Connecticut Looks To Ensure Parentage Rights For LGBTQ Couples

Connecticut lawmakers will consider a bill that would extend parental status to non-biological, unmarried and LGBTQ couples for the children under their care.

Proponents told the state judiciary committee that the Connecticut Parentage Act would fill the gaps in the existing state law and ensure equal protection for these LGBTQ parents to have custody, parenting time, and legal and medical decision making. It also ensures that children are connected to their parents’ healthcare.Connecticut lgbtq

Advocates argue that the current law is outdated and unconstitutional.

“Even though I was not legally the child of one of my fathers, even though many treated us with disgust and disdain, I am certain that my life and the moment I was born has brought my fathers deep and abiding joy,” said Malina Simard-Halm, a New Haven resident and member of LGBTQ+ family advocacy organization COLAGE. “And because of my dads, I have grown up in a family that has shown me the meaning of love, that supported me so much that now I am lucky enough to be here advocating so that people don’t have to go through what they did.”

On Monday, state lawmakers on the judiciary committee heard testimony from Simard-Halm and other advocates for the bill, including members of non-traditional families, doctors, lawmakers, lawyers and nonprofit organizations. 

Simard-Halm said her fathers used a surrogate mother to have her and fought through what she described as a “hostile legal system” to raise her.

“Exclusive parentage law sends a message that children like me do not belong,” she said. “When I was growing up, laws like Connecticut’s gave authority to the schoolyard bullying and kindled my own insecurities. At times, it led me to feel ashamed of the people who loved me and fought for me the most,” she said.

Douglas NeJaime, a professor of family and constitutional law at Yale Law School, helped draft the bill and has pushed for its passage since it was introduced in 2019.

“The Connecticut Parentage Act solves the problems in our parentage law,” NeJaime said. “It satisfies constitutional requirements. It reflects the diversity of families in our state. It protects children who are vulnerable under current law. It brings order to an area where there is uncertainty. It updates law that is outdated and it reflects best practices.”

A 2019 version of the bill was reintroduced this year with input and revisions from state courts and agencies.

wshu.org, March 9, 2021 by Alek Lewis

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

Biden’s Consumer Financial Protection Bureau declares anti-LGBTQ credit discrimination illegal

The Consumer Financial Protection Bureau said that sex-based protections include LGBTQ people now that Joe Biden is in office.

The Consumer Financial Protection Bureau (CFPB), under the direction of the Biden administration, has announced it will now include discrimination on the basis of gender identity or sexual discrimination within discrimination outlawed by the Equal Credit Opportunity Act (ECOA).consumer financial protection bureau LGBTQ

The CFPB is implementing President Joe Biden’s executive order from his first day in office, which directed federal agencies to interpret bans on discrimination based on sex to include LGBTQ people, in line with the Supreme Court’s Bostock decision from last year. The ECOA and Regulation B ban discrimination on the basis of sex “in any aspect of a credit transaction.”

CFPB’s Acting Director David Uejio, appointed by Biden, stated, “In issuing this interpretive rule, we’re making it clear that lenders cannot discriminate based on sexual orientation or gender identity. The CFPB will ensure that consumers are protected against such discrimination and provided equal opportunities in credit.”

The issuance of the “interpretative rule” means that the Bureau will interpret existing laws and policies with a common understanding, rather than creating new or circumventing existing laws and policies. It will be the position of the CFPB, responsible for enforcing the ECOA among other federal consumer finance regulations, that anti-LGBTQ discrimination is not legal for anyone under their jurisdiction.

Being rejected for a credit application by a lender or lending service because of your identity will now not be allowed.

“This prohibition also covers discrimination based on actual or perceived nonconformity with traditional sex- or gender-based stereotypes, and discrimination based on an applicant’s social or other associations,” CFPB stated.

LGBTQNation.com, March 10, 2021 by Juwan J. Holmes

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Three dads, a baby and the legal battle to get their names added to a birth certificate

Meet the three dads: Ian Jenkins and his partners, Alan and Jeremy.

They’re a “throuple”: a committed polyamorous relationship involving three people.birth certificate

 
And after a complicated and expensive court battle to all become legal parents, the trio are raising two toddlers in Southern California — and proving how families come in all forms.
 
They’re part of a unique and very modern family that includes three dads, two surrogates and one egg donor. In a new book, “Three Dads and a Baby,” Jenkins chronicles their search for potential egg donors and a surrogate, and a fight to change a medical and legal system geared toward heterosexual couples.
 
