Judge In Texas Blocks Plan To Extend Family Leave Benefits To Married Gay Couples

March 27, 2015 by Carlos Santoscoy

A federal judge in Texas has temporarily blocked implementation of a plan to extend family leave benefits to married gay couples.

U.S. District Judge Reed O’Connor granted the preliminary junction sought by Texas Attorney General Ken Paxton (pictured) that stays expansion of the federal definition of “spouse” in the Family Medical Leave Act to include the legal husband or wife of a gay worker.

The change was set to take effect Friday.

Under the law, employers must allow unpaid time off for employees facing certain family emergencies.

Paxton argued that the new regulation would force state agencies to violate Texas’ 2005 voter-approved constitutional amendment defining marriage as a heterosexual union.

“This lawsuit is about defending the sovereignty of our state, and we will continue to protect Texas from the unlawful overreach of the federal government,” Paxton said in filing the lawsuit.

“Texans have clearly defined the institution of marriage in our state, and attempts by the Obama administration to disregard the will of our citizens through the use of new federal rules is unconstitutional and an affront to the foundations of federalism,” he added.

Arkansas, Louisiana and Nebraska joined the lawsuit.

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Bill would require fertility benefits for lesbians

The Baltimore Sun, by Michael Dresser, March 18, 2015

f Fiona M. Jardine had a husband, the expensive fertility treatments she’s now undergoing would be covered by her health plan.

But Jardine, 29, is married to a woman, so she and her wife have to pay out of pocket.

A bill that would grant married lesbian couples the same fertility treatment benefits as husbands and wives is advancing in the Maryland General Assembly. The measure passed unanimously in a House subcommittee Tuesday, and full Senate and House committees are likely to vote this week.

Del. Terri L. Hill, the bill’s House sponsor, said the measure is designed to bring consistency to state law, given Maryland voters’ approval of same-sex marriage in 2012.

“We’re concerned that we correct the law to reflect Maryland’s state on marriage equality,” said Hill, a Democrat who represents Howard and Baltimore counties. “It was about making sure all Marylanders are treated in an equitable fashion.”

Maryland has required state-regulated health insurance plans that offer pregnancy-related benefits to cover the costs of in vitro fertilization since 2000. It is one of a dozen states that require coverage of the procedure, which involves fertilizing the egg outside the woman’s body and implanting the embryo in the uterus.

That law includes a requirement that only the husband’s sperm can be used in any covered in vitro procedure — a provision that excludes lesbians using donated sperm. Hill’s bill, sponsored in the Senate by Montgomery County Democrat Cheryl Kagan, would remove that requirement for same-sex couples.

And if an insurer chooses to provide more extensive fertility coverage to heterosexual couples, same-sex couples would have to be offered the same.

“It’s all about equality. It’s all about updating our laws,” Kagan said.

Jardine, a graduate assistant at the University of Maryland College Park, said she was dismayed to learn that her insurance carrier would not cover the costly form of artificial insemination she needs because of a medical condition. The sticking point was that she and her wife, Jo Arnone, 57, would be using donor sperm instead of a husband’s sperm.

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Kids thrive just as well in non-traditional families, new book says

MyKwartha.com, March 20, 2015 – By Andrea Gordon

Baby Jasmine Chan delivered the ultimate Valentine’s Day gift to her parents this year. It was her first word, clear and deliberate.

“Daddy,” she said, beaming across the dinner table.

Music to her two dads’ ears.

When they met 12 years ago, Paul Chan and Ewan French never imagined they would one day answer to Daddy or Papa.

Chan had recently come out to his family. It was a tough period and his mother was heartbroken. She wanted grandkids. He assumed his own dream of being a father would never come true.

It wasn’t until they married two years ago that the couple started to explore the idea of parenthood. Chan, 33, was confident they could be good, loving parents. French was on the fence.

“I always knew we’d have a strong community around us,” says French, 34, who was born and raised in Scotland.

“But I didn’t want (our child) to face any challenges because of having same-sex parents. Would we be putting her at an unfair advantage because of it?”

According to a new book from University of Cambridge developmental psychologist Susan Golombok, the answer is a resounding “No.”

Golombok, director of the university’s Centre for Family Research, has been studying the impact of evolving family structures on children for almost 40 years.

Modern Families: Parents and Children in New Family Forms, which rounds up research from around the world, concludes that children raised by same-sex parents and solo moms by choice or born as a result of donor conception or surrogacy fare just as well as kids raised by a two-parent, heterosexual married couple.

