Our story: A gay couple, torn apart by DOMA

By GLAD.org
04.19.2010 7:00am EDT

Niles and Thiago da Silva met on a Sunday morning in 2002 at the Quincy Center T stop just outside of Boston.

They struck up a conversation, had a lot to talk about, and agreed to get coffee together in Boston. Coffee turned into lunch, lunch turned into a hike, a hike turned into more coffee, which turned into dinner. They were engaged six months later and legally married in Massachusetts in 2004.

“We knew from the beginning that we were soulmates,” says Thiago. “We both found something in the other person that was special and different from any other person we had dated in the past.”

Now, struggling to find a way to stay together before Thiago’s visa expires next year, it is one of the only things in their lives that is still certain.

Originally from New Mexico, Niles moved to Boston ten years ago to take a job in finance. Around the same time, Thiago came to the city from Brazil to learn English. He fell in love with the city and with Niles and decided to build a life here.

The federal government helps keep binational families together by letting U.S. citizens sponsor non-citizen spouses for a marriage-based “green card,” which gives immigrant spouses permanent resident status. Green card holders aren’t U.S. citizens, but can get a Social Security number, can work, and can get a driver’s license.

But Niles can’t sponsor Thiago for a green card any more than he could a stranger walking down the street. Because of DOMA the federal government sees them as strangers—not as a married couple together for nearly a decade. A green card simply isn’t an option for them. To stay together when Thiago’s visa expires next year they may be forced to leave the country.

“If we were an opposite-sex couple Thiago could apply for a green card as my legal spouse—which he is. But in the eyes of the federal government he is no one to me,” says Niles. “It makes me feel like my country doesn’t really care about me.”

DOMA is a costly and dangerous double standard for Niles and Thiago—costly because in leaving the country they will leave behind the stability of Niles’ job. And dangerous because they will also be forced to leave behind the security of the health insurance they both receive through Niles’ employer. Diagnosed with multiple sclerosis (MS) in his early 20s, Thiago needs careful medical supervision and daily care. Twice he has had to spend up to three weeks in the hospital for medical problems related to his MS. Paying for this care is only possible because of Niles’ job and his health insurance.

“We know we will get through this because we love each other and because we have support from our families and friends,” says Niles. “We understand each other and we share our lives and dreams together. But more and more our lives and dreams are at the mercy of DOMA.”

GLAD is currently challenging Section 3 of the federal Defense of Marriage Act in court. They also seek to educate legislators, the media, and the general public about the harm DOMA causes same-sex couples and their families. To that end, GLAD is asking couples, and individuals who have lost a same-sex spouse, to submit stories about their relationships and the negative impact that DOMA has on their lives.

Can Animals be Gay?

March 29, 2010
New York Times
By JON MOOALLEM

The Laysan albatross is a downy seabird with a seven-foot wingspan and a notched, pale yellow beak. Every November, a small colony of albatrosses assembles at a place called Kaena Point, overlooking the Pacific at the foot of a volcanic range, on the northwestern tip of Oahu, Hawaii. Each bird has spent the past six months in solitude, ranging over open water as far north as Alaska, and has come back to the breeding ground to reunite with its mate. Albatrosses can live to be 60 or 70 years old and typically mate with the same bird every year, for life. Their “divorce rate,” as biologists term it, is among the lowest of any bird.

When I visited Kaena Point in November, the first birds were just returning, and they spent a lot of their time gliding and jackknifing in the wind a few feet overhead or plopped like cushions in the sand. There are about 120 breeding albatrosses in the colony, and gradually, each will arrive and feel out the crowd for the one other particular albatross it has been waiting to have sex with again. At any given moment in the days before Thanksgiving, some birds may be just turning up while others sit there killing time. It feels like an airport baggage-claim area.

Once together, pairs will copulate and collaboratively incubate a single egg for 65 days. They take shifts: one bird has to sit at the nest while the other flaps off to fish and eat for weeks at a time. Couples preen each other’s feathers and engage in elaborate mating behaviors and displays. “Like when you’re in a couple,” Marlene Zuk, a biologist who has visited the colony, explained to me. “All those sickening things that couples do that gross out everyone else but the two people in the couple? . . . Birds have the same thing.” I often saw pairs sitting belly to belly, arching their necks and nuzzling together their heads to form a kind of heart shape. Speaking on Oahu a few years ago as first lady, Laura Bush praised Laysan albatross couples for making lifelong commitments to one another. Lindsay C. Young, a biologist who studies the Kaena Point colony, told me: “They were supposed to be icons of monogamy: one male and one female. But I wouldn’t assume that what you’re looking at is a male and a female.”

Young has been researching the albatrosses on Oahu since 2003; the colony was the focus of her doctoral dissertation at the University of Hawaii, Manoa, which she completed last spring. (She now works on conservation projects as a biologist for hire.) In the course of her doctoral work, Young and a colleague discovered, almost incidentally, that a third of the pairs at Kaena Point actually consisted of two female birds, not one male and one female. Laysan albatrosses are one of countless species in which the two sexes look basically identical. It turned out that many of the female-female pairs, at Kaena Point and at a colony that Young’s colleague studied on Kauai, had been together for 4, 8 or even 19 years — as far back as the biologists’ data went, in some cases. The female-female pairs had been incubating eggs together, rearing chicks and just generally passing under everybody’s nose for what you might call “straight” couples.

Young would never use the phrase “straight couples.” And she is adamantly against calling the other birds “lesbians” too. For one thing, the same-sex pairs appear to do everything male-female pairs do except have sex, and Young isn’t really sure, or comfortable judging, whether that technically qualifies them as lesbians or not. But moreover, the whole question is meaningless to her; it has nothing to do with her research. “ ‘Lesbian,’ ” she told me, “is a human term,” and Young — a diligent and cautious scientist, just beginning to make a name in her field — is devoted to using the most aseptic language possible and resisting any tinge of anthropomorphism. “The study is about albatross,” she told me firmly. “The study is not about humans.” Often, she seemed to be mentally peer-reviewing her words before speaking.

A discovery like Young’s can disorient a wildlife biologist in the most thrilling way — if he or she takes it seriously, which has traditionally not been the case. Various forms of same-sex sexual activity have been recorded in more than 450 different species of animals by now, from flamingos to bison to beetles to guppies to warthogs. A female koala might force another female against a tree and mount her, while throwing back her head and releasing what one scientist described as “exhalated belchlike sounds.” Male Amazon River dolphins have been known to penetrate each other in the blowhole. Within most species, homosexual sex has been documented only sporadically, and there appear to be few cases of individual animals who engage in it exclusively. For more than a century, this kind of observation was usually tacked onto scientific papers as a curiosity, if it was reported at all, and not pursued as a legitimate research subject. Biologists tried to explain away what they’d seen, or dismissed it as theoretically meaningless — an isolated glitch in an otherwise elegant Darwinian universe where every facet of an animal’s behavior is geared toward reproducing. One primatologist speculated that the real reason two male orangutans were fellating each other was nutritional.

In recent years though, more biologists have been looking objectively at same-sex sexuality in animals — approaching it as real science. For Young, the existence of so many female-female albatross pairs disproved assumptions that she didn’t even realize she’d been making and, in the process, raised a chain of progressively more complicated questions. One of the prickliest, it seemed, was how a scientist is even supposed to talk about any of this, given how eager the rest of us have been to twist the sex lives of animals into allegories of our own. “This colony is literally the largest proportion of — I don’t know what the correct term is: ‘homosexual animals’? — in the world,” Young told me. “Which I’m sure some people think is a great thing, and others might think is not.”

It was a guarded understatement. Two years ago, Young decided to write a short paper with two colleagues on the female-female albatross pairs. “We were pretty careful in the original article to plainly and simply report what we found,” she said. “It’s definitely a little bit of a tricky subject, and one you want to be gentle on.” But the journal that published the paper, Biology Letters, sent out a press release a few days after the California Supreme Court legalized gay marriage. At 6 the next morning, a Fox News reporter called Young on her cellphone. The resulting story joined others, including one in this paper, and as the news ricocheted around the Internet, a stampede of online commenters alternately celebrated Young’s findings as a clear call for equality or denigrated them as “pure propaganda and selective science at its dumbest” and “an effort to humanize animals or devolve humans to the level of animals or to further an agenda.” Many pointed out that animals also rape or eat their young; was America going to tolerate that too, just because it’s “natural”?

A Denver-based publication for gay parents welcomed any and all new readers from “the extensive lesbian albatross parent community.” The conservative Oklahoma senator Tom Coburn highlighted Young’s paper on his Web site, under the heading “Your Tax Dollars at Work,” even though her study of the female-female pairs was not actually federally financed. Stephen Colbert warned on Comedy Central that “albatresbians” were threatening American family values with their “Sappho-avian agenda.” A gay rights advocate e-mailed Young, asking her to fly a rainbow flag above each female-female nest, to identify them and show solidarity. Even now, the first thing everyone wants to know from Young — sometimes the only thing — is, what do these lesbian albatrosses say about us?

