Kansas Supreme Court expands parental rights of same-sex couples

Kansas Supreme Court expands parental rights of same-sex couples

The Kansas Supreme Court issued two decisions Friday with far-reaching implications for same-sex couples, finding that parenting intentions at the moment of a child’s birth are critical to establishing parental rights.KAnsas supreme court same-sex couples

Both cases involved birth mothers who conceived through artificial insemination and were fighting petitions by their former same-sex partners to establish parentage after their romantic relationships had fallen apart. In both cases, the women had not married and they did not have written or oral co-parenting agreements.

The court found that under the Kansas Parentage Act a woman needs only to show that she acknowledged maternity at the time of the child’s birth and show evidence that the birth mother consented at that time to share the care, custody and control of the child.

The cases — one from Butler County and the other from Crawford County — were sent back down to the lower courts for further proceedings consistent with the rulings.

“The court must avoid giving either party a veto after the arrangement has been put in place and into effect at the time of the child’s birth,” the state Supreme Court said. “Allowing unilateral action by either party to thwart the maternity of the other after a child has arrived and vital bonds with both have begun to form is unacceptable.”

Provisions in the Kansas Parentage Act support the idea that it is at the moment of birth when state law deems a child to have either one parent or two, the court said.

The court stopped short of requiring a formal contractual arrangement, but said a demand that each individual makes up her mind at the time of birth incentivizes stability for the child. It likened it to the existence of premeditation when a trigger is pulled, saying the evidence of what is in the mind of the person pulling it may come from words and actions before, during and after the event.

LJWorld.com, November 6, 2020 by Roxana Hegeman

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State Department no longer fighting in 2 cases involving citizenship of same-sex couples’ children

State Department no longer fighting in 2 cases involving citizenship of same-sex couples’ children

The State Department no longer fighting in 2 cases involving citizenship of same-sex couples’ children.  Two families are celebrating a decision by the U.S. State Department to stop fighting in two cases involving the citizenship of children of same-sex couples.Birthright citizenship

On Monday, the department withdrew its appeal in one case, and decided not to appeal a district-court decision in another, according to a statement released by Lambda Legal, a legal advocacy organization that focuses on the rights of LGBTQ people.

Earlier this year, the U.S. District Court for the District of Maryland held that Kessem Kiviti, the daughter of same-sex married couple Roee and Adiel Kiviti, had been a citizen since birth.

Kessen was born in Canada via surrogacy. When her parents — both born in Israel and naturalized citizens — applied for her a passport, the State Department said that she didn’t qualify. They argued that she was only biologically related to Adiel, who had lived in the U.S. for less than five years.

The couple sued, and on June 19, a court held that for the children of married parents, the law required no biological connection to a parent, for the child to be born a citizen.

The State Department appealed, but has now withdrawn it.

NYDailynews.com, by Muri Asuncao, October 28, 2020

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2 Supreme Court justices slam 2015 gay marriage decision

Justice Clarence Thomas suggested the Supreme Court needs to revisit the gay issue because it has “created a problem that only it can fix.”

The Supreme Court, already poised to take a significant turn to the right, opened its new term Monday with a jolt from two conservative justices who raised new criticism of the court’s embrace of gay marriage.marriage equality

The justices returned from their summer break on a somber note, following the death of Justice Ruth Bader Ginsburg, hearing arguments by phone because of the coronavirus pandemic and bracing for the possibility of post-election court challenges.

The court paused briefly to remember Ginsburg, the court’s second woman. But a statement from Justice Clarence Thomas, joined by Justice Samuel Alito, underscored conservatives’ excitement and liberals’ fears about the direction the court could take if the Senate confirms President Donald Trump’s nominee for Ginsburg’s seat, Amy Coney Barrett.

Commenting on an appeal from a former county clerk in Kentucky who objected to issuing same-sex marriage licenses, Thomas wrote that the 5-4 majority in a 2015 case had “read a right to same-sex marriage” into the Constitution, “even though that right is found nowhere in the text.” And he said that the decision “enables courts and governments to brand religious adherents who believe that marriage is between one man and one woman as bigots.”

Thomas suggested the court needs to revisit the issue because it has “created a problem that only it can fix.” Until then, he said, the case will continue to have “ruinous consequences for religious liberty.”

The court turned away the appeal of the former clerk, Kim Davis, among hundreds of rejected cases Monday.