“The main conclusion is that what matters for children is not so much the structure of the family — the gender or sexual orientation of their parents, the number of parents or whether parents are biologically related to their children,” Golombok said in a phone interview from England.

“What seems to be more important is the quality of the relationships within the family.”

In other words, while the traditional model of mom, dad and biological kids was once considered “the gold standard,” four decades of research doesn’t bear that out.

All other things being equal, children manage just as well — and face the same difficulties — whether they have two dads and no mom, or two moms and no father as they do with two heterosexual parents. There is no evidence they have more psychological problems, difficulty adjusting or atypical gender development, Golombok found.

The fluidity of partnerships and family is also the subject of a soon-to-be-released book by Hollywood actress Maria Bello.

Her memoir, Whatever…Love is Love, follows her 2013 Modern Love column in the Sunday New York Times, which drew accolades. Titled “Coming Out as a Modern Family,” it told the poignant story of how Bello explained to her 12-year-old son that she was in love with her best friend, a woman.

The piece, which made the list of the top 10 Modern Love columns ever written, highlights the resilience and adaptability that kids can demonstrate when they have trusting relationships with parents.

It’s something Chantal Saville has seen in her 6-year-old daughter Nikki, who she’s now raising with the help of her own mom.

After Saville’s marriage broke up two years ago and the couple sold the business they ran outside Peterborough, she wondered how she’d make ends meet.

Her mother, widowed a decade earlier, was still living in the Toronto bungalow Saville grew up in as an only child. The two had always been close.

“Now we are effectively co-parenting Nikki,” says Saville, 42, a writer.

In the early days, mom and grandma occasionally locked horns over discipline when the era of, “because I said so” clashed with modern refrain of, “sweetie, here’s why I need you to do what I ask.”

But they’ve learned that communication is key and that whoever is in charge at a given moment gets the final word.

Organizations like American Academy of Pediatrics and the American Psychological Association have already endorsed findings that the sexual orientation of parents has no bearing on child-rearing abilities or the well-being of kids.

What’s new about Modern Families is it brings together empirical research involving many thousands of families from around the world and explores some of the reasons that more unorthodox families seem to do so well.

Golombok’s career has spanned an evolution in family life, starting in the late 1970s as lesbian moms came out and divorced husbands fought for the right to raise their children, followed by the arrival of the first test-tube baby in 1978.

The book comes amid a huge shift in how society recognizes and accommodates the assortment of families created as a result of assisted reproductive technologies. Modern kids may have a “solo mom” who chose to have a child on her own using donated sperm, or relationships with as many as five parents, including two legal parents, a sperm donor, egg donor and a surrogate.

The careful planning and lengths these parents go to in order to have children may be one reason their kids do well, says Golombok.

It can require years of fertility treatment and facing other barriers like social disapproval. The less motivated give up along the way.

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The Metro Areas With the Largest, and Smallest, Gay Populations

New York Times, March 20, 2015 by David Leonhart and Claire Cain Miller

The Census Bureau asks Americans about subjects as varied as race, religion, annual income and even their source of home heating. But there is one glaring demographic omission: The census does not ask people about their sexual orientation. As a result, there has long been a shroud of uncertainty around the geography of gay and lesbian Americans.

A new analysis of Gallup survey data offers the most detailed estimates yet about where people who identify as gay, lesbian, bisexual or transgender live.

The Gallup analysis finds the largest concentrations in the West — and not just in the expected places like San Francisco and Portland, Ore. Among the nation’s 50 largest metropolitan areas, Denver and Salt Lake City are also in the top 10. How could Salt Lake be there, given its well-known social conservatism? It seems to be a kind of regional capital of gay life, attracting people from other parts of Utah and the Mormon West.

On the other hand, some of the East Coast places with famous gay neighborhoods, including in New York, Miami and Washington, have a smaller percentage of their population who identify as gay — roughly average for a big metropolitan area. The least gay urban areas are in the Midwest and South.

Significant as these differences are, the similarities are just as notable. Gay America, rather than being confined to a few places, spreads across every major region of the country. Nationwide, Gallup says, 3.6 percent of adults consider themselves gay, lesbian, bisexual or transgender. And even the parts of the country outside the 50 biggest metropolitan areas have a gay population (about 3 percent) not so different from some big metropolitan areas. It’s a reflection in part of increasing tolerance and of social connections made possible by the Internet.

Frank Newport, the editor in chief of Gallup, notes that the regional variation in sexual orientation is much smaller than the variation in many other categories. The share of San Francisco’s population that’s gay is only two and a half times larger than the share outside major metro areas. The regional gaps in political attitudes, religion and ethnic makeup are often much wider.