“I don’t answer that question,” she told me.

A FEMALE LAYSAN albatross is physically capable of laying only one egg per year — that’s just how it’s built. Nevertheless, since as early as 1919, biologists have periodically found nests of albatrosses (and similar species of birds) with two eggs inside them, or with a second egg just outside, as if it had rolled out. (This will inevitably happen; there’s simply not enough room in the nest for two eggs and one Laysan albatross.) Scientists have a term for the phenomenon of extra eggs in a nest: a “supernormal clutch.” But in the case of the albatross, they never had a watertight explanation.

In the early 1960s, one ornithologist tried to put the whole cumbersome mystery to rest by asserting that some of those female birds must simply be able to lay multiple eggs. The claim was apparently based on sketchy data, but supernormal clutches were so rare that it was hard to rack up enough observations to disprove the hypothesis. Real progress was finally made in 1968, when Harvey Fisher, a dean of midcentury albatross science, reported on seven years of daily observations made at 3,440 different nests on the Midway atoll in the middle of the Pacific. Fisher concluded that “two eggs in a nest are an indication that two females used the nest, although at different times.” He was describing “egg dumping,” whereby, for example, an inexperienced female accidentally lays her egg in the wrong nest. From then on, egg dumping was a default explanation for supernormal clutches in albatrosses. After all, Fisher had also declared that “promiscuity, polygamy and polyandry are unknown in this species.” Lesbianism apparently never occurred to anyone — even enough to be cursorily dismissed. As Brenda Zaun recently told me, “It never dawned on anyone to sex the birds.”

Zaun, a biologist with the U.S. Fish and Wildlife Service, was studying a Laysan colony on Kauai 40 years after Fisher’s publication. She realized that certain nests there seemed to wind up with two eggs in them year after year; the distribution of the supernormal clutches wasn’t random, as it would presumably be if it were caused exclusively by egg dumping. On a hunch, Zaun pulled feathers from a sample of the breeding pairs associated with two-egg nests and sent them to Lindsay Young, asking her to draw DNA from the feathers and genetically determine the sexes of those birds in her lab. When the results showed that every bird was female, Young figured she’d messed up. So she did it again — and got the same result. Then she genetically sexed every bird at Kaena Point. “Where it wasn’t totally clear, or I worried that maybe I mixed up the sample, I actually went back into the field and took new blood samples to do it again,” Young told me. In the end, she genetically sexed the birds in her lab four times, just to be sure. She found that 39 of the 125 nests at Kaena Point since 2004 belonged to female-female pairs, including more than 20 nests in which she’d never noticed a supernormal clutch. It seemed that certain females were somehow finding opportunities to quickly copulate with males but incubating their eggs — and doing everything else an albatross does while at the colony — with other females.

Young gave a talk about these findings at an international meeting of Pacific-seabird researchers. “There was a lot of murmuring in the room,” she remembers. “Then, afterward, people were coming up to me and saying: ‘We see supernormal clutches all the time. We assumed it was a male and a female.’ And I’d say: ‘Yeah? Well, you might want to look into that.’ ” Recently, journals have asked her to confidentially peer-review new papers about other species, describing similar discoveries. “I can’t say which species,” she explains, “but my guess is, in the next year, we’re going to see a lot more examples of this.”

It may seem surprising that scientists sometimes don’t know the true sexes of the animals they spend their careers studying — that they can be tripped up in some “Tootsie” -like farce for so long. But it’s easy to underestimate the pandemonium that they’re struggling to interpret in the wild. Often, biologists are forced to assign sexes to animals by watching what they do when they mate. When one albatross or boar or cricket rears up and mounts a second, it would seem to be advertising the genders of both. Unless, of course, that’s not the situation at all.

“There is still an overall presumption of heterosexuality,” the biologist Bruce Bagemihl told me. “Individuals, populations or species are considered to be entirely heterosexual until proven otherwise.” While this may sound like a reasonable starting point, Bagemihl calls it a “heterosexist bias” and has shown it to be a significant roadblock to understanding the diversity of what animals actually do. In 1999, Baghemihl published “Biological Exuberance,” a book that pulled together a colossal amount of previous piecemeal research and showed how biologists’ biases had marginalized animal homosexuality for the last 150 years — sometimes innocently enough, sometimes in an eruption of anthropomorphic disgust. Courtship behaviors between two animals of the same sex were persistently described in the literature as “mock” or “pseudo” courtship — or just “practice.” Homosexual sex between ostriches was interpreted by one scientist as “a nuisance” that “goes on and on.” One man, studying Mazarine Blue butterflies in Morocco in 1987, regretted having to report “the lurid details of declining moral standards and of horrific sexual offenses” which are “all too often packed” into national newspapers. And a bighorn-sheep biologist confessed in his memoir, “I still cringe at the memory of seeing old D-ram mount S-ram repeatedly.” To think, he wrote, “of those magnificent beasts as ‘queers’ — Oh, God!”

“What Bagemihl’s book really did,” the Canadian primatologist and evolutionary psychologist Paul Vasey says, “is raise people’s awareness around the fact that this occurs in quote-unquote nature — in animals. And that it can be studied in a serious, scholarly way.” But studying it seriously means resolving a conundrum. At the heart of evolutionary biology, since Darwin, has been the idea that any genetic traits and behaviors that outfit an animal with an advantage — that help the animal make lots of offspring — will remain in a species, while ones that don’t will vanish. In short, evolution gradually optimizes every animal toward a single goal: passing on its genes. The Yale ornithologist Richard Prum told me: “Our field is a lot like economics: we have a core of theory, like free-market theory, where we have the invisible hand of the market creating order — all commodities attain exactly the price they’re worth. Homosexuality is a tough case, because it appears to violate that central tenet, that all of sexual behavior is about reproduction. The question is, why would anyone invest in sexual behavior that isn’t reproductive?” –— much less a behavior that looks to be starkly counterproductive. Moreover, if animals carrying the genes associated with it are less likely to reproduce, how has that behavior managed to stick around?

Given this big umbrella of theory, the very existence of homosexual behavior in animals can feel a little like impenetrable nonsense, something a researcher could spend years banging his or her head against the wall deliberating. The difficulty of that challenge, more than any implicit or explicit homophobia, may be why past biologists skirted the subject.

IN THE LAST DECADE, however, Paul Vasey and others have begun developing new hypotheses based on actual, prolonged observation of different animals, deciphering the ways given homosexual behaviors may have evolved and the evolutionary role they might play within the context of individual species. Different ideas are emerging about how these behaviors could fit within that traditional Darwinian framework, including seeing them as conferring reproductive advantages in roundabout ways. Male dung flies, for example, appear to mount other males to tire them out, knocking them out of competition for available females. Researchers speculate that young male bottlenose dolphins mount one another simply to establish trust and form bonds — but those bonds actually turn out to be critical to reproduction, since when males mature, they work in groups to cooperatively gain access to females.

These ideas generally aim to explain only particular behaviors in a particular species. So far, the only real conclusion this relatively small body of literature seems to point to, collectively, is a kind of deflating, meta-conclusion: a single explanation of homosexual behavior in animals may not be possible, because thinking of “homosexual behavior in animals” as a single scientific subject might not make much sense. “Biologists want to build these unified theories to explain everything they see,” Vasey told me. So do journalists, he added — all people, really. “But none of this lends itself to a linear story. My take on it is that homosexual behavior is not a uniform phenomenon. Having one unifying body of theory that explains why it’s happening in all these different species might be a chimera.”

The point of heterosexual sex, Vasey said, no matter what kind of animal is doing it, is primarily reproduction. But that shouldn’t trick us into thinking that homosexual behavior has some equivalent, organizing purpose — that the two are tidy opposites. “All this homosexual behavior isn’t tied together by that sort of primary function,” Vasey said. Even what the same-sex animals are doing varies tremendously from species to species. But we’re quick to conceive of that great range of activities in the way it most handily tracks to our anthropomorphic point of view: put crassly, all those different animals just seem to be doing gay sex stuff with one another. As the biologist Marlene Zuk explains, we are hard-wired to read all animal behavior as “some version of the way people do things” and animals as “blurred, imperfect copies of humans.”

When I visited Zuk at her lab at the University of California at Riverside last December, an online video clip of an octopus carrying a coconut shell around the seafloor, and periodically hiding under it, was starting to go viral. For a few days, people everywhere were flipping out about how intelligent and wily this octopus was. Not Zuk, though. “Oh, spare me,” she said. To us, Zuk explained, that octopus’s behavior reads as proof that “octopuses are at one with humans” because it just happens to look like something we do — how a toddler plays peekaboo under a blanket, say, or a bandit ducks into an alleyway dumpster to avoid the cops. But the octopus doesn’t know that. Nor is it doing something so uncommon in the animal world. Zuk explained that caddis-fly larvae collect rocks and loom them together into intricate shelters. “But for some reason we don’t think that’s cool,” she said, “because the caddis-fly larvae don’t have big eyes like us.”