The three men have all been together for more than eight years. Jenkins says they fought to get all three of their names listed on the birth certificates to protect their parental rights and the rights of their children. The process was emotionally grueling.
“But we are hopeful that other people benefit from the experience we had,” he told CNN in a recent interview, “and that it’s easier, less expensive and less stressful for them.”
 
As a gay teenager in Virginia, Jenkins says he faced death threats after coming out and couldn’t imagine he’d ever be able to openly love another man.
 
“I was completely isolated. I didn’t know a single gay person when I was in high school,” he says. “I thought I’d never be able to live an authentic life.
 
“It never occurred to me that people could even have two partners.”
He met Alan while they were doing their medical residencies in Boston.
“He was smarter than the other students. It was obvious, even though he wasn’t straining to show off his medical knowledge, like half of them were,” Jenkins says.
 
cnn.com, 3/6/2021 by Faith Karimi
 
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We Expect 300,000 Fewer Births Than Usual This Year

Signs are pointing to a sizable pandemic baby bust in the United States, with implications that will be with us for years to come.

Opinion – The Covid-19 pandemic has thrown the country into an economic recession and an unprecedented restructuring of our work and social lives. Early on, some likened the public health crisis to a blizzard, imagining that people would stay home, cozy up with their romantic partners and make babies.fewer births

These playful visions have given way to a more sobering reality: The pandemic’s serious disruption of people’s lives is likely to cause “missing births” — potentially a lot of them. Add these missing births to the country’s decade-long downward trend in annual births and we can expect consequential changes to our economy and society in the years to come. Unfortunately, there are no easy fixes.

Research we did last year showed that the Covid pandemic would lead to a decline in U.S. births of about 8 percent, as compared with the number of expected births without a pandemic, resulting in 300,000 fewer births this year than would otherwise be expected. This prediction was based largely on the fact that economic factors affect people’s decisions about whether and when to have a baby.

There is a well-documented cycle to the nation’s birthrate: When the labor market is weak, aggregate birthrates decline; when the labor market improves, birthrates improve. At the individual level, there is also a well-documented link between changes in income and births: When income increases, people often expand their families; when people experience job or income loss, they have fewer children.

This effect was evident after the Great Recession. States that experienced higher increases in unemployment experienced larger declines in birthrates; a one percentage point increase in the unemployment rate was associated with a subsequent drop in births of 1 percent. Estimates suggest that U.S. unemployment will have risen by around 5.5 percentage points in the year following the start of the pandemic. From the unemployment effect alone, we might therefore expect a 5.5 percent reduction in births on account of the Covid pandemic.

NYTimes.com, March 7, 2021 by Melissa S. Kearney and Phillip B. Levine

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Major Evangelical Adoption Agency Will Now Serve Gay Parents Nationwide

The decision comes as more cities and states require organizations to accept adoption applications from L.G.B.T.Q., gay, couples or risk losing government contracts.

One of the country’s largest adoption and foster care agencies, Bethany Christian Services, announced on Monday that it would begin providing services to L.G.B.T.Q., gay,  parents nationwide effective immediately, a major inflection point in the fraught battle over many faith-based agencies’ longstanding opposition to working with same-sex couples.adoption gay

Bethany, a Michigan-based evangelical organization, announced the change in an email to about 1,500 staff members that was signed by Chris Palusky, the organization’s president and chief executive. “We will now offer services with the love and compassion of Jesus to the many types of families who exist in our world today,” Mr. Palusky wrote. “We’re taking an ‘all hands on deck’ approach where all are welcome.”

The announcement is a significant departure for the 77-year-old organization, which is the largest Protestant adoption and foster agency in the United States. Bethany facilitated 3,406 foster placements and 1,123 adoptions in 2019, and has offices in 32 states. (The organization also works in refugee placement, and offers other services related to child and family welfare.) Previously, openly gay prospective foster and adoptive parents in most states were referred to other agencies.

The decision comes amid a high-stakes cultural and legal battle that features questions about sexuality, religious freedom, parenthood, family structure and theology.

Adoption is a potent issue in both conservative Christian and gay communities. Faith-based agencies play a substantial role in placing children in new families. Meanwhile, more than 20 percent of same-sex couples with children have an adopted child, compared to 3 percent of straight couples, according to a 2016 report from the Williams Institute at U.C.L.A. School of Law. Gay couples are also significantly likelier to have a foster child.

NYTimes.com, March 1, 2021 by Ruth Graham

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House Passes The Equality Act – Sweeping Gay and Transgender Equality Legislation

The bill, The Equality Act, which was first passed by the Democratic-led House in 2019, faces a steep climb in the Senate.

