Award will become part of the ALA’s Youth Media Awards, which also include the Newbery and Caldecott medals and multicultural awards such as the Coretta Scott King Book Award. It also joins the original Stonewall Book Award (for adult readers) that began way back in 1971.

Since 2008, the ALA has also produced an annual Rainbow Bibliography of children’s and young adult books with LGBT content. (See my interview with the head of the Rainbow Project, Nel Ward.) The Bibliography aims to be a broad but selective guide for librarians, bookstore managers, and readers. It includes books chosen for quality as well as LGBT content, but is not as exclusive as the new award will be.

I probably don’t need to tell any of you how important it is to have stories that reflect our families. Both the Bibliography and the Stonewall award are encouraging signs that not only are there books out there, but there are also ones of sufficient quality to please a whole bunch of librarians. The first award will be made in January.

Florida Won’t Appeal Ruling That Found Gay Adoption Ban Unconstitutional

By Carlos Santoscoy – On Top Magazine
Published: October 13, 2010
The Florida Department of Children and Families (DCF) announced Tuesday evening that it would not appeal a court ruling that found the state’s gay adoption ban unconstitutional, CNN reported.

Last month, a 3-judge appeals court unanimously upheld a lower court’s ruling that found the law to be unconstitutional and to have “no rational basis.”

“We had weighed an appeal to the Florida Supreme Court to achieve an ultimate certainty and finality for all parties,” DCF spokesman Joe Follick told CNN. “But the depth, clarity and unanimity of the DCA opinion – and that of Miami-Dade Judge Cindy Lederman’s original circuit court decision – has made it evident that an appeal would have a less than limited chance of a different outcome.”

Attorney General Bill McCollum has yet to announce whether his department will appeal the ruling.

The decision means that Frank Martin Gill, the plaintiff being represented by the American Civil Liberties Union (ACLU), can legally adopt the two half brothers he and his partner have raised since 2004.

“We are happy to hear that DCF wants to bring this case to an end and allow the Gill family to get on with their lives,” Howard Simon, executive director of the ACLU of Florida, said in a statement.

“What is needed now is a similar statement from Florida Attorney General Bill McCollum that will formally end this case and allow judges to decide – on a case-by-case basis – what is in the best interests of children.”

“Ending this case here will mean that gay people throughout the State of Florida can apply to adopt and will be treated like everyone else,” Simon added. “This means that more children will have the opportunity to have a permanent home with a loving family.”

Florida enacted the ban 17 years ago. It is the only state with an outright ban. Other states have enacted laws that limit gay couples’ access to adoption. Such as Arkansas, which denies unmarried couples – in a state that bans gay marriage – the right to jointly adopt children.

An Intended Parent’s Surrogacy Story

Pioneer of In Vitro Fertilization Wins Nobel Prize

October 4, 2010
New York Times
By NICHOLAS WADE

The Nobel Prize in physiology or medicine has been awarded this year to Robert G. Edwards, an English biologist who, with a physician colleague, Patrick Steptoe, developed the in vitro fertilization procedure for treating human infertility.

Since the birth of the first test tube baby, Louise Brown, on July 25, 1978, some four million babies worldwide have been conceived by mixing eggs and sperm outside the body and returning the embryo to the womb to resume development. The procedure overcomes many previously untreatable causes of infertility.

Dr. Edwards, a physiologist who spent much of his career at Cambridge University in England, spent more than 20 years solving a series of problems in getting eggs and sperm to mature and successfully unite outside the body. His colleague, Dr. Steptoe, was a gynecologist and pioneer of laparoscopic surgery, the method used to extract eggs from the prospective mother.

Dr. Steptoe, who presumably would otherwise have shared the prize, died in 1988. Dr. Edwards, who born in 1925, has now retired as head of research from the Bourn Hall Clinic in Cambridge, which he and Dr. Steptoe founded as the world’s first center for in vitro fertilization.

Though in vitro fertilization is now widely accepted, the birth of the first test tube baby was greeted with intense concern that the moral order was subverted by unnatural intervention in the mysterious process of creating a human being. Dr. Edwards was well aware of the ethical issues raised by his research and took the lead in addressing them.