Something similar may be happening with what we perceive to be homosexual sex in an array of animal species: we may be grouping together a big grab bag of behaviors based on only a superficial similarity. Within the logic of each species, or group of species, many of these behaviors appear to have their own causes and consequences — their own evolutionary meanings, so to speak. The Stanford biologist Joan Roughgarden told me to think of all these animals as “multitasking” with their private parts.

It’s also possible that some homosexual behaviors don’t provide a conventional evolutionary advantage; but neither do they upend everything we know about biology. For the last 15 years, for example, Paul Vasey has been studying Japanese macaques, a species of two-and-a-half-foot-tall, pink-faced monkey. He has looked almost exclusively at why female macaques mount one another during the mating season. Vasey now says he is on to the answer: “It isn’t functional,” he told me; the behavior has no discernible purpose, adaptationally speaking. Instead, it’s a byproduct of a behavior that does, and the supposedly streamlining force of evolution just never flushed that byproduct from the gene pool. Female macaques regularly mount males too, Vasey explained, probably to focus their attention and reinforce their bond as mates. The females are physically capable of mounting any gender of macaque. They’ve just never developed an instinct to limit themselves to one. “Evolution doesn’t create perfect adaptations,” Vasey said. As Zuk put it, “There’s a lot of slop in the system — which,” she was sure to add, “is not the same as saying homosexuality is a mistake.”

ABOUT TWO DOZEN birds were knocking around when Lindsay Young and I arrived at Kaena Point one afternoon. Young dished about a few of them — “Her mate didn’t show up last year”; “God, this one’s annoying” — as they waddled by. Laysan albatrosses are not nearly as graceful on land as they are in the air; even they seem surprised by the size of their feet. (Later that week, at a nearby resort, I would recognize their gait while watching an out-of-shape snorkeler toddle back to his beach towel in rented flippers.) “I’m just writing down who’s here,” Young said, reading the numbers on the birds’ leg bands and marking them on her clipboard. After trying and failing to get a clear view of one bird’s leg with binoculars, she finally just walked to within a few feet of the animal and leaned over to look.

This is the luxury of studying Laysan albatrosses. Having evolved with no natural predators, the birds have no fight-or-flight instinct — you can basically go right up to one and grab it. In fact, Young did just this a short while later, slinking up to a male on all fours, sweeping it in by its flank and, in one expert motion, straightjacketing the wings under one arm and clamping the beak shut in her other hand. Then, she walked over and handed the thing to me; she needed to take an expensive tracking device off the bird’s ankle. “Sorry, but it’s like watching a thousand-dollar bill fly around,” she said. She took some pliers from her backpack to twist off the anklet and, as I stood bear-hugging the albatross, she added: “They have a nice smell. It’s a little musty.”

Young and Marlene Zuk are now applying for a 10-year National Science Foundation grant to continue studying the female albatross pairs. One of the first questions they want to answer is how these birds are winding up with fertilized eggs. Typically, albatrosses fend off birds who aren’t their mates. So Young has been trying to determine if males who arrive back at the colony before their own partners do are forcing themselves on these females or whether these females are somehow “soliciting” the males for sex. She was staking out Kaena Point on a daily basis, trying to watch these illicit copulations unfold for herself. This was Young’s third year; so far, she’d only managed to see it happen twice.

Young and I ambled around for half an hour, maybe more. Then she pointed and, in a monotone, said, “So, that’s a female-female pair.” We crouched and watched the two birds, numbers 169 and 983. They sat under a spindly, native Hawaiian naio bush. They made baa sounds at each other. After a while, Young and I got up.

Another hour passed. (Usually, Young brings along a camping chair.) Occasionally, albatrosses danced in groups of two or three, raising their necks, groaning like vibrating cellphones, clacking their beaks or stomping. But most of the time, they didn’t do much at all. “I’ve spent a lot of my career watching animals not have sex,” Zuk later told me.

Homosexual activity is often observed in animal populations with a shortage of one sex — in the wild but more frequently at zoos. Some biologists anthropomorphically call this “the prisoner effect.” That’s basically the situation at Kaena Point: there are fewer male albatrosses than females (although not every male albatross has a mate). Because it takes two albatrosses to incubate an egg, switching on and off at the nest, a female that can’t find a male (or maybe, Young says, who can’t find “a good-enough male”) has no chance of producing a chick and passing on her genes. Quickly mating with an otherwise-committed male, then pairing with another single female to incubate the egg, is a way to raise those odds.

Still, pairing off with another female creates its own problems: nearly every female lays an egg in November whether she has managed to get it fertilized or not, and the small, craterlike nests that albatross pairs build in the dirt can accommodate only one egg and one bird. So Young was also trying to figure out how a female-female pair decides which of its two eggs to incubate and which to chuck out of the nest — if the birds are deciding at all, and not just knocking one egg out accidentally. From a strict Darwinian perspective, Young told me, “it doesn’t pay for one bird to incubate the other’s egg unless her partner is going to let her egg be incubated the following year.” But presumably, neither female bird knows whether an egg is hers or the other bird’s, much less whether it’s fertilized or not. A Laysan albatross just knows to sit on whatever’s under it. “They’ll incubate anything — I have a photo of one incubating a volleyball,” Young said.

And these were only preambles to more questions. With the male of an albatross pair replaced by another female, every step of the species’ normal, well-honed process for fledging a chick seemed suddenly to present a fresh dilemma. Ultimately, either the rules of albatrossdom were breaking down and the lesbian couples were booting up some alternate suite of behaviors, governed by its own set of rules, or else science had never thoroughly understood the rules of albatrossdom to begin with. And that’s the whole point, for Young: it’s the complexity and apparent flexibility of the species that fascinates her — the puzzle those female-female pairs create at Kaena Point just by existing. She’s not trying to explain homosexual behavior. She’s trying to explain the albatross. And that’s why the rest of the world’s politicized reaction to her work caught her by surprise.

Many people who contacted Young after the publication of her first albatross paper assumed she was a lesbian. She is not. Young’s husband, a biological consultant, was actually an author of the paper, along with Brenda Zaun (who is also not gay, for what it’s worth). Young found the assumption offensive — not because she was being mistaken for gay, but because she was being mistaken for a bad scientist; these people seemed to presume that her research was compromised by a personal agenda. Still, some of the biologists doing the most incisive work on animal homosexuality are in fact gay. Several people I spoke to told me their own sexual identities either helped spur or maintain their interest in the topic; Bruce Bagemihl argued that gay and lesbian people are “often better equipped to detect heterosexist bias when investigating the subject simply because we encounter it so frequently in our everyday lives.” With a laugh, Paul Vasey told me, “People automatically assume I’m gay.” He is gay, he added, but that fact didn’t seem to detract from his amusement.

IN RETROSPECT, the big, sloshing stew of anthropomorphic analyses that Young’s paper provoked in the culture couldn’t have been less surprising. For whatever reason, we’re prone to seeing animals — especially animals that appear to be gay — as reflections, models and foils of ourselves; we’re extraordinarily, and sometimes irrationally, invested in them.

Only a few months before I visited Kaena Point, two penguins at the San Francisco Zoo became the latest in a tradition of captive same-sex penguin couples making global headlines. After six years together — in which the two birds even fostered a son, named Chuck Norris — the penguins split up when one of the males ran off with a female named Linda. The zoo’s penguin keeper, Anthony Brown, told me he received angry e-mail, accusing him of separating the pair for political reasons. “Penguins make their own decisions here at the San Francisco Zoo,” Brown assured me. And while he stressed that there is no scientific way of determining if animals are “gay,” because the word connotes a sexual orientation, not just a behavior, he also noted that, being the San Francisco Zoo, “there’s definitely a lot of opinion here, internally, that we give in and call the penguins gay.” Another male-male penguin couple who fostered a chick at the Central Park Zoo was subsequently immortalized in 2005 in the illustrated children’s book “And Tango Makes Three.” According to the American Library Association, there have been more requests for libraries to ban “And Tango Makes Three” every year than any other book in the country, three years running.

What animals do — what’s perceived to be “natural” — seems to carry a strange moral potency: it’s out there, irrefutably, as either a validation or a denunciation of our own behavior, depending on how you happen to feel about homosexuality and about nature. During the Victorian era, observations of same-sex behavior in swans and insects were held up as evidence against the morality of homosexuality in humans, since at the dawn of industrialism and Darwinism, people were invested in seeing themselves as more civilized than the “lower animals.” Robert Mugabe and the Nazis have employed the same reasoning, as did the 1970s anti-gay crusader Anita Bryant, who, Bruce Bagemihl notes, claimed in an interview that “even barnyard animals don’t do what homosexuals do” and was unmoved when the interviewer pointed out what actually happens in barnyards. On the other hand, an Australian drag queen known as Dr. Gertrude Glossip has used Bagemihl’s book to create a celebratory, interpretive gay animal tour of the Adelaide zoo, marketed to gay and lesbian tourists. The book has also been cited in a 2003 Supreme Court case that overturned a Texas state ban on sodomy and, similarly, in a legislative debate on the floor of the British Parliament.