Chicago.sun.times.com, October 5, 2020 by Mark Sherman and Jessica Gresko

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China’s LGBT community expresses disappointment after Shanghai Pride cancelled indefinitely

China’s LGBT community expresses disappointment after Shanghai Pride cancelled indefinitely

Shanghai PrideShanghai Pride – Amy Yang always wanted to travel outside of China, but she didn’t expect her life to change as much as it did.

Having now completed her studies, the 27-year-old owns her own accessory business and says her current life, living with her girlfriend in Melbourne’s CBD, is beyond her wildest dreams.

“When I was in China I didn’t really realise my sexuality,” she said.

Homosexuality was officially declassified as a mental disorder in China in 2001 and is no longer considered illegal, but there remain significant obstacles for China’s LGBT community.

Last month, organisers of China’s largest LGBT festival, Shanghai Pride, said they would cancel the annual event indefinitely.

In a blog post on their website, the organisers gave no explanation for their decision, stating: “We love our community, and we are grateful for the experiences we’ve shared together. No matter what, we will always be proud — and you should be, too.”

One of the main organisers, Charlene Liu, said in a statement posted on Facebook that “the decision was difficult to make but we have to protect the safety of all involved”, without elaborating.

Shanghai Pride declined the ABC’s request to comment on why it cancelled the event.

www.abc.net.au By Oliver Lees September 11, 2020

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Birthright Citizenship Ordered for Gay Couple’s Child Born Overseas Through Surrogacy

Birthright Citizenship Ordered for Gay Couple’s Child Born Overseas Through Surrogacy

A US district judge in Georgia issued a ruling on August 27 that the daughter of a married gay male couple, conceived through donor insemination from a donated egg with a woman in England serving as gestational surrogate, should be given birthright citizenship as a US citizen and entitled to a passport over the objections of the State Department.UK Supreme Court

The complication in this case is that the spouse whose sperm was used was not a US citizen at the time, though he has since become one through the marriage to his native-born US citizen husband.

If this sounds familiar, it is because the case of Mize v. Pompeo, decided on August 27, presents issues similar to those in Kiviti v. Pompeo, decided June 17 by a federal court in Maryland, which also ordered the State Department to recognize the birthright citizenship of the child of a married gay couple.

This is a recurring problem encountered by married gay male couples who use a foreign surrogate to have their child overseas.

Under the 14th Amendment, all persons born in the US are citizens at birth, regardless of the nationality or citizenship status of their parents — the only exceptions being children born to foreign diplomats stationed in the US or to temporary tourist or business visitors. The citizenship of children born overseas to US citizens is determined by the Immigration and Nationality Act (INA).

Under the INA, there is a crucial distinction depending on whether the parents are married to each other when the child is born. One provision concerns the overseas children of married US citizens, and a different provision applies if the children are born “out of wedlock.” As interpreted by the State Department, if the parents are married, the child is a birthright citizen so long as it is biologically related to one of them. If the parents are not married, at least one them who is biologically related to the child must be a US citizen who has resided in the US for at least five years.

gaycitynews.com – By Arthur Leonard, September 2, 2020

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Croatia gets first gay foster parents

A Croatian gay couple became foster parents to two children after a legal battle becoming the first same-sex couple to be granted the right in the largely Catholic country, an activist said Monday.

Croatia, a European Union member since 2013, has seen a gradual liberalisation of gay rights in recent years.Croatia gay foster

Gay couples have been able to register as life partners since 2014, a status that grants them most of the same rights as married couples.

In February, the top court ruled that gay couples also had the right to foster children — a matter that was in dispute because they were not included in a 2018 law on the issue.

It paved the way for life partners Ivo Segota and Mladen Kozic from Zagreb to foster children after the bitter legal fight since 2017 during which they were ping-ponged between a social welfare centre, the social policy ministry and the courts.

“Our members Ivo and Mladen are very happy with new members of their household,” said Daniel Martinovic, head of Rainbow Families, a group of same-sex parents.

Deccan Herald via AFP, September 7, 2020

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Baby Was Infected With Covid-19 in Utero, Study Reports

Researchers said the case strongly suggests that Covid-19 can be transmitted in utero. Both the mother and baby have recovered.