The objections gradually died away, except on the part of the Roman Catholic Church, as it became clear that the babies born by in vitro fertilization were healthy and that their parents were overjoyed to be able to start a family. Long-term follow-ups have confirmed the essential safety of the technique.

The deliberations of the prize-giving committee at the Karolinksa Institute in Sweden are confidential, and it is unclear why it took so long to acknowledge Dr. Edwards’s achievement. The committee routinely ignores the stipulation in Alfred Nobel’s will that the prize should be awarded for a discovery made the preceding year, because it takes longer than that to evaluate most scientific claims, but delays of 30 years or more are unusual. The Lasker Foundation in New York, whose jurors often anticipate the Nobel Prize committee, awarded Dr. Edwards its prize in 2001.

Dr. Edwards’s research proved too controversial for the Medical Research Council, a government financng agency that is the British equivalent of the National Institutes of Health. In 1971 the council rejected an application from Dr. Edwards and Dr. Steptoe to work on in vitro fertilization, but they were able to continue with private funds.

“In retrospect, it is amazing that Edwards not only was able to respond to the continued criticism of in vitro fertilization, but that he also remained so persistent and unperturbed in fulfilling his scientific vision,” Christer Höög, a member of the Nobel Prize committee, writes on the Nobel Foundation’s Web page.

Court In Spain Annuls Registration Of Twins Born To An American Surrogate

By Andrew Vorzimer ⋅ September 17, 2010 ⋅ A very disconcerting decision out of Valencia, Spain whose ramifications might be broader than originally reported:

The twins were born legally to a surrogate mother in the United States

The judge in First Instance Court 15 in Valencia has decided to annul the entry made in the Consular Civil Registry in Los Angeles, by a Spanish gay male married couple who were registered as the parents of twins. The twins were born legally in the United States by a surrogate mother.

Spanish legislation does not consider the surrogate process as legal, and now the judge has cancelled their registration after being appealed to do by the Prosecutor’s Office. The registration of the twins had previously been accepted by the DGRN, the Directorate General of Registries and Notaries, which considered at the time, in February 2009, that the application met all the formal requirements and did not break any international Spanish public order.

The Spanish Federation of Lesbians, Gays, Transsexuals and Bisexuals, FELGTB, described the Prosecutor’s attitude in presenting an appeal as ‘homophobic’. The judge explained the decision by saying the law in Spain is determined by the person who actually gave birth, and that person should be inscribed as a parent. The magistrate said that the same conclusion would be reached if the couple were men, women or straight, as the law does not distinguish between them. The gay couple say they will now place an appeal against the decision which they said showed that you can no longer say that there is equality in Spain.

While this couple is righteously indignant about the ruling, it does not appear this decision was based upon the couple’s sexual orientation. If the Judge is to be believed, then the outcome would be the same regardless of whether the Intended Parents are heterosexual or homosexual. This ruling appears to be the first since June when Spain joined 7 other European countries that sent written notifications to IVF clinics in India to not entertain surrogacy cases of citizens from their countries.

There are some unanswered questions as well about the impact of this decision, including: 1) Why are the twins not entitled to Spanish citizenship based upon the biological father’s Spanish citizenship; 2) Even if Spain were to recognize the Surrogate as the legal mother, why would they not recognize the biological father as the legal father; 3) Was the Surrogate married and, if so, did that play a role in the decision (which could answer my question #1); and 4) Will the twins be allowed to remain in the country while their parents perfect their immigration status?

This decision is yet another troubling reminder about the perilous nature of surrogacy today for international couples. For anyone considering surrogacy, in addition to performing your due diligence about the underlying legality of the arrangements and the methods by which your parental rights will be finalized, it is critical that you speak to an immigration and family law attorney in your country of residence to assess the impact of any applicable immigration and parentage laws. Unfortunately, given some of the situations that have recently arisen in India and the almost knee-jerk response by many European countries, I’m afraid these issues will remain prevalent for the foreseeable future.

Appeals Court Upholds Ruling Declaring Florida’s Ban on Gay Adoption Unconstitutional

Towleroad.com – September 22, 2010 – In November, 2008, Judge Cindy Lederman ruled that Florida’s ban on gay adoption is unconstitutional. The ruling allowed Frank Martin Gill to move forward with adopting two brothers, ages 4 and 8, who had been in Gill’s foster care since 2004.