James Essex, director of the Lesbian, Gay, Bisexual and Transgender Project at the American Civil Liberties Union, told me he has never incorporated facts about animal behavior into a legal argument about the rights of human beings. It’s totally beside the point, he said; people should not be discriminated against regardless of what animals do. (In her book, “Sexual Selections,” Marlene Zuk writes, “People need to be able to make decisions about their lives without worrying about keeping up with the bonobos.”) That being said, Essex told me, polls show that Americans are more likely to discriminate against gays and lesbians if they think homosexuality is “a choice.” “It shouldn’t be the basis of a moral judgment,” he said. But sometimes it is, and gay animals are compelling evidence that being gay isn’t a choice at all. In fact, Essex remembers reading a brief mention of animal homosexual behavior during an anthropology class in college in the mid-’80s. “And as a closeted guy, it made a difference to me,” he told me. He remembers thinking: “Oh, hey, this is quote-unquote natural. This is normal. This is part of the normal spectrum of humanity — or life.”

But later in our conversation, Essex paused and stayed silent for a while. He was thinking like a lawyer again now, and found a hole in that line of reasoning. “I guess, some of these animals could actually be quote-unquote making a choice,” he said. How could we, as humans, ever know? “Huh,” he said. “I’m just stopping to think that through. I’m not quite sure what to do with that.” Essex had stumbled right back into what he originally identified as the underlying problem. Those wanting to discriminate against gays and lesbians may have roped the rest of us into an argument over what’s “natural” just by asserting for so long that homosexuality is not. But affixing any importance to the question of whether something is natural or unnatural is a red herring; it’s impossible to pin down what those words mean even in a purely scientific context. (Zuk notes that animals don’t drive cars or watch movies, and no one calls those activities “unnatural.”) In the end, there’s just no coherent debate there to have. Animal research demonstrating the supposed “naturalness” of homosexuality has typically been embraced by gay rights activists and has put their opponents on the defensive. At the same time, research interpreted — or, maybe more often, misinterpreted — to be close to pinpointing that naturalness in a specific “gay gene” can make people on both sides anxious in a totally different way.

In 2007, for instance, the University of Illinois neurobiologist David Featherstone and several colleagues, while searching for new drug treatments for Lou Gehrig’s disease, happened upon a discovery: a specific protein mutation in the brain of male fruit flies made the flies try to have sex with other males. What the mutation did, more specifically, was tweak the fruit flies’ sense of smell, making them attracted to male pheromones — mounting other males was the end result. To Featherstone, how fruit flies smell doesn’t seem to have anything to do with human sexuality. “We didn’t think about the societal implications — we’re just a bunch of dorky biologists,” he told me recently. Still, after publishing a paper describing this mutation, he received a flood of phone calls and e-mail messages presuming that he could, and would, translate this new knowledge into a way of changing people’s sexual orientations. One e-mail message compared him with Dr. Josef Mengele, noting “the direct line that leads from studies like this to compulsory eradication of gay sexuality . . . whether [by] burnings at the stake or injections with chemical suppressants. You,” the writer added, “just placed a log on the pyre.” (Earlier that year, PETA and the former tennis star Martina Navratilova, among others, were waging similar attacks on a scientific study of gay sheep, presuming it was a precursor to developing a “treatment” for shutting off homosexuality in human fetuses.)

Still, many people who contacted Featherstone were actually grateful — for the same, baseless prospect. Some confessed struggling with feelings for members of the same sex and explained to him, very disarmingly, the anguish they’d been living with and the hope his fruit-fly study finally offered them. There were poignant phone calls from parents, concerned about their gay children. “I felt bad in a way,” Featherstone told me. It was hard not to be moved, and he would try to explain the implications of his research, or lack thereof, politely. “But there’s also this liberal, modern side of me that’s like: ‘Take it easy, lady. Let your son be your son.’ ”

Not long ago, more than two years after the publication of the fruit-fly paper, a woman wrote to Featherstone about her college-aged daughter. The daughter couldn’t shake an attraction to other girls but honestly felt she’d never be able to bring herself to accept it either. She was now contemplating suicide. “She feels that she is losing herself,” the mother wrote, “that sweet, innocent light that is within her.” Like many who reached out to Featherstone, the woman and her daughter seemed to take for granted that homosexuality was inborn — natural. Otherwise, the situation wouldn’t feel so torturously unfair. The mother begged Featherstone to rethink his unwillingness to turn his fruit-fly research into a treatment. “We all deserve a choice,” she wrote.

GRASPING FOR PARALLELS with animals can create emotional truths, though it usually results in slushy logic. It’s naïve to slap conclusions about a given species directly onto humans.

But it’s disingenuous to ignore the possibility of any connection. “A lot of zoologists are suspicious, I think, of applying the same evolutionary principles to humans that they apply to animals,” Paul Vasey, the Japanese-macaque researcher, told me. There’s an understandable tendency among some scientists to play down those links to stave off ideological misreading and controversy. “But broadly speaking, research on animals can inform research on humans,” Vasey says. What we learn about one species can expand or reorient our approach to others; a well-supported finding about one animal’s behavior can generate new hypotheses worth testing in another. “My research on Japanese macaques might influence how someone conducts their research on octopus, or their research on moose. Or their research on humans,” he said. In fact, it has influenced Vasey’s own research on humans.

Since 2003, in addition to his investigation of female-female macaque sex, Vasey has also been studying a particular group of men in Samoa. “Westerners would consider them the equivalent of gay guys, I guess,” he told me — they’re attracted exclusively to other men. But they’re not considered gay in Samoa. Instead, these men make up a third gender in Samoan culture, not men or women, called fa’afafine. (Vasey warned me that mislabeling the fa’afafine “gay” or “homosexual” in this article would jeopardize his ability to work with them in the future: while there’s no stigma attached to being fa’afafine in Samoan culture, homosexuality is seen as different and often repugnant, even by some fa’afafine.)

In a paper published earlier this year, Vasey and one of his graduate students at the University of Lethbridge, Doug P. VanderLaan, report that fa’afafine are markedly more willing to help raise their nieces and nephews than typical Samoan uncles: they’re more willing to baby-sit, help pay school and medical expenses and so on. Furthermore, this heightened altruism and affection is focused only on the fa’afafine’s nieces and nephews. They don’t just love kids in general. They are a kind of superuncle. This offers support for a hypothesis that has been toyed around with speculatively since the ’70s, when E. O. Wilson raised it: If a key perspective of evolutionary biology urges us to understand homosexuality in any species as a beneficial adaptation — if the point of life is to pass on one’s genes — then maybe the role of gay individuals is to somehow help their family members generate more offspring. Those family members will, after all, share a lot of the same genes.

Vasey and VanderLaan have also shown that mothers of fa’afafine have more kids than other Samoan women. And this fact supports a separate, existing hypothesis: maybe there’s a collection of genes that, when expressed in a male, make him gay but when expressed in a woman, make her more fertile. Like Wilson’s theory, this idea was also meant to explain how homosexuality is maintained in a species and not pushed out by the invisible hand of Darwinian evolution. But unlike Wilson’s hypothesis, it doesn’t try to find a sneaky way to explain homosexuality as an evolutionary adaptation; instead, it imagines homosexuality as a byproduct of an adaptation. It’s not too different from how Vasey explains why his female macaques insistently mount one another.

“What we’re finding in Samoa now,” Vasey told me, “is that it’s not an either-or.” Neither of the two hypotheses, on its own, can neatly explain the existence, or evolutionary contribution, of fa’afafine. “But when you put the two together,” he said, “the situation becomes a whole lot more nuanced.” It’s significant that Vasey began his work in Samoa only after he’d gotten to the crux of the macaque situation. “The Japanese macaques,” he told me, “in terms of my personal development, they raised my awareness of the possibility that homosexual behavior might not be an adaptation. I was more likely to put the two hypotheses together because I was just more sensitive, I guess, to the reality that the world . . . is organized so that adaptations and byproducts of adaptations coexist and hinge and impinge on each other. Humans are just another species.”

Vasey and VanderLaan’s work in Samoa doesn’t come close to settling theoretical questions about homosexuality. But unlike many biologists I spoke to, Vasey still seemed at ease discussing the speculative and even philosophical ties between animal and human sexuality. He’s not concerned with how foolishly or maliciously his work might be misread. “If somebody wanted to make something out of it, they could,” Vasey told me, “but they’d just look like some kind of misinformed hillbilly.”

Thus far, interpretations of his latest paper on the fa’afafine have been wildly contradictory but all equally overconfident. “New Gay Study Will Make Anti-Gay Activists Cry Uncle,” one blog headline read. Another claimed, “Darwinian Fundamentalists Desperate to Rationalize Homosexuality,” and cleared the way for a commenter to somehow bemoan Vasey’s findings as “justification” for gay men “to sexually abuse their nephews.”

