Indian Supreme Court to Reconsider Criminalization of Homosexuality

In 2013, the Indian Supreme Court shocked the nation and the world by re-criminalizing homosexuality.

Decades of progress, which had culminated in a 2009 ruling by a lower court to legalize same-sex activities, were swept away by the odd decision to reinstate a ban first imposed by British Colonial authorities in 1860. Tomorrow holds hope for change, however, as India’s supreme judicial body is set to decide whether or not to revisit the issue. Activists are hoping that the Indian Supreme Court, which is known for its progressive approach to civil rights and the rights of minority groups, will rectify what many have interpreted as a gross affront to human dignity in the world’s largest democracy.

International

Sadly, the legal challenge faced by LGBT people is not unique to India. While Britain has progressed immensely on LGBT issues in recent years—marriage equality is now legal in England, Scotland, Wales, and the Republic of Ireland—its legacy around the globe is far less positive. Of the 76 countries that still criminalize homosexuality, more than half of them do so because of laws imposed by the British Empire in the 19th century. Activists have repeatedly called upon Britain to pressure Commonwealth nations (former colonies) to overturn the archaic laws. At the opening ceremony for the 2014 Commonwealth Games, held in Glasgow just months after Scotland voted to legalize same-sex marriage, organizers included a same-sex kiss—something that was broadcast live to more than 1 billion people across the Commonwealth.

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Out.com by James McDonald, February 2, 2016
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Low Income LGBT Legal Needs Identified New Report

LGBT LegalLow Income LGBT Legal Needs Identified by New Report

The report is the first of its kind in the nation and provides insight into the civil legal challenges and discrimination faced by low income LGBT individuals. It analyzes survey data from more than 300 low-income New Yorkers on a range of LGBT legal issues related to violence and harassment, housing, income and disability assistance, immigration, health care, family, employment, education, and veterans’ rights. In addition to identifying key challenges, the report provides a series of concrete findings and recommendations to improve legal services for low-income LGBT people.

“The public doesn’t usually associate poverty with the LGBT community. Unfortunately, that perception is wrong: poverty is a huge problem for many LGBT people. Yet there are far too few LGBT legal resources to address the challenges and discrimination faced by low-income LGBT individuals,” said Cathy Bowman, LGBT & HIV Unit Director at Legal Services NYC’s Brooklyn office. “Our goal with this report is to raise awareness and generate action to fight poverty in the LGBT community,” said Adam Heintz, Director of Pro Bono Services at Legal Services NYC and a primary author of the report. “Mainstream legal services organizations and LGBT groups each have a vital role to play in that fight. Legal Services NYC was very fortunate to have hundreds of low-income LGBT people share their experiences with us for this report. We owe it to them to make sure their voices—which have so often been ignored—are heard now.”

Legal Services NYC, the largest civil legal services provider in the U.S., released today a report entitled Poverty is an LGBT Issue: An Assessment of the Legal Needs of Low-Income LGBT People.

The report’s findings were taken from a survey of 310 low-income LGBT people, along with additional data from community members, experts, and other sources.

Findings of the report on low income LGBT legal needs include:

• Low income LGBT people face many of the same challenges as others living in poverty: LSNYC’s survey found that 62% of low-income LGBT New Yorkers had difficulty paying for a basic need in the past year. Analysis of every civil legal practice area explored uncovered a substantial need for services.

• LGBT Legal challenges are exacerbated by discrimination, harassment, and violence: Survey respondents reported discrimination, harassment, and violence in a range of contexts. Transgender respondents described particularly pervasive discrimination.

•Anti-LGBT harassment in public places is common: 39% of survey respondents reported being verbally harassed in public for being LGBT in just the past year.

“The public doesn’t usually associate poverty with the LGBT community. Unfortunately, that perception is wrong: poverty is a huge problem for many LGBT people. Yet there are far too few legal resources to address the challenges and discrimination faced by low-income LGBT individuals,” said Cathy Bowman, LGBT & HIV Unit Director at Legal Services NYC’s Brooklyn office.