A divided House on Thursday narrowly passed a sprawling bill, The Equality Act, that would extend civil rights protections to prohibit discrimination on the basis of sexual orientation or gender identity, but the measure faced an uphill battle to enactment, with Republicans almost uniformly opposed.equality act

The legislation, passed 224 to 206, almost entirely along party lines, stands little chance of drawing enough Republican support in the Senate to advance, at least in its current form. It was the second time the Democratic-led House had passed the measure, known as the Equality Act, which seeks to amend the Civil Rights Act of 1964 to add explicit bans on discrimination against lesbian, gay, bisexual and transgender people in both public and private spaces.

“In most states, L.G.B.T.Q. people can be discriminated against because of who they are, or who they love,” said Representative David Cicilline, an openly gay Democrat from Rhode Island and the lead sponsor. “It is past time for that to change.”

In a landmark decision in June, the Supreme Court ruled that the 1964 civil rights law protects gay and transgender people from workplace discrimination, and that the language of the law, which prohibits discrimination on the basis of sex, also applies to discrimination based on sexual orientation and gender identity. The Equality Act builds on that ruling, and would expand the scope of civil rights protections beyond workers to consumers at businesses including restaurants, taxi services, gas stations and shelters.

It would also water down the Religious Freedom Restoration Act, the 1993 law at the heart of the Hobby Lobby Supreme Court case that set a high bar for governments to enact laws that “substantially burden” an individual’s freedom to exercise religious beliefs. Those protections have been cited by, for example, bakers or photographers who object to serving same-sex weddings.

The House first passed the legislation in 2019, but the Republican-controlled Senate at the time refused to take it up. Upon taking office, President Biden encouraged the Democratic-controlled Congress to “swiftly pass” the bill, calling it a “critical step toward ensuring that America lives up to our foundational values of equality.”

But 10 Republicans would need to join Democrats to reach the 60-vote threshold needed to pass legislation under normal Senate procedures, a level of support its proponents are unlikely to muster, unless substantial changes are made.

Senator Susan Collins of Maine, the only Republican in that chamber to co-sponsor the legislation during the last Congress, told The Washington Blade that she would not do so again, citing the lack of certain revisions she had requested. Senator Mitt Romney, Republican of Utah, has indicated he would not support the legislation, saying it lacked “strong religious liberty protections.”

In the House, consideration of the measure devolved into bitter acrimony after Representative Marjorie Taylor Greene, the first-term Republican from Georgia who is known for spreading false and bigoted conspiracy theories and has a history of online trolling, attacked the daughter of Representative Marie Newman, Democrat of Illinois.

NYTimes.com, February 25, 2021 by Catie Edmundson

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More Adult Americans Are Identifying as L.G.B.T., Gallup Poll Finds

A survey found that 5.6 percent of adults described themselves as L.G.B.T. in 2020, up from 4.5 percent in 2017.

A Gallup survey released Wednesday has found that more adult Americans are identifying as L.G.B.T., a shift that pollsters see as driven, at least in part, by people in younger generations who are more likely to consider themselves to be something other than heterosexual.L.G.B.T. inclusive sex education

The poll found that 5.6 percent of adults identified as lesbian, gay, bisexual or transgender, rising from 4.5 percent in 2017, the last time Gallup reported an annual update. The poll also found that more than half of L.G.B.T. adults identified as bisexual.

One in six adults in Generation Z, people born between 1997 and 2002, identify as L.G.B.T., the poll found. The growth in Americans who identify as L.G.B.T.Q. is likely to continue to increase, Gallup’s senior editor, Jeffrey Jones, wrote in announcing the results. That is because those in younger generations are more likely than those in older generations to to consider themselves L.G.B.T., he said.

Americans have been more supportive of equal rights for L.G.B.T.Q. people, Mr. Jones said, prompting an increase in people who identify themselves as L.G.B.T.

“I think the findings prove that visibility and acceptance, when combined, will bust out closet doors,” said Sarah Kate Ellis, the president and chief executive of GLAAD, an L.G.B.T.Q. media organization and advocacy group.

The survey was based on more than 15,000 interviews conducted throughout 2020 with Americans in all 50 states and the District of Columbia who were 18 or older. Those surveyed were interviewed by both cellphone and landline. They were asked: “Which of the following do you consider yourself to be? You can select as many as apply: straight or heterosexual; lesbian; gay; bisexual; transgender.”

Gallup said the poll’s margin of error was plus or minus one percentage point for all adults, and plus or minus five percentage points for L.G.B.T. adults.

The identity question in the most recent poll was more detailed than in previous years, Mr. Jones said. Respondents answered their precise sexual orientation instead of answering “yes” or “no” to whether they identified as L.G.B.T.