“THERE’S TWO mating right there,” Lindsay Young called out.

They were right below her, 10 yards away on a flat, vegetated ridge. It was late afternoon. One albatross lay on its stomach, wobbling with its wings pulled back — the way penguins slide over ice — while a second stood upright behind it, fat rippling down its telescoping neck, as it pumped its pelvis. “That looks pretty standard,” Young said.

The birds carried on for a while. Then the male shivered and retracted. The female came to her feet and walked off. Young read the female’s leg band with her binoculars. “You just hit the jackpot,” she told me. The bird was part of a female-female pair. The male had another mate.

Young started scribbling notes, and we sat there rapidly rehashing the details. The sex didn’t seem forced at all. In a rape, Young said — which, for all the talk of albatross monogamy, is not uncommon in the species — a male will pin a female’s neck to the ground, or back her into a bush to tangle her up. (One study observed four different gangs of males forcing themselves on a single female, which lost an eye in the process.) But these two birds hardly seemed in a rush. Young made more notes. Then, with the male bird frozen right where he’d been left, the female slapped her rubbery feet on the ground, caught an updraft and disappeared over the ocean.

The next morning, Young still seemed to be assuring herself that her interpretation of what we’d seen was reasonable. “We didn’t see how it started, but how it ended looked . . . ” — she searched for a precise, nonanthropomorphic phrase. She couldn’t really find one, and let out a self-effacing laugh. “Mutually beneficial?” she said. “I don’t know!”

Dave Leonard, a friend of Young’s, was tagging along. Leonard — tall, lanky and tan, with a ponytail and a few days of scruff — is an ornithologist but works a desk job now for a state wildlife agency and seemed to be enjoying a morning outside. He brandished a gigantic telephoto lens in all directions and had trouble recovering after realizing he’d forgotten to pack his binoculars. Leonard knows his birds, but he was here as a bird lover, not a bird researcher, and wasn’t overly concerned with scientific detachment. When Young pointed out a male albatross whinnying at every female that passed overhead, Leonard shook his head and joked, “I feel your pain, dude.”

Eventually, Young spotted a female from one of the female-female pairs calling to a male about 15 feet away. The female was standing right where the male and his partner usually build their nest. Her head was straight up in the air, and she clapped her beak animatedly. In Young’s experience, it was rare for a bird to call so determinedly to another that’s not her partner; this would definitely count as “solicitation,” she said, if the two birds wound up copulating. “Pull up a rock,” she told me and Leonard.

We sat on the ground expectantly for a while. Eventually, the male albatross took a few steps toward the calling female. Then it stopped and looked around. It was comical, given the circumstances.

“ ‘Will anyone see me if I cheat?’ ” Young said. “I’m not sure if he’s taking her up on it, or just going, ‘Why are you in my spot?’ ” She was doing the bird’s interior monologue, narrating for one blameless, anthropomorphic moment.

The male stopped again and tucked his beak into the feathers behind his neck. Then he turned around and retreated. The taut sexual anticipation — at least as felt by us three humans — seemed to let up. “Well, his partner should be very proud of the self-control,” Young said. Then she said, “I know when to cut my losses,” gathered up her backpack and clipboard full of hard-earned data and trudged off to watch some other birds.

MORE THAN 4,000 miles across the Pacific, at a place called Taiaroa Head in southeastern New Zealand, two female Royal albatrosses (a related species) were building their nest. Later that winter, those two birds would become one of only a few known female-female pairs to successfully fledge a chick at Taiaroa Head in more than 60 years of continuous observation of the colony. (Two years before, the same two birds had engaged in a threesome, presiding over a single nest with the help of one male — just another “alternative mating strategy” albatrosses sometimes engage in, it turns out.)

The tourism board of Dunedin, a gay-friendly region of New Zealand, held a publicity-grabbing contest to name the “lesbian albatross” couple’s chick. For months, as the paired females incubated their egg, a press officer at Tourism Dunedin issued releases, and news organizations around the world, from England to India, ran with the story. The P.R. woman also tried to interest me in a story about a flightless kakapo bird in the region named Sirocco who’d recently made a memorable appearance on the BBC — “He actually started to shag the presenter, Mark Carwardine!” she wrote to me — and “has avid followers on Facebook and Twitter!”

A biologist working with the albatrosses at Taiaroa Head, Lyndon Perriman, seemed to bristle at the idea of naming any albatrosses — “They are wild birds,” he wrote to me in an e-mail message. He noted that the female-female pair made for an inconvenient tourist attraction because their nest was not visible from any of the public viewing areas. It seemed fitting: people’s ideas about the couple were riveting enough; it wasn’t necessary to see the actual birds. The chick hatched on Feb. 1. Tourism Dunedin named it Lola. The shortlist also included Rainbow, Lady Gagabatross and Ellen.

Anne Hathaway Left catholic Church to Support Her Gay Brother

Anne Hathaway‘s family left the Catholic Church because of its intolerance of homosexuality. Anne grew up wanting to become a nun but shunned Catholicism when she learned her older brother, Michael, was gay.”

Hathaway says, “The whole family converted to Episcopalianism after my elder brother came out. Why should I support an organization that has a limited view of my beloved brother?”

Anne was nominated for an Oscar™ for Rachel Getting Married [’08]. She’s also co-starred in The Devil Wears Prada, The Princess Diaries, and Brokeback Mountain.

Many Successful Gay Marriages Share an Open Secret

January 29, 2010

When Rio and Ray married in 2008, the Bay Area women omitted two words from their wedding vows: fidelity and monogamy.

“I take it as a gift that someone will be that open and honest and sharing with me,” said Rio, using the word “open” to describe their marriage.

Love brought the middle-age couple together — they wed during California’s brief legal window for same-sex marriage. But they knew from the beginning that their bond would be forged on their own terms, including what they call “play” with other women.

As the trial phase of the constitutional battle to overturn the Proposition 8 ban on same-sex marriage concludes in federal court, gay nuptials are portrayed by opponents as an effort to rewrite the traditional rules of matrimony. Quietly, outside of the news media and courtroom spotlight, many gay couples are doing just that, according to groundbreaking new research.

A study to be released next month is offering a rare glimpse inside gay relationships and reveals that monogamy is not a central feature for many. Some gay men and lesbians argue that, as a result, they have stronger, longer-lasting and more honest relationships. And while that may sound counterintuitive, some experts say boundary-challenging gay relationships represent an evolution in marriage — one that might point the way for the survival of the institution.

New research at San Francisco State University reveals just how common open relationships are among gay men and lesbians in the Bay Area. The Gay Couples Study has followed 556 male couples for three years — about 50 percent of those surveyed have sex outside their relationships, with the knowledge and approval of their partners.

That consent is key. “With straight people, it’s called affairs or cheating,” said Colleen Hoff, the study’s principal investigator, “but with gay people it does not have such negative connotations.”

The study also found open gay couples just as happy in their relationships as pairs in sexually exclusive unions, Dr. Hoff said. A different study, published in 1985, concluded that open gay relationships actually lasted longer.

None of this is news in the gay community, but few will speak publicly about it. Of the dozen people in open relationships contacted for this column, no one would agree to use his or her full name, citing privacy concerns. They also worried that discussing the subject could undermine the legal fight for same-sex marriage.

According to the research, open relationships almost always have rules.

That is how it works for Chris and James. Over drinks upstairs at the venerable Twin Peaks Tavern in the Castro neighborhood of San Francisco, they beamed as they recalled the day in June 2008 that they donned black suits and wed at City Hall, stunned by the outpouring of affection from complete strangers. “Even homeless people and bike messengers were congratulating us,” said Chris, 42.

A couple since 2002, they opened their relationship a year ago after concluding that they were not fully meeting each other’s needs. But they have rules: complete disclosure, honesty about all encounters, advance approval of partners, and no sex with strangers — they must both know the other men first. “We check in with each other on this an awful lot,” said James, 37.

That transparency can make relationships stronger, said Joe Quirk, author of the best-selling relationship book “It’s Not You, It’s Biology.”

“The combination of freedom and mutual understanding can foster a unique level of trust,” Mr. Quirk, of Oakland, said.

“The traditional American marriage is in crisis, and we need insight,” he said, citing the fresh perspective gay couples bring to matrimony. “If innovation in marriage is going to occur, it will be spearheaded by homosexual marriages.”

Open relationships are not exclusively a gay domain, of course. Deb and Marius are heterosexual, live in the East Bay and have an open marriage. She belongs to the Church of Jesus Christ of Latter-day Saints and maintained her virginity until her wedding day at 34. But a few years later, when the relationship sputtered, both she and her husband, who does not belong to the church, began liaisons with others.

“Our relationship got better,” she said. “I slept better at night. My blood pressure went down.”

Deb and Marius also have rules, including restrictions on extramarital intercourse. “To us,” Marius said, “cheating would be breaking the agreement we have with each other. We define our relationship, not a religious group.”