“Our goal with this report is to raise awareness and generate action to fight poverty in the LGBT community,” said Adam Heintz, Director of Pro Bono Services at Legal Services NYC and a primary author of the report. “Mainstream legal services organizations and LGBT groups each have a vital role to play in that fight. Legal Services NYC was very fortunate to have hundreds of low-income LGBT people share their experiences with us for this report. We owe it to them to make sure their voices—which have so often been ignored—are heard now.”

The report’s findings were taken from a survey of 310 low-income LGBT people, along with additional data from community members, experts, and other sources. Findings of the report include:

• Low-income LGBT people face many of the same challenges as others living in poverty: LSNYC’s survey found that 62% of low-income LGBT New Yorkers had difficulty paying for a basic need in the past year. Analysis of every civil legal practice area explored uncovered a substantial need for services.

• LBGT Legal challenges are exacerbated by discrimination, harassment, and violence: Survey respondents reported discrimination, harassment, and violence in a range of contexts. Transgender respondents described particularly pervasive discrimination.

•Anti-LGBT harassment in public places is common: 39% of survey respondents reported being verbally harassed in public for being LGBT in just the past year.

January 19, 2016 – legal Services NYC

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Ban On Same Sex Marriages Still In Effect

Ban On Same Sex Marriages Still In Effect Alabama Chief Justice Says

Alabama Chief Justice Roy Moore’s latest move stating ban on same sex marriages is still effective is “sad & pathetic,” Montgomery County Probate Judge Steven Reed tweeted on Wednesday.

Alabama Chief Justice Roy Moore, in an administrative order issued on Wednesday morning, announced that a ban on granting same-sex couples’ marriages remains in effect in Alabama until a specific court order is issued to end the ban.

Specifically, Moore wrote that a prior order of the Alabama Supreme Court that barred probate judges from issuing marriage licenses to same-sex couples remains in effect.

Moore’s order, however, makes no mention of a contradictory federal court injunction issued this past year.

The U.S. Supreme Court decision from this past June in Obergefell v. Hodges, Moore wrote, only specifically struck down the marriage bans in Kentucky, Michigan, Ohio, and Tennessee. While it is precedent that would be applicable to other states’ bans, he wrote, it is not a specific order that would end Alabama’s ban.

“[A]n order issued by a court with jurisdiction over the subject matter and person must be obeyed by the parties until it is reversed by orderly and proper proceedings,” he explained.

Moore concluded: “Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect.”

Moore stated that he issued the order as the head of the Unified Judicial System of Alabama and under his authority “to correct or alleviate any condition or situation adversely affecting the administration of justice within the state” or take other action “necessary for the orderly administration of justice within the state.”

by Chris Geidner – Buzzfeed.com, January 6, 2016

in In the News / Legal / Legislation / Recently Added  by Anthony Brown 0 comments

Surrogacy Ban In China Reversed?

Surrogacy Ban In China Reversed?

Last week Chinese authorities also decided to drop a plan to ban surrogacy. Now aspiring parents can seek the help of Chinese women to act as surrogate mothers to gestate and give birth to their children. If China had banned the use of surrogate mothers, only those Chinese wealthy enough to hire surrogates overseas, in countries such as the United States, would have been able to use the practice.

Surrogacy

The Standing Committee of the National People’s Congress, which is the main law-making body in China, decided last week to withdraw the draft legislation for banning use of surrogates. The move was surprising because China rarely reverses itself on a draft law after it has been publicized. Such a move could be seen as the government being indecisive, which could hurt its public image.

January 1 marks the official end of China’s one-child policy that for 36 years has forced couples to limit their offspring to slow the country’s population growth and now may plan to reverse their ban on surrogates.

“Some members of the Standing Committee argued the surrogacy cannot be totally forbidden,” Zhang Chunsheng, head of legal affairs at the National Health and Family Planning Commission, said at a news conference.

Even if there was a law banning it, “rich people would still be able to go abroad to countries where surrogacy is allowed,” Zhang said.

Surrogacy usually costs between $125,000 and $175,000 in countries such as the United States. The cost is somewhat less expensive in other countries, such as Thailand, India and Nepal, sources said.