Researchers on Tuesday reported strong evidence that the Covid-19 can be transmitted from a pregnant woman to a fetus in utero.Covid-19 in utero

A baby born in a Paris hospital in March to a mother with Covid-19 tested positive for the virus and developed symptoms of inflammation in his brain, said Dr. Daniele De Luca, who led the research team and is chief of the division of pediatrics and neonatal critical care at Paris-Saclay University Hospitals. The baby, now more than 3 months old, recovered without treatment and is “very much improved, almost clinically normal,” Dr. De Luca said, adding that the mother, who needed oxygen during the delivery, is healthy.

Dr. De Luca said the virus appeared to have been transmitted through the placenta of the 23-year-old mother.

Since the pandemic began, there have been isolated cases of newborns who have tested positive for the coronavirus, but there has not been enough evidence to rule out the possibility that the infants became infected by the mother after they were born, experts said. A recently published case in Texas, of a newborn who tested positive for Covid-19 and had mild respiratory symptoms, provided more convincing evidence that transmission of the virus during pregnancy can occur.

In the Paris case, Dr. De Luca said, the team was able to test the placenta, amniotic fluid, cord blood, and the mother’s and baby’s blood.

The testing indicated that “the virus reaches the placenta and replicates there,” Dr. De Luca said. It can then be transmitted to a fetus, which “can get infected and have symptoms similar to adult Covid-19 patients.”

A study of the case was published on Tuesday in the journal Nature Communications.

Dr. Yoel Sadovsky, executive director of Magee-Womens Research Institute at the University of Pittsburgh, who was not involved in the study, said he thought the claim of placental transmission was “fairly convincing.” He said the relatively high levels of the coronavirus found in the placenta and the rising levels of virus in the baby and the evidence of placental inflammation, along with the baby’s symptoms, “are all consistent with SARS-CoV-2 infection.”

Still, Dr. Sadovsky said, it is important to note that cases of possible coronavirus transmission in utero appear to be extremely rare. With other viruses, including Zika and rubella, placental infection and transmission is much more common, he said. With the coronavirus, he said, “we are trying to understand the opposite — what underlies the relative protection of the fetus and the placenta?”

NYTimes.com, July 16, 2020 by Pam Belluck

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Overlooked No More: Karl Heinrich Ulrichs, Pioneering Gay Activist

Overlooked is a series of obituaries about remarkable people whose deaths, beginning in 1851, went unreported in The Times.

Before the word “homosexuality” existed, he argued that same-sex attraction was innate, and that those who experienced it should be treated the same as anyone else.Overlooked

By the time the overlooked lawyer and writer Karl Heinrich Ulrichs took the podium at a meeting of the Association of German Jurists in 1867, rumors about his same-sex love affairs — and the subsequent threat of arrest and prosecution — had already cost him his legal career and forced him to flee his homeland.

Standing in Munich before more than 500 lawyers, officials and academics — many of whom jeered as he spoke — Ulrichs argued for the repeal of sodomy laws that criminalized sex between men in several of the German-speaking kingdoms and duchies that existed in the years before the creation of a unified German state.

“Gentlemen, my proposal is directed toward a revision of the current penal law,” he said, according to the historian Robert Beachy in the 2014 book “Gay Berlin: Birthplace of a Modern Identity.”

Ulrichs described a “class of persons” who faced persecution simply because “nature has planted in them a sexual nature that is opposite of that which is usual.”

Same-sex attraction was a deeply taboo topic at the time; the word “homosexuality” would not even exist for another two years, when it was coined by the Austro-Hungarian writer Karl-Maria Kertbeny. So the ideas in Ulrichs’s speech — that such attraction was innate, and that those who experienced it should be treated the same as anyone else — were revolutionary.

His remarks preceded by more than 100 years the Stonewall riots in New York in 1969, which are widely seen as the start of the modern L.G.B.T.Q. rights movement.

They helped inspire the rise of the world’s first gay rights movement, 30 years later in Berlin.

They foreshadowed the imposition of a sodomy law across the German Empire that would later be used by the Nazis to target gay men, thousands of whom were killed in concentration camps.

Although overlooked they made history: Ulrichs is believed to have been the first person to publicly “come out,” in the modern sense of the term.

“I think it is reasonable to describe him as the first gay person to publicly out himself,” Robert Beachy said in an interview. “There is nothing comparable in the historical record. There is just nothing else like this out there.”