So while the legal fight over same-sex marriage plays out, couples say the real battle is making relationships last — and their answers defy the prevailing definition of marriage.

“In 1900, the average life span for a U.S. citizen was 47,” Mr. Quirk said. “Now we’re living so much longer, ‘until death do us part’ is twice as challenging.”

Scott James is an Emmy-winning television journalist and novelist who lives in San Francisco.

Miracle at the Walmart

by Anthony M. Brown, 12/26/09

It was 3:00 in the morning on December 26th in a West Virginia Walmart parking lot when it happened. For me, disco changed to diapers a long time ago when I became a donor dad to lesbian friends, but the reality of fatherhood was enjoyed from a distance.   Now, with the arrival of Nicholas in September, I am a full-time dad and this fun-gay-New Yorker-activist shops at Walmart. I am officially no longer a gay man.

I will always be a husband-loving kind of guy at heart, but my identity, which has been founded on my sexual orientation, now comes from love for my son. That’s why I was in a Walmart parking lot. Nicholas suffered his first illness on Christmas day when he caught my sister’s cold.  When you have no immune system, even the common cold can rock your world.  I set out to find Infant’s Tylenol at 2:30 AM, full well knowing that it was a long shot to even find a store that was open, much less stocked with exactly what I needed.  After my third 7-11, which only carries Children’s Motrin (for ages 2-11) I saw the Walmart and a few employees standing outside the front door.  I decided to swallow my politically correct pride and go for it.

After parking and walking towards the door, I was informed by a man named Paul that the store would open at 6 AM.  I asked if anyone knew where I could get Infant’s Tylenol.  All three pointed to the 7-11 across the parking lot.  I told them about the Motrin and that I had a sick three-month-old at home, and I guess I looked a little freaked out because Paul told me to wait where I was.  He disappeared into the closed Walmart and 10 minutes later returned with a bag containing Infant’s Tylenol, Cherry flavored, and a receipt with his name on it.

He told me that someone once helped him out when his infant was sick and that he wanted to pay it forward.  I thanked him with a tear in my eye and felt an undeniable bond with this Christmas stranger, who gave me much more than medicine for my son.  I realized in that moment why the gay marriage misinformation campaign staged by The National Organization for Marriage in California, Maine, New York and New Jersey was so successful.

Gay Marriage Taught in Schools? National Organization for Marriage lies and mis-truths run rampant!

Most any parent you meet will tell you that their greatest concern in life is the health and welfare of their children.  I am gay by design, but a father by choice and I know that I would do anything for Nicholas.  When NOM told Americans that gay marriage would somehow be taught in schools, as if traditional marriage is taught in schools, voters on the fence erred on the side of concern for their children.  This tactic is particularly repugnant because the implication of their message was that even the slightest tolerance for gay people and gay marriage is unacceptable.  God forbid being gay is normalized in any way!

When I was in school, I was teased mercilessly by my classmates because they figured out I was gay before I did.  Teachers and administrators watched the taunting and did nothing, perhaps because they had no tools to deal with this kind of harassment.  When it got so bad that my parents had to remove me from that school, I heard that the administration finally did address that matter.  If they had done so when I was there, perhaps I would not have had such a difficult time later in my education.  But  I was lucky.  School children killing themselves due to gay taunting has finally stepped out the closet and more people know about Carl Joseph Walker-Hoover and Keheem Herrera, two such children, or Lawrence King, the California 15-year-old who was murdered by a classmate because he was gay.

The coordinated resistance to tolerance in schools continues to be seen in the backlash to gay straight alliances today.  Case after case filed to stop these alliances is being heard by courts all over the country and, thankfully, courts are honoring their existence.  But the problem in schools continues.  Mayor Bloomberg, our so called ally, still refuses to fully implement DASA (The Dignity for all Students Act of 2004) which would outlaw bullying based on, among other things, sexual orientation and gender identity.

The National Organization for Marriage knows that when today’s youth have children, the atmosphere in schools inevitably bends toward acceptance and they will have lost their keynote anti-equality claim.  I say good riddance, and I say thank you Paul from Walmart for helping me and my son in our hour of need.

Anthony M. Brown is the head of the Nontraditional Family and Estates Division of the law firm of Albert W. Chianese and Associates.  He is also the executive director of The Wedding Party.

Fairness for gay families

, columnist, 365gay.com

They were known to their neighbors as Sister Tricia and Sister Keya.

They were not sisters, as in siblings or nuns. They were partners of more than 15 years and they were making a difference in a their neighborhood in the Quad-Cities, Ill., where I worked as a reporter for a daily newspaper in the late 1980s and early 1990s.

Their neighborhood, their community, was managed by a local housing authority under the U.S. Department of Housing and Urban Development, and Tricia and Keya’s goal was to make their public housing complex feel like home, to inspire others to care about home sweet home and to lobby HUD for the right to manage their residences, their community, their lives. 

Sister Tricia and Sister Keya were vital to the neighborhood and to the movement, but one day I knocked on their door to interview them about a tenant-management issue and new occupants answered.

Sister Tricia and Sister Keya and their two children had been evicted for violating their tenant agreement, which allowed for family occupancy, but only certain kinds of family occupancy — a single parent with children, an extended family of blood relatives and a legally married couple with children.

Sister Tricia and Sister Keya were not sisters, and they were not married. They had no marriage license and, with no hope of securing one at that time, they lost their home, however transitional it might have been.

I’ve thought of Sister Tricia and Sister Keya many times over the years, wondering if they eventually settled in one of states where they now can marry, wondering whether they continue to organize and agitate, wondering how their children grew.

I thought of them last week when HUD announced a series of proposed initiatives that could dramatically impact same-sex couples and their families, whether they are seeking affordable housing assistance, buying a first home or needing help in their retirement years.

HUD Secretary Shaun Donovan announced that the department is submitting a proposed rule to make three changes to federal regulations.

The first involves including language that guarantees same-sex couples and their children are recognized as families covered by HUD programs, including housing assistance.

That hopefully would mean no more evictions of a same-sex couple from their home because they are not bound by blood or a marriage license.

The second change would require organizations that administer HUD grants to abide by state and local laws prohibiting discrimination based on gender identity and sexual orientation.

The third change would emphasize that creditworthiness — not sexual orientation and not gender identity — is to be considered in the awarding of mortgage loans insured by the Federal Housing Administration.

A fourth proposal, though not a change in the federal regulations, would result in HUD conducting a nationwide survey of housing discrimination based on sexual orientation and gender identity.
Donovan said the process to change the federal regulations would begin immediately and the survey is on the fast track.

The national survey would be the first of its kind, but prior studies at state and local levels show a pattern of housing discrimination against same-sex couples.

Two years ago, Michigan’s Fair Housing Centers examined bias based on sexual orientation using testers — some of them posing as same-sex couples and some as opposite-sex couples. The couples were paired, with the same-sex couples having better credentials — higher income, larger down payment, better credit — than the opposite-sex couples.

The testers inquired about rental housing, homes for sale and financing options. They tested housing opportunities in rural areas and metropolitan centers, small towns and cities, college communities and suburbs.

“Testing by the Michigan Fair Housing Centers uncovered widespread discrimination against same-sex couples,” the study states.

In one out of four tests, there were disparities in how the couples were treated. The study found same-sex couples were given higher rental rates and that opposite-sex couples received more encouragement to apply for housing.

The Federal Fair Housing Act of 1968 bans discrimination based on race, color, religion, national origin, sex, disability and familial status in the rental, sale, and financing of housing. Congress is not on the fast track to amending that law, leaving a patchwork of protections in states and localities, leaving LGBTs sometimes literally out in the cold.

HUD’s work to roll out the welcome mat provides some comfort.

The Higher Lifetime Costs of Being a Gay Couple

October 3, 2009
New York Times

Much of the debate over legalizing gay marriage has focused on God and Scripture, the Constitution and equal protection.

But we see the world through the prism of money. And for years, we’ve heard from gay couples about all the extra health, legal and other costs they bear. So we set out to determine what they were and to come up with a round number — a couple’s lifetime cost of being gay.

It was much more complicated than we initially imagined, and that’s probably why we’ve never seen similar efforts. We looked at benefits that routinely go to married heterosexual couples but not to gay couples, like certain Social Security payments. We plotted out the cost of health insurance for couples whose employers don’t offer it to domestic partners. Even tax preparation can cost more, since gay couples have to file two sets of returns. Still, many couples may come out ahead in one area: they owe less in income taxes because they’re not hit with the so-called marriage penalty.

Our goal was to create a hypothetical gay couple whose situation would be similar to a heterosexual couple’s. So we gave the couple two children and assumed that one partner would stay home for five years to take care of them. We also considered the taxes in the three states that have the highest estimated gay populations — New York, California and Florida. We gave our couple an income of $140,000, which is about the average income in those three states for unmarried same-sex partners who are college-educated, 30 to 40 years old and raising children under the age of 18.