Infertility rates rising

Some legislators argued that domestic surrogacy should be allowed because infertility rates are rising in China, and many aspiring parents need the option to have their own babies. A ban would only encourage the vast black market in the surrogacy business, which often results in exploitation of women, legislators said.

January 1, 2016 – VOANews.com by Saibal Dasgupta

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New Openly Gay Mayor, takes office in Salt Lake City

openly gayBiskupski, Salt Lake City’s New Openly Gay Mayor, takes office, pledges to build a more ‘inclusive’ city

Biskupski’s historic election, as the city’s first openly gay mayor, was met with warm reception on a brisk Monday afternoon. A crowd of about 500 welcomed her with a standing ovation after she took the oath of office on the steps of the Salt Lake City-County Building.

Biskupski’s fiancee, Becky Iverson, stood at the new mayor’s side as she was sworn in by Salt Lake County presiding Judge Shauna Graves-Robertson.

Following the ceremony, Biskupski said she’s committed to “building an inclusive and welcoming” Salt Lake City by improving air quality, welcoming businesses, creating opportunity for people from all walks of life, and rooting out crime and homelessness.

“The people of this city are why I ran my first race,” Biskupski said, referencing her unsuccessful bid for Salt Lake City Council in 1997. “And you are why I am standing here today. It is for you that I will work every day to build a city for everyone.”

Jackie Biskupski was sworn into office Monday, becoming Salt Lake City’s 35th mayor.

Biskupski was joined by members of the Salt Lake City Council, including Derek Kitchen and Andrew Johnston, who were also sworn into office for the first time Monday, and Charlie Luke, who begins a second term on the council.

Kitchen and Johnston replace former councilmen Luke Garrott and Kyle LaMalfa. Garrott ran an unsuccessful campaign for mayor, while LaMalfa did not seek re-election.

Former Mayor Ralph Becker watched from the crowd of onlookers as the new elected officials were sworn in. Becker served as mayor of Utah’s capital city for eight years before falling less than 1,200 votes short in his bid for a third term.

Click here to read the entire article.

By Katie McKeller, Deseret News, January 4, 2016

SALT LAKE CITY —

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Gay Man In China Sues Government Over Denial of Right to Marry Partner

Gay Man In China Sues Government Over Denial of Right to Marry Partner

Gay Man In China Sues Government Over Denial of Right to Marry Partner

A gay man in the central Chinese province of Hunan has filed a lawsuit against the government for refusing his application to marry his male partner, in a move that has been hailed as a major test case for LGBT rights in China, his lawyer told RFA on Monday.

Sun Wenlin, 26, filed the complaint against the Furong district civil affairs bureau in Hunan’s provincial capital Changsha earlier this month, challenging the bureau’s refusal to allow the couple to register their marriage.

Sun is arguing that current Chinese marriage law refers to the union of “husband and wife,” but without specifying the gender of either party to the marriage.

The argument rests on the idea that a person can identify as a husband or a wife without reference to their gender.

The complaint was filed at the Furong District People’s Court, which has until Dec. 23 to decide if it will accept the case.

Sun told the Wall Street Journal’s China Real Time blog: “We just hope that we can legally become each other’s family in our own country someday in our lifetime.”

“Our most basic desires and rights have been denied, and this is very difficult to vindicate. I feel very angry,” he said.

A ‘sensitive’ case

Meanwhile, Sun’s lawyer Shi Fulong told RFA that the rights of lesbian, gay, bisexual and transgender (LGBT) people have yet to fully enter public awareness in China.

“We have filed this administrative complaint because the civil affairs bureau failed to carry out its duty to register marriages,” Shi said. “We are appealing to the court to order it to proceed.”

He said the gradual liberalization of gay marriage in Western countries and some U.S. states has paved the way for changing attitudes in China.

“Gay marriage is now legal in a lot of countries, which affects a lot of individual rights including property rights and inheritance, as well as matters relating to children,” Shi said.

“All of these things are inherently tied up with marriage, and homosexuality is also subject to social conventions and questions of cultural tradition,” he said.

Shi said he hopes the case won’t be regarded as “sensitive” by the authorities.