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Surrogacy and the ‘Legal Parent’ in the UK

 

GayStarNews.com – March 10, 2015

Gemma Whitchurch, of family law solicitors, Irwin Mitchell, looks at some if the legal issues around surrogacy for those in the UK.  Surrogacy is when another woman carries and gives birth to a baby for the couple who want to have a child. For many childless couples and same sex partners it can enable them to have a baby when it would otherwise have been impossible.

There are two types of surrogacy: 1. Full surrogacy (also known as host or gestational). This involves the implantation of an embryo created using either: • the eggs and sperm of the intended parents; • a donated egg fertilized with sperm from the intended father; or • an embryo created using donor eggs and sperm. 2 Partial surrogacy (also known straight or traditional). This involves sperm from the intended father and an egg from the surrogate. Here fertilization is usually undertaken by artificial insemination or intrauterine insemination. If you are considering a surrogacy arrangement, it is crucial to take legal advice before you embark on the process.

The law in this area can be quite complex and unless a parental order is made then the child’s legal parents may not be as you intended. It is important to note that commercial surrogacy is illegal in the UK and as such is a criminal offence. Surrogacy agreements cannot be enforced and therefore caution should be given to anything that purports to be a surrogacy contract. Under the law of England and Wales, irrespective of a biological connection, the woman who gives birth to the child is the child’s mother. This means that even if the child was conceived using the egg of another woman, the woman who gives birth will be the child’s legal mother.

The position of the ‘other parent’ is much more complex and varies whether the surrogate mother is married or unmarried, and in the case of the latter, whether the treatment takes place at a licensed clinic. To realign parentage in a surrogacy arrangement, the intended parents must apply for a parental order. The effect of a parental order is to give the commissioning parents the status of legal parents in the ordinary way.

The Human Fertilization and Embryology Act provide that applicants for a parental order must be: a) Husband and wife; b) Civil partners; or c) Two persons who are living as partners in an enduring family type relationship and are not within prohibited degrees of separation of each other. Surprisingly this has not yet been amended to specifically allow for those applicants in a same-sex marriage, although one cannot envisage any problems if they were to apply for a parental order. The only category of person excluded from applying for a parental order is a single parent which is in stark contrast to adoption where there can be a single applicant. However, it is important to note that this does not stop a single parent entering into a surrogacy arrangements, whether in this country or abroad. In such a situation, legal advice should always be obtained. To make a parental order two conditions must be satisfied: a) The child must have been carried by a woman who is not one of the applicants, AND b) The gametes of at least one of the applicants must have been used to create the embryo

The application must be made within six months of the child being born.  However, there has been a case whereby the application was successful despite being made two years after the child’s birth. In such circumstances, every case will be fact specific and in considering any application for a parental order the welfare of the child will always be the court’s paramount consideration.

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5th Grader’s Delightful Review of “And Tango Makes Three”

Via Mombian.com – March 11, 2015

tangoFifth grader Zoe, at her blog Kids’ Animal Station, has written a terrific review of And Tango Makes Three, the lovely picture book about two male penguins who raise a chick together.

Zoe started her blog in 2012, and bills it as, “For kids who love animals by a kid who loves animals.” The face that Tango is about “cute waddling penguins” qualifies it for coverage—but Zoe’s love for the book goes beyond just that. She explains:

This book has a particular soft spot in my heart, considering I know many people who are within the LGBT community, so this book was one of the first times I actually got a chance to learn about it, since you don’t really get to learn about LGBT people and things like that at the age this book is targeted to.

She adds a touch of humor, noting that when it comes to the acronym LGBT, “half the kids in my school think it’s a sandwich.”

Then she calls for more books like Tango:

What everyone can take away from this book is that families come in all sorts of ways, which is a lesson a bunch of the kids at my school don’t seem to know. . . . It would be better if more books like this were around, because I have noticed that the books you read when you are really young greatly impact your later years,

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IVF test improves chances of implantation by pinpointing fertility window

March 10, 2015 – the guardian.com

Thousands of infertile couples could benefit from a new test that tailors the timing of IVF treatment to a woman’s individual cycle for the first time.

The scientists behind the technique believe that IVF frequently fails because the embryo is transferred at the wrong time, missing a crucial fertility window.

The new test assesses the activity of genes of the womb lining to pinpoint a woman’s optimum time for treatment and in pilot studies the personalised approach appeared to significantly boost success rates.