Here is what we came up with. In our worst case, the couple’s lifetime cost of being gay was $467,562. But the number fell to $41,196 in the best case for a couple with significantly better health insurance, plus lower taxes and other costs.

These numbers will vary, depending on a couple’s income and circumstance. Gay couples earning, say, $80,000, could have health insurance costs similar to our hypothetical higher-earning couple, but they might well owe more in income taxes than their heterosexual counterparts. For wealthy couples with a lot of assets, on the other hand, the cost of being gay could easily spiral into the millions.

Nearly all the extra costs that gay couples face would be erased if the federal government legalized same-sex marriage. One exception is the cost of having biological children, but we felt it was appropriate to include this given our goal of outlining every cost gay couples incur that heterosexual couples may not.

Our analysis is not exact science. Not every couple would get married if they could, and others would not want to have children. We also made a number of assumptions based on average costs, life spans, state of residence and gender.

Our gay family is made up of two women living in New York State in a committed partnership that lasts 46 years, until the first partner dies at age 81. We ran two sets of calculations: in the one that turned out to be our worst case financially, one woman earned $110,000 and the other $30,000. In our second couple, both partners earned $70,000. We started running the numbers when both were age 35.

We received assistance from Roberton Williams, a senior fellow at the Tax Policy Center, who performed our tax analysis, which required simulating more than 900 income tax returns, in part because we followed the partners for 50 years. We also decided to run all scenarios across the three states so that the results would not be skewed by different state taxes. We’ve outlined all the detail in a workbook linked to the online version of this column.

As for the emotional costs of living with these added complexities, they can’t be quantified. Frederick Hertz, a lawyer in Oakland, Calif., who works with same-sex couples, likens heterosexual marriage to being in the car pool lane. “Being part of a same-sex couple, it’s always stop. Wait. Pay a toll,” he said.

Harvey Hurdle, who lives in Philadelphia with his partner and their young son, said he was reminded of the disparities every time his Social Security statement arrived in the mail. “It’s pretty insulting,” he said. “It says your spouse would get this much. And it’s like, ‘Oh no he won’t!’ ”

Health Insurance

In our worst case, the lower earner’s employer did not provide health insurance and her partner’s employer didn’t cover domestic partners. So the lower earner had to buy coverage on the private market, while the higher-earning partner provided coverage for herself and the two children. All this cost the gay couple $211,993 more than their heterosexual married counterparts, who were able to take advantage of the higher-earner’s family coverage.

In our best case, health coverage cost the gay couple $28,595 more. We assumed both gay partners were eligible for employer-provided coverage. The higher-earner’s employer also provided domestic partner coverage, which covered her partner for the five years she stayed at home. When she returned to work, she used her own employer’s insurance.

Even though the couple paid nearly $29,000 more in premiums than an identical heterosexual married couple, it was cheaper than using domestic partnership coverage throughout because of the onerous tax implications, according to Mr. Williams of the Tax Policy Center. A nondependent partner’s coverage is taxable income, and she can’t use pretax dollars to pay the premiums, according to Todd A. Solomon, a partner in the employee benefits department of McDermott Will & Emery in Chicago.

Social Security

All our hypothetical individuals started collecting Social Security when they were 66. Same-sex couples are not entitled to a variety of Social Security benefits, including spousal benefits (heterosexual spouses can receive up to 50 percent of a spouse’s benefits while the spouse is alive, if they are higher than their own); survivor benefits (surviving spouses can receive their deceased spouse’s benefits in lieu of their own, if they are higher); and a flat death benefit of $255.

In the worst case, the gay partner who earned $30,000 could not receive higher spousal benefits or survivor benefits from her partner’s much higher earnings record. Nor was she entitled to the death benefit. In total, the gay women collected $88,511 less in Social Security than a similar heterosexual couple. Some couples might try to buy life insurance in an attempt to replace the benefit.

In our best case, when the gay partners had largely identical incomes, neither was at a huge disadvantage because they ended up with about the same monthly benefits. So the only extra benefit a heterosexual married couple received was the $255 death benefit.

Estate Taxes

Heterosexual married couples can transfer an unlimited amount of assets to each other during their lives and at death without paying estate taxes. Everyone else, including married same-sex couples, must pay federal estate taxes on amounts that exceed the 2009 exemption of $3.5 million. Many states also levy their own estate or inheritance taxes, though same-sex couples may be shielded from those in states that recognize their unions. Our couple lived in New York, where the estate tax exemption is $1 million. And though New York recognizes marriages performed elsewhere, that recognition does not extend to state income or estate taxes.

In our worst case, the gay partner who died first in 2055 left an estate that exceeded the state’s threshold by $171,528. That meant a tax bill of $43,378, according to Ron L. Meyers, an estate-planning lawyer with a significant same-sex clientele at Cane, Boniface & Meyers in Nyack, N.Y.

Meanwhile, their identical heterosexual counterparts owed nothing.

The gay couple in our best case had a smaller estate, in part because they were careful to title their home as tenants-in-common, so only the deceased partner’s half of the home was taxable. The estate didn’t exceed the federal or state threshold. So they owed nothing.

Childbearing

Two women who want to have a biological child together need sperm to do it. They may need to purchase sperm from a bank and use a medical professional to inseminate one of the partners. There are also legal adoption costs.

The worst case here totaled $40,000. It included 12 months of sperm and insemination costs, but the big wild card was the possible need to move to a state where same-sex second-parent adoptions were legal. While this may seem extreme, couples often do it, according to Joyce Kauffman, a lawyer in Cambridge, Mass., who has worked with many of them. We estimated a minimum of $20,000 for this cost, including real estate brokerage fees to sell a home and moving costs.

In the best case, there might be no cost at all: the couple could use sperm from a relative of the partner who isn’t bearing the child or from a friend, inseminate at home and take their chances with free legal forms on the Web. Ms. Kaufman does not recommend such a cavalier approach to vital documents.

The cost for men to have a biological child would be much higher if they used a surrogate.

Pension

We assumed that one partner, in both best and worst cases, received a small pension. In both cases, the partner with the pension plan died first.

Employers do not have to provide survivor pension benefits to a same-sex spouse, but many do anyway (which would put our best case at $0). In our worst case, however, the higher-earning partner died first and did not work for such a company. So the surviving partner got nothing. A similarly situated heterosexual surviving spouse would receive $32,253 before dying herself several years later.

Spousal I.R.A.

You generally need to earn income to contribute to an Individual Retirement Account. But heterosexual married couples can contribute up to $5,000 annually to a spousal I.R.A. for a nonworking spouse. Stay-at-home gay partners, however, cannot make these contributions. So they end up with smaller retirement accounts.

We assumed that all the couples would have either saved 7 percent of the stay-at-home parent’s previous year’s salary, or $5,000, the maximum contribution. So the gay couple with one partner who started out earning just $30,000 would have saved less (had she been legally able to) than someone earning $70,000. In both cases, that five-year gap in savings early on in the partners’ lives haunted them later because they weren’t able to benefit from decades of compounding returns.

The couple with the lower-earning partner at home ended up $48,654 behind by the time that partner died, assuming she invested in a portfolio mixed equally between stocks and bonds that returned 5.94 percent annually. The surviving spouse from the gay couple with equal incomes ended up $112,192 behind.

Tax Preparation

Instead of filing one joint federal tax return and one state income tax return, same-sex couples must file two sets of returns. In both best and worst cases, those couples paid an additional $12,300 in tax preparation fees over the 46 years they are together.

Financial and Legal Planning

Even married same-sex couples are encouraged to create a number of documents that try to replicate the protections and rights of heterosexual marriage because their unions are not universally recognized. In the worst case, our gay couple spent $5,500 more than their heterosexual counterparts on their additional paperwork. That included a revocable living trust, which is more difficult to contest than a will, and what is known as a pour-over will, which ensured that anything left out of the trust would be included. They also each set up financial powers of attorney, health care proxies, living wills and a domestic partnership agreement.

In the best case, our couple didn’t spend any more than a prudent heterosexual couple would. Both couples created two wills, financial powers of attorney, health care proxies and living wills.

Income Taxes

Married heterosexual couples with two working spouses with similar incomes often pay more in federal taxes than if they remained single because of the so-called marriage penalty. This occurs when a couple’s combined income pushes them into a higher tax bracket than they would have been in if they filed as singles. But some couples — especially those with a wide disparity in income or with a stay-at-home parent — usually pay less when they file jointly. They benefit from what’s known as a marriage bonus.

In our worst case, where one gay partner earned $110,000 and one earned $30,000, the couple paid $15,027 less in taxes over their lifetimes than their heterosexual counterparts. Though the gay and heterosexual married couple had identical salaries, the married couple collected more income in retirement — a direct result of their marriage status — and thus owed more in taxes (though they still benefited from the marriage bonus). For instance, the married couple collected higher Social Security spousal benefits and survivor benefits, pension income and income derived from a spousal I.R.A. The gay couples weren’t entitled to any of these benefits.