“In my view, there’s no such thing as a sensitive case, because from a lawyer’s point of view, all clients are equal,” he said.

“We won’t treat our clients differently because of their ethnicity, their sexual orientation, or other differences.”

Long way to go

A Guangzhou resident who runs a support group for the friends and relatives of LGBT people said there is still a long way to go for LGBT rights in China, but welcomed Sun’s lawsuit.

“This is the first case to do with gay marriage in this country … and really it’s quite epoch-making,” the man, who gave only a nickname A Qiang, said.

“For gay marriage to become legal, it will have to win broad public support, and at the moment only about 22 percent support it, or thereabouts,” he said.

“There is still a long way to go for gay marriage in China, but the good thing is that there has been huge change [globally] in the past decade or so, and the overall trend is towards legalizing gay marriage,” he said.

Click here to read the entire article.

12.21.2015 by Xin Lin for RFA.org

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European Parliament condemns surrogacy

babybump The European Parliament has condemned surrogacy, even as it is being offered in Europe for $37,500.

The Parliament adopted a resolution condemning “the practice of surrogacy, which undermines the human dignity of the woman since her body and its reproductive functions are used as a commodity.” The resolution continues, “The practice of gestational surrogacy which involves reproductive exploitation and use of the human body for financial or other gain, in particular in the case of vulnerable women in developing shall be prohibited.”

Family and Christian groups applauded. The European Federation of Catholic Family Associations “warmly” approved the vote and called on the EU to follow on the statement in principle with instructions to member states to “systematically treat surrogacy as a matter of urgency, fighting human trafficking for reproductive exploitation” and to set up an international agency to “effectively stop this practice.”

Surrogacy is banned in many European countries while legal on a non-commercial basis, where only the mother’s expenses may be paid, in some others. An organization calling itself Fertility International Solutions is offering “surrogacy in Europe from $37,500” from a base in Kiev. Its Ukrainian surrogate mothers are paid “on an income-adjusted basis up 8 year’s salary [sic] for their incredible gift.”

In surrogacy, the surrogate mother either conceives a child from donor sperm and her own egg or accepts an embryo into her womb conceived in vitro using both donated egg and sperm. FIS charges “as low as” $37,500 for surrogacy involving a “shipped embryo” and at least $42,000 when only sperm is donated.

Dr. Joseph Meaney, director of international coordination for Human Life International, told LifeSiteNews that  surrogacy is wrong for many reasons, not least of which is that “it completely dissociates pregnancy from parenthood.”

“Children are treated as commodities that can be ‘made to order’ and bought,” a violation of “their human rights and dignity,” said Dr. Meaney. As well, “there is a clear exploitation of poor women who … let others use their eggs and/or their wombs.”

Dr. Meaney also warned of health problems associated with the drugs used to harvest women’s eggs and of the psychological harm to children. He told of one child of surrogacy saying, “My daddy’s name is ‘donor.'”

“This is just heartbreaking.”

Click here to read the entire article.

 

Decembers 18, 2015 by Steve Weatherbe, Lifesitenews.com

BRUSSELS, December 18, 2015 (LifeSiteNews.com)

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Surrogacy: Mexican state votes on ban

Mexican state votes to ban surrogacy for gay men and foreign people

Tabasco, currently the only state in Mexico allowing surrogacy, has drawn many foreign and gay couples seeking to become parents.surrogacy, mexican surrogacy

A Mexican state legislature has voted to close the door to foreign couples and gay men looking to have a child by
surrogate. The Gulf coast state of Tabasco is currently the only Mexican state that allows surrogacy, supposedly on a non-commercial basis. It has attracted many foreign and gay couples looking to have children.

But the Tabasco state legislature voted 21-9 on Monday to restrict the option to Mexicans. It also says that couples looking for a child must include a mother aged 25 to 40 who can present proof that she is medically unable to bear a child.

Click here to read the entire article.

 

Theguardian.com via Associated Press December 15, 2015

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Gay parents sue after IRS denies tax deduction for in-vitro fertilization, surrogate

irsTBO.com by Elaine Silvestrini, December 14, 2015

Is being gay, in a long-term committed relationship, the same as being biologically infertile?