The Supreme Court has made several landmark rulings in the past decade, adding to a more supportive climate for L.G.B.T.Q. people. In 2013, the court ruled that married same-sex couples were entitled to federal benefits. In 2015, the court ruled that same-sex marriage was a nationwide right. Most recently, it ruled in June that civil rights law protected gay and transgender workers.

NHYTimes.com, by Christina Morales, February 25, 2021

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Cuomo Directs Insurers to Cover Fertility Services for Queer Couples

Governor Andrew Cuomo is directing insurers to begin covering fertility services for queer couples.

Health insurance companies in New York must immediately cover fertility services for queer couples, according to a new statewide mandate announced on February 11.fertility services queer couplesfertility services queer couples

Governor Cuomo is directing the Department of Financial Services to eliminate any extra costs facing same-sex couples seeking fertility treatments such as in vitro fertilization, egg freezing, sperm donations, and more. Queer people are sometimes forced to pay six to 12 months of out-of-pocket costs for fertility treatments before qualifying for coverage, while cisgender, heterosexual couples do not face these same barriers.

The Governor’s office did not immediately respond to a question asking whether the mandate extends to transgender people in heterosexual relationships.

“For too long same sex couples have been denied coverage for immediate infertility benefits, forcing them to pay high — often prohibitive — out-of-pocket costs to start a family,” Cuomo said in a written statement. “No New Yorker should be denied the opportunity to become a parent, nor the joys of raising a child, because of their sexual orientation, and this change reflects what we as New Yorkers know to be true: that love is what makes a family, that inclusivity is our strength and that the law should work for all New Yorkers.”

In a statement, Melissa DeRosa, the Governor’s spokesperson and chair of the Council on Women and Girls, said the move is a step toward removing barriers in reproductive health care.

Gaycitynews.com, February 11, 2021 by Tat Bellamy-Walker

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Couple Forced to Adopt Their Own Children After a Surrogate Pregnancy

Tammy and Jordan Myers will have to adopt their twins after two Michigan judges denied them parental rights because the children had been carried by a surrogate.

The nursery in the home of Jordan and Tammy Myers in Grand Rapids, Mich., is painted in shades of gray, white and midnight blue for the couple’s newborn twins. Their 8-year-old daughter, Corryn, can’t stop talking about how excited she is to finally be a big sister.compensated gestational surrogacy

But before the state of Michigan will recognize the couple as the babies’ legal parents, the Myerses will have to adopt them.

That’s because the babies were not carried by Ms. Myers, and Michigan law does not automatically recognize babies born to surrogates as the legal children of their biological parents. As a result, the birth certificates for the twins, a boy named Eames and a girl named Ellison, list the surrogate and her husband as the parents, not Jordan and Tammy Myers.

Twice, judges have denied their requests to be declared the legal parents of the twins, even though a fertility doctor said in an affidavit that the babies are the couple’s biological children. In separate affidavits, the surrogate and her husband have agreed that the Myerses are the parents of the twins.

The Myerses have started the adoption process, which will entail home visits from a social worker, personal questions about their upbringing and their approach to parenting, and criminal background checks. They said they have already submitted their fingerprints.

Being forced to prove they are fit to adopt their own children is “offensive,” said Mr. Myers, 38.

“We have successfully raised a loving and caring 8-year-old child and that’s not taken into account when you’re going through this process,” he said.

Instead of looking forward to leaving the hospital with the twins, who were born eight weeks premature on Jan. 11, the couple must get reference letters to send to the state. Ms. Myers said they needed “temporary permission” from the surrogate, Lauren Vermilye, to bring the babies home.

NYTimes.com, by Maria Cramer, January 31, 2021

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in Ethics / In the News / Legal / Step Parent Adoption / Surrogacy  by Anthony Brown 0 comments

New surrogacy rules mean single man can live his fatherhood dream in UK

A teacher has become one of the first single fathers by choice in the UK after a change in the law to end the restriction of surrogacy services to couples only.

David Watkins, 42, was the first man to become a solo parent through Surrogacy UK, the country’s biggest not-for-profit surrogacy organisation, since the rules were reformed in 2019.single father surrogacysingle father surrogacy

Mr Watkins, who teaches deaf pupils in Southampton, was tired of waiting to find a man who shared his dream of becoming a father. He is now the proud parent to six-month-old Miles, who was conceived using his sperm and a donor egg. The fertilised egg was carried by Faye Spreadbury, 37, who gave birth to Miles in July.

“I am celebrating what I have…”

thetimes.co.uk, January 31, 2021

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