In the 53-page 2008 ruling, Lederman wrote: “It is clear that sexual orientation is not a predictor of a person’s ability to parent.”

The state of Florida appealed the ruling, and today a Miami appeals court ruled against the state:

“The 3rd District Court of Appeal issued its decision Wednesday affirming a lower court’s decision that the ban is unconstitutional. Florida is the only state with a law flatly banning gays from adopting children without exception. Gays can be foster parents in Florida. A Miami-Dade County judge ruled the gay adoption ban unconstitutional in 2008, but the state appealed. The case will ultimately go to the state Supreme Court. Martin Gill and his male partner, along with the American Civil Liberties Union, filed the lawsuit in their attempt to adopt two brothers, whom they have cared for as foster children since December 2004.”

This is the case for which discredited “ex-gay” fraud George “rentboy” Rekers was paid $120,000 to serve as an “expert” witness for the state.

Last week, Florida Governor Charlie Crist said he was considering dropping this specific case:

New Law Allows For Unmarried Partners To Adopt

New York 1 – September 21, 2010

Unmarried partners, including gay couples, are now free to jointly adopt a child in New York State.

Governor David Paterson signed a law making the change on Sunday.

The law also puts “married couple” in the adoption statute, in place of what used to read “husband and wife.”

Bill sponsors say that is meant to ensure children get insurance and other benefits from both adults, as well as lifelong support even if couples split up.

Same-sex marriage is not legal in New York, but the state does recognize same-sex marriages from other states.

Study Finds Wider View of ‘Family’

September 15, 2010
New York Times
By SAM ROBERTS

A majority of Americans now say their definition of family includes same-sex couples with children, as well as married gay and lesbian couples.

At the same time, most Americans do not consider unmarried cohabiting couples, either heterosexual or same-sex, to be a family — unless they have children.

The findings — part of a survey conducted this year as well as in 2003 and 2006 by Brian Powell, a sociology professor at Indiana University, Bloomington — are reported in a new book, “Counted Out: Same-Sex Relations and Americans’ Definitions of Family,” to be published on Wednesday by the Russell Sage Foundation. Since the surveys began, the proportion of people who reported having a gay friend or relative rose 10 percentage points, said Professor Powell, the book’s lead author.

“This is not because more people are gay now than in 2003,” he said. “This indicates a more open social environment in which individuals now feel more comfortable discussing and acknowledging sexuality. Ironically with all the antigay initiatives, all of a sudden people were saying the word ‘gay’ out loud. Just the discussion about it made people more comfortable.”

The book concludes that framing the equality of same-sex couples in terms of “the best interests of the child” might prove to be a more successful political argument than others.

“Neither the numbers from our data nor actual votes on initiatives are anywhere near the sufficient magnitude to support the idea that the public is ready to embrace same sex-couples with open arms,” the authors say. But, likening the resistance to laws and mores against interracial marriage, “we envisage a day in the near future when same-sex families also will gain acceptance by a large plurality of the public.”

The latest telephone survey of 830 people conducted this year found that Americans were almost equally divided on same-sex marriage. “I don’t think people are ready to embrace it, but people are ready to accept it,” Professor Powell said of same-sex marriage.

The survey also found a growing acceptance that genetics, rather than parenting, peers or God’s will, was responsible for sexual orientation.

Since 2003, the survey found a decline of 11 percentage points in the number of people who generally define family as a husband and wife with or without children.

Prof. Stephanie Coontz of Evergreen State College in Washington, director of research and public education at the Council on Contemporary Families, a research and advocacy group, said that “Americans seem to be open to seeing same-sex couples with children as families, even while they hesitate to recognize their unions as marriage.”

David Blankenhorn, president of the Institute for American Values, a marriage research and advocacy group, said he was not surprised by the findings. “I like the standard definition of family: two or more persons related by blood, marriage or adoption,” Mr. Blankenhorn said. “Keeps it simple and coherent.”

But, he added: “We live in groups, and we need each other. So it’s always a good thing, isn’t it, when any of us truly loves and is loved by another.”