That’s the argument being made by a Stetson law professor in a lawsuit against the federal government.

Joseph F. Morrissey, who teaches constitutional and business law at Stetson, is seeking to overturn a ruling by the Internal Revenue Service that denied him and his partner a tax deduction. The deduction would have been for costs associated with their use of in-vitro fertilization and a surrogate who gave birth to their twin sons.

 

An IRS revenue agent who denied the claim said Morrissey’s sexual orientation was a “choice,” according to the lawsuit filed in U.S. District Court in Tampa.

An IRS spokesman said the agency would have no comment on the lawsuit and wouldn’t discuss, even in general, the tax deductions involved.

Morrissey has been in a “monogamous, loving and committed relationship with his partner for 15 years,” the lawsuit says. Morrissey and his lawyers declined to discuss the case.

The partner, whose name is not given, became a Pinellas County middle school mathematics teacher after the couple moved to Florida in 2004 when Morrissey took a job at Stetson, according to the lawsuit.

The pair are now engaged to be married, after the U.S. Supreme Court struck down laws against same-sex marriage.

They have been trying since 2010 to have children, according to the suit. They initially considered adopting a child, but at the time it was still illegal in Florida for gays to adopt.

As the lawsuit notes, the adoption ban was ruled unconstitutional in late 2010, and officially repealed by the Legislature earlier this year.

The couple’s twin sons — biologically Morrissey’s — were born last year after several previous attempts failed.

“In the end, bringing twin boys into the world took nearly four years, seven IVF procedures (including those scrubbed at the last minute for failed medical exams), three surrogates, three egg donors, two clinics and more than $100,000,” the lawsuit says.

When the babies were born, Morrisey’s partner quit his job to become a stay-at-home father.

As a general rule, medical expenses are deductible only after they exceed 10 percent of the filer’s adjusted, gross income, according to Kris Siolka, spokeswoman for the National Association of Tax Professionals.

Morrissey filed for $36,538 in medical deductions on his amended federal tax return for the 2011 tax year.

While the amendment to his return was being reviewed, Morrissey wrote the IRS in 2014 arguing that the agency had allowed heterosexual couples’ deductions for fertility treatments, including the use of an egg donor.

But the IRS rejected the deductions for the costs associated with the egg donor and surrogate, writing that the medical services must be provided to the taxpayer, his spouse or dependent.

In December 2014, the IRS denied Morrissey’s appeal, the lawsuit states.

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in Egg Donation / In the News / IVF / Legal  by Anthony Brown 0 comments

The Story Behind America’s Youngest Gay Dad

Twenty-year-old Brian Mariano finds the normal life overrated as he explores being a gay dad with his 2-year-old son Aison.

Mariano became a father with then-girlfriend Kelly when he was still in high school, and the two are negotiating all the struggles of young parenthood – plus a few extra. As a father, Brian Mariano feels lucky to have close family and friends who support him. But the gay dad (the youngest American gay dad we know of) from Newton, Massachusetts, admits that sometimes some people just don’t get him.

“Everybody in my life is really supportive of me,” he said. “If it’s someone new and a friend mentions I’m a dad, they will stop. ‘Wait, what? How are you a dad? You’re gay.’ It’s like that ‘Mean Girls’ quote sometimes. You know – ‘if you’re from Africa, why are you white?’”Gay dad

Still, Mariano knows that from the outside looking in, his story is anything but typical. The young man was a junior in high school when his girlfriend, Kelly, became pregnant. They had been dating for a year.

“I like to refer to myself as a ‘Kellysexual,’ which may sound really weird,” he said. “I’m gay, but there’s Kelly. Everybody kind of knew that I was gay. I didn’t really have to say it. People will come along and ask if our relationship was a cover-up. And I say, well, I got her pregnant, so I don’t think that’s the case.”

Kelly gave birth to Aison Mariano-Nichols, who will be turning 3 years old in March. The two stayed together for the first two years of Aison’s life before they eventually split.

Click here to read the entire story

 

gayswithkids.com – December 12, 2015 by Michael Lambert

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