In our best case, where the partners each earned $70,000, the gay couple paid $112,146 less in income taxes. “That is the marriage penalty rearing its ugly head,” Mr. Williams said.

Top ten questions to ask before signing up with an IVF clinic, law office, or agency as a surrogate

issue1Attorney Theresa M. Erickson recommends:

1. Contact a Reproductive Lawyer or IVF Clinic for recommendations – the lawyers and the doctors are the licensed professionals in this field, as are the psychologists, and they can often give good advice on where to begin your journey. You might also find a lawyer you want to work with when it becomes time to sign and review agreements with Intended Parents.

2. What if the lawyer or clinic has their own agency for matching surrogates with parents? Well, I myself own an agency, so I can speak clearly to the potential conflicts of interest that can arise between you and the agency or the clinic; however, here are a few things to remember:

a. Doctors and lawyers are licensed professionals who have licenses that they have worked hard to obtain and maintain. At least in my office, surrogates always get their own attorneys, their own psychologist, and their own support separate from me. But remember, doctors are not lawyers just as lawyers are not doctors – it is that simple.

b. If an IVF physician has an agency, how is their money held for their surrogates? It is unlikely that they are licensed and bonded escrow holders, and they are not attorneys whose clients are protected by the state bar’s client security fund, so ask that question. Physicians do not have the same protections as the attorney’s trust account does.

c. With an IVF Physician, what happens at 12 weeks when you are released to your OB physician? Do they have the staff to do that, and who is that? How does the clinic still handle and facilitate your arrangement, if at all? Make sure you are being supported all the way to the end, not just until the pregnancy reaches the first trimester.

d. Now, as for your health and physical well being, the other issue that some have is the conflict of interest that a doctor has with his patient, the surrogate, and his patient, the Intended Parents. Again, as it has to do with your health and well-being, make certain that you get independent legal representation and ask questions. It is your body and your health, so you must be diligent in making certain that you are being protected too. Many, many IVF Physicians are wonderful, caring doctors, but you must ask questions to ensure you are being protected. Also, ask what their success rates are and how long they have been practicing IVF?

3. Agencies – yes, they are unregulated, unlicensed, etc. – but, speak with them too – better yet, meet with them in their office and meet the staff. Some are very reputable. Ask a reproductive lawyer or IVF clinic for recommendations. Then, call and interview them. Ask them the following:

a. Are they a match making service only, or do they provide support throughout the entire process through delivery and beyond?

b. How are their surrogates and donors funds held? Make certain that they are held by an escrow company or by an attorney.

c. What type of support do they provide? Get specifics. What type of staff do they have and how many people are there for you in the office?

d. Do they have parents waiting? If not, how long will you have to wait? Remember, promises of being matched immediately are empty, as each case if different. Also, ask how many matches they do per year and per month.

e. How long have they been in business? Can you speak with other surrogates?

f. Agencies are not medical providers, but the reputable ones know what they are doing and are instrumental in helping you select a physician, psychologist, etc., as well as helping you get answers when the medical aspect is unclear. Don’t think that you will be left with inadequate medical care if you go through an agency.

g. Reputable agencies are insured against Errors & Omissions Insurance. Ask if they carry it.

h. Does the agency have surrogate support group meetings and/or annual parties? These are always alot of fun, and there are usually prizes for the winners of contests. This is also a great way to meet other women like yourself who are going through many of the same things.

Must Know Facts for Intended Parents Using Surrogates

issue2My husband and I have learned SO MUCH through the process of our surrogacy experience and I hope that you can benefit from our lessons/mistakes/education.  First, every surrogacy agency, ibncluding our’s – Circle Surrogacy, will play down the costs.  There are numerous hidden costs that are not on their cost lists, such as personal travel, car rental, hotel, gifts…  We are due in September and we have spent over $145,000.00!

Second, make sure you know whether your surrogate has her own health insurance.  Ours does not and it has cost us almost $25,000.00 in extra fees.  Our agency said that we might have to wait “a verry long time” if we did not choose the surrogate that we currently have.  She is great and I love her, but if I had known then what I know now, we would have chosen someone else.

Make sure that your agency tells you EXACTLY what the legal situation is in the state where your child will be born in regards to the amendment of the birth certificate after the non-bio parent goes through the second parent adoption process.  Our agency found us a local attorney in North Carolina who did not know exactly how this would work.  He finally discovered that in North Carolina, there is no gender nuetral birth certificate document, so I will be listed as my son’s mother.  We also has to sue our donor, our carrier and our carrier’s husband AND WE ALL HAD TO APPEAR IN COURT IN NORTH CAROLINA.  Our donor and carrier were served with a summons without being forewarned and, as the intended parents, we are footing the bill for all of this.

I have tried to have a positive outlook, keeping my eye on the prize, so to speak.  I know that when we meet our son, all of the worries will diminish; however, I wish that someone had shared with me the details of what would be required, both financially and legally.

TNG4EVR in NY

Homecoming

“Goodnight Jim Bob.”
“Goodnight Mary Ellen.”

“Goodnight John Boy.”
I was 10 years old when I first heard this famous TV sign-off. The television show I’m referring to, “The Waltons,” premiered in 1972 and told the sappy-sweet story of a dirt-poor family in the Blue Ridge Mountains of Virginia. I couldn’t help but wonder why my family wasn’t more like theirs. I didn’t have six siblings or live-in grandparents like the Waltons, but that wasn’t it. I had shoes to wear and food to eat when I was hungry, unlike the Waltons, but that wasn’t it.
Oh yeah, there weren’t any gay children on “The Waltons,” or at least none that was out.
While my understanding of my own sexuality was a layered and often painful evolution, my understanding of family was always present for me, even as a confused gay kid. I knew that my family loved me and I knew that it was the one place where I could find solace in a turbulent world. The normal fears of coming to terms with same-sex attraction certainly existed but the trepidation of losing my family’s love somehow didn’t torment me when I was young.
I know… I am the exception to the rule.
Not only have I grown into a “family awareness,” but also my husband Gary and I have helped our families to learn about love through sharing our relationship with them. The culmination was their participation in our wedding last summer in Montreal. Until recently, I thought that was as good as our families’ participation in our lives could get. I was wrong.
About four years ago, Gary started talking to our lesbian friends about helping them create their families through the gift of sperm donation. It wasn’t until we met Alicia and Leslie three years ago that our willingness to make this offer became a reality. After long discussion and really careful consideration, we decided to take the leap of faith. Now, I’m a donor dad and I couldn’t be prouder.
Our daughter Piper is now 10 months old and this past weekend, Alicia, Leslie, Gary, Piper, and I went to West Virginia to introduce Gary’s parents and my whole family to our baby. I was nervous, Xanax-nervous, about the weekend. Seventeen relatives were all converging on my mom’s house to experience something that they had never encountered before, a nontraditional family in every sense of the word.
As each member of our family met Piper, they couldn’t help but fall in love. Children have that uncanny ability to disarm people’s misconceptions or suppositions about a situation. They had all heard about what Alicia, Leslie, Gary, and I had done, but it didn’t mean anything to them until they met Piper. Holding her in their arms and seeing how much her two moms and her two dads loved her changed everything.
The initial questions like, “Who is the real mom?” and “Do you and Gary have any rights?,” turned into, “When are we going to see her again?” and “Can I feed her now?” While Gary’s family and mine have grown to respect our love for one another, they instantly loved Piper, and her moms.
Having children is something that the LGBT community hasn’t always considered an option. Establishing safety for the children and for the parents legally has been a real obstacle. Two decades ago, lesbian mothers seeking reproductive assistance to have families without fathers were forced to undergo psychiatric evaluations. The anti-equality opposition has long used children in their campaign against us, saying that gay people recruit or, worse, are uncontrollable pedophiles. As we prove them wrong, and the world gets to meet our children, those ugly false claims reveal themselves for what they are—desperate attempts to mislead.
Sitting on the porch with my brother-in-law discussing the world, I realized just how important it was to bring Piper home to meet the families. Every parent can relate to the joys, trials, heartaches, and transformations inherent in raising a child. While we will inevitably hear from our detractors that we are exploiting our children for political purposes, I now understood why sharing our families with the world is so important.
When I was 10, I thought that the Waltons were the perfect family. While sitting on my mom’s porch in the Blue Ridge Mountains of West Virginia this past weekend, my concept of perfection changed radically. Whether your family has children or not or whether someone’s partnered or not, if love is present, it’s still family.
“Goodnight Alicia.”
“Goodnight Gary.”
“Goodnight Leslie.”
“Goodnight Piper.”

By Anthony M. Brown, Published 6.14.06, Gay City News

Anthony M. Brown served as research assistant to Nan Hunter, founder of the Gay and Lesbian Project at the ACLU and helped prepare the brief for the Lawrence v. Texas sodomy case while interning at Lambda Legal in 2002. Brown heads up Nontraditional Family and Estates Law at the law firm of McKenna, Siracusano & Chianese and is on The Wedding Party’s board. He can be reached at: Brown@msclaw.net.