Prof Juan Garcia-Velasco, of the IVI fertility clinic in Madrid, said: “We think that about 15% of cases of implantation failure are simply due to bad timing.” Prof Garcia-Velasco is now leading a clinical trial of the test, involving 2,500 patients in more than ten countries, including Britain.

Geeta Nargund, medical director of Create Fertility whose London clinic is participating, said: “The weakest link in IVF is implantation failure. I believe this is a breakthrough.”

There are more than 60,000 IVF cycles in Britain each year, but just 24% of these treatments lead to live births. Clinics currently check the visual appearance of the womb lining using ultrasound, giving a general indication of health.

“What we have never known is the right window of implantation,” said Nargund. “If you miss that window, no matter how beautiful the embryo, it’s not going to implant.”

For most women there is a two to four day stretch when the lining, or endometrium, sends out crucial chemical signals that allow the embryo to attach. For some women the fertile window is shifted earlier or later in the cycle or is unusually brief, however.

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Gay Couples One Step Closer to Having Their Own Babies After Stem Cell Breakthrough

by Dominic Preston, FrontiersMedia.com, February 25, 2015

A major breakthrough in stem cell research at the University of Cambridge and Israel’s Wiezmann Institute of Science has opened the door to the possibility of same-sex couples being able to have children together in the future.

The researchers used stem cells from embryos and skin cells from adults to create new, viable stem cells, using a technique that has previously been used to create live baby mice. Azim Surani, Wellcome Trust project leader and professor of physiology and reproduction at Cambridge, explained that this represented a significant milestone:

“We have succeeded in the first and most important step of this process, which is to show we can make these very early human stem cells in a dish.”

Perhaps most excitingly, the researchers admitted that it was possible to create stem cells from donors of the same gender, and that egg and sperm cells could also be created in the future. Jacob Hanna, the lead on the Israeli research team, explained that members of the gay community have already reached out to the researchers:

“It has already caused interest from gay groups because of the possibility of making egg and sperm cells from parents of the same sex.”

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Alabama Judge Refuses To Approve Adoption Of Lesbian Couple Who Fought Gay Marriage Ban

ontopmag.com, February 26, 2015

Less than two weeks after a lesbian couple won the right to have their marriage recognized in Alabama, Mobile County’s probate judge has refused to process the couple’s adoption petition.

Cari Searcy and Kimberly McKeand, together over 15 years, exchanged vows in California in 2008.

In 2005, McKeand gave birth to the couple’s son, K.S.

In 2012, Mobile County Probate Judge Don Davis denied Searcy’s request to adopt K.S., citing the state’s law that only married couples may adopt their partner’s children. Davis determined that Searcy was not a “spouse” of McKeand because Alabama does not recognize their out-of-state marriage.

The women challenged the state’s marriage ban and won. U.S. District Judge Callie “Ginny” Granade declared unconstitutional an Alabama law and constitutional amendment limiting marriage to heterosexual couples. Her ruling took effect on Monday, February 9 after the Supreme Court refused to block its implementation.

Davis refused to comply with the ruling until Granade ordered him to begin issuing marriage licenses to gay couples.

According to AL.com, Davis has indicated that he will not process the women’s adoption petition until the Supreme Court rules in a case challenging marriage bans in four states.

A lawyer for the couple called Davis’ decision “disappointing.”

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Thailand bans commercial surrogacy

TheGuardian.com – February 24, 2015

Thailand’s parliament has passed legislation banning commercial surrogacy, putting a halt on foreign couples seeking to have children through Thai surrogate mothers.

The issue of surrogacy was in the spotlight in Australia last year after a Western Australian couple were accused of leaving a twin boy, known as Baby Gammy, with his surrogate mother after they discovered he had Down syndrome.

The legislation passed by Thailand’s national legislative assembly on Thursday closed loopholes in the country’s public health laws that enabled commercial surrogacy to thrive.

The new law bans all foreign and same-sex couples from seeking surrogacy services in the country.

Only married heterosexuals with at least one Thai partner are allowed to use surrogates. There are no fees allowed for the service and the surrogate mothers must be Thai and over 25 years old.

The surrogate mothers are also required to be relatives of either the husband or wife.

The legislation also includes a ban on advertising and promotions, and shuts down surrogate agents and unregistered clinics.

The Baby Gammy case made headlines in August 2014 when Thai surrogate Pattaramon Chanbua alleged West Australian couple Wendy and David Farnell had abandoned Gammy and returned to Western Australia with his healthy twin sister, Pipah.

Farnell, a convicted child sex offender, retained custody of Pipah late last year after an investigation by the WA Department for Child Protection.

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