His speech was also deeply unwelcome at the 1867 meeting, where the audience erupted in shouts of “Stop!” and “Crucify!” that ultimately forced Ulrichs off the stage.

For much of Ulrichs’s life, same-sex relations were widely seen as a pathology or as a sin to which any person could succumb if seized by wickedness. These views still exist in some parts of the world.

Ulrichs helped forge the concepts of gay people as a distinct group and of sexual identity as an innate human characteristic in a series of pamphlets he wrote from 1864 to 1879 — at first under a pseudonym, but under his own name after he gave his speech at the 1867 conference.

“By publishing these writings I have initiated a scientific discussion based on facts,” he wrote in a letter published in 1864 in Deutsche Allgemeine, a pan-German newspaper.

NYTimes.com by Liam Stack, July 1, 2020

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Korean Adoptee Wins Landmark Case in Search for Birth Parents

In the first verdict of its kind, a South Korean court has ruled that Kara Bos, an American who is a Korean adoptee, is a daughter of an 85-year-old man in Seoul.

A court in Seoul ruled Friday that a Korean adoptee, adopted by an American couple almost four decades ago must be recognized as a daughter of an 85-year-old South Korean man, providing hope for the thousands of Korean-born adoptees who want to know the identities of their birth parents.adopted kids, adoption new york, new york adoption, new york state adoption

On Nov. 18, exactly 36 years after she was found abandoned in a parking lot in a city in central South Korea, Kara Bos, now an American citizen, filed her paternity lawsuit, the first in South Korea by an overseas adoptee. After winning the lawsuit, Ms. Bos now hopes to confront her father to ask him who her mother was.

Ms. Bos was flown to the United States 10 months after she was found abandoned, becoming one of thousands of South Korean babies and toddlers shipped annually out of their birth country for overseas adoption in the 1970s and ’80s.

In recent years, Ms. Bos has been making trips to South Korea in search of her birth mother. She wanted to meet her biological father not only to press him on her mother’s identity, but to find out why she was abandoned. But three women she believed to be her half sisters have blocked her from meeting the elderly man, claiming that she was not family. As a last resort, she filed the paternity lawsuit.

“Because of the lawsuit, I actually now have a right to register as his daughter,” Ms. Bos told reporters outside the Seoul Family Court following its ruling on Friday. The ruling followed DNA test results that showed a 99.9981 percent probability that the man and Ms. Bos were father and daughter.

Ms. Bos flew from Amsterdam to attend the court ruling on Friday. She has lived in Amsterdam since 2009 with her Dutch husband, a son and a daughter, running a drowning-prevention program for children.

If she is included in his father’s family registry, Ms. Bos by South Korean law will become entitled to split his inheritance with her other siblings. And her half sisters cannot stop her from meeting her father.

nytimes.com, June 12, 2020 by Choe Sang-Hun

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They were right: Same-sex marriage ‘changed everything.’ Well, by adding $3.7 billion to the economy.

When same-sex marriage was legalized in the United States in 2015, a lot of conservatives and religious folks predicted it would be the end of the world.  Instead, it added $3.7 billion to the economy.

Same-sex marriage = $3.7 billion.  In fact, on the day same-sex marriage was made legal, searches on the popular website Bible Gateway for “end times” reached an all-time high. Evangelical preacher Pat Robertson claimed that after the decision we’d all be having relations with animals.gay marriage $3.7 billion

“Watch what happens, love affairs between men and animals are going to be absolutely permitted. Polygamy, without question, is going to be permitted. And it will be called a right,” Robertson said.

Well, the world didn’t end and no one has married their cat … yet. But what did happen was a surge of economic activity.

A new study by the The Williams Institute found that since same-sex marriage was legalized nationwide in the United States in 2015, LGBT weddings have boosted state and local economies by an estimated $3.8 billion.

“Marriage equality has changed the lives of same-sex couples and their families,” the study’s lead author Christy Mallory, said in a statement. “It has also provided a sizable benefit to business and state and local governments.”

Since Massachusetts first legalized gay marriage in 2004, more than half a million same-sex couples have married in America.

The economic impact of same-sex marriage has created more than 45,000 jobs and generated an additional $244 million in state and local taxes. Over $500 million in revenue has been generated by friends and family members traveling to and from same-sex weddings.

upworthy.com, by Tod Perry, May 29, 2020

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