Which Mother for Isabella? Civil Union Ends in an Abduction and Questions

July 28, 2012 – New York Times
By

MANAGUA, Nicaragua — Lisa A. Miller and her daughter, Isabella, started their fugitive lives here in the fall of 2009, disguised in the white scarves and long blue dresses of the Mennonites who spirited them out of the United States and adopting the aliases Sarah and Lydia.

Now 10, Isabella Miller-Jenkins has spent her last three birthdays on the run, “bouncing around the barrios of Nicaragua,” as one federal agent put it, a lively blond girl and her mother trying to blend in and elude the United States marshals who have traveled to the country in pursuit.

She can now chatter in Spanish, but her time in Nicaragua has often been lonely, those who have met her say, long on prayer but isolated. She has been told that she could be wrenched from her mother if they are caught. She has also been told that the other woman she once called “Mama,” Ms. Miller’s former partner from a civil union in Vermont that she has since renounced, cannot go to heaven because she lives in sin with women.

Isabella’s tumultuous life has embodied some of America’s bitterest culture wars — a choice, as Ms. Miller said in a courtroom plea, shortly before their desperate flight, “between two diametrically opposed worldviews on parentage and family.”

Isabella was 7 when she and Ms. Miller jumped into a car in Virginia, leaving behind their belongings and a family of pet hamsters to die without food or water. Supporters drove them to Buffalo, where they took a taxi to Canada and boarded a flight to Mexico and then Central America.

Ms. Miller, 44, is wanted by the F.B.I. and Interpol for international parental kidnapping. In their underground existence in this impoverished tropical country, she and Isabella have been helped by evangelical groups who endorse her decision to flee rather than to expose Isabella to the “homosexual lifestyle” of her other legal mother, Janet Jenkins.

In a tale filled with improbables, an Amish Mennonite sect known for simple living and avoiding politics has been drawn into the high-stakes criminal case: one of its pastors is facing trial in Vermont on Aug. 7 on charges of abetting the kidnapping.

The decade-long drama touches on some of the country’s most contentious social and legal questions, including the extension of civil union and marital rights to same-sex couples and what happens, in the courts and to children, when such unions dissolve.

Click here to read the entire article.

Children of Gay Federal Workers May Receive Health Coverage

New York Times  by Tara Siegel Bernard – July 26, 2012

A proposed rule would extend health insurance to the children of gay people who are partnered with federal employees. But the domestic partners themselves would still be blocked from coverage because of the federal law that defines marriage as between one man and one woman.

The rule, proposed by the Office of Personnel Management last week, was written in response to a 2009 memo by President Obama that asked the agency’s director to figure out where it was possible to extend benefits to qualified same-sex partners of federal workers and their families under the confines of the current law.

The proposal is significant because same-sex couples often have trouble establishing legal ties to their children, as I pointed out in a column published on Saturday. Many states only allow one parent to form legal links to a child, which often leaves both the parent and child vulnerable. The child, for instance, may be unable to receive insurance through the employer of a nonbiological parent, which can be a particularly big burden if that parent is the sole breadwinner.

Click here to read the entire article.

Massachusetts SJC: Civil Unions Equivalent to Marriage

GLAD Applauds Groundbreaking Ruling

In an important unanimous decision issued today, the Massachusetts Supreme Judicial Court ruled for the first time that a civil union must be treated as equivalent to marriage.

The ruling came in the case Elia-Warnken v. Elia. Gay & Lesbian Advocates & Defenders (GLAD) represented Richard Elia, who obtained a license to marry Todd Warnken in October 2005. Mr. Elia did not know at the time that Mr. Warnken was in a civil union with another person, which they had entered into in Vermont in April 2003. Mr. Warnken and Mr. Elia lived together as spouses until December 2008, and Mr. Warnken filed for divorce in April 2009. Upon learning that Mr. Warnken had never dissolved his pre-existing civil union, Mr. Elia filed a motion to dismiss the divorce complaint, arguing that because of the civil union their marriage was never valid and therefore there was nothing to dissolve.

The SJC agreed. “[R]efusing to recognize a civil union would be inconsistent with the core legal and public policy concerns articulated in Goodridge … protection and furtherance of the rights of same-sex couples.”

“It has always been the law of the Commonwealth that a person may have only one spouse at a time, and this was simply a matter of consistently applying long established principles to the legal relationships of same-sex couples,” said Senior Staff Attorney Ben Klein. “We’re pleased that the SJC decided that spouses in civil unions are bound by the same rules as spouses in a marriage when it comes to dissolving legal relationships before entering into a new legal relationship with a different person.”

“The Court made a fair decision that ensures that other people in my situation will be treated equally, because no one should have to go through what I’ve been through,” said Mr. Elia. “I am happy this case is over and I can move on with my life.”

 

The decision can be read on here on GLAD’s website.

 

Gay & Lesbian Advocates & Defenders is New England’s leading legal organization dedicated to ending discrimination based on sexual orientation, HIV status, and gender identity and expression.

Protecting Kids and Families in North Carolina

By James Esseks, Lesbian Gay Bisexual Transgender & AIDS Project June 13, 2012

We’ve just filed a new federal case in North Carolina to ensure that kids being raised by lesbian or gay parents can have legally protected relationships with both of the parents who are raising them. North Carolina bans second parent adoption – which is the name for that kind of protection – and the stories of two of our plaintiff families illustrate just how harmful the ban is.

Crystal Hendrix and Leigh Smith are raising two children together, 2-year-old Quinn and Joe, their baby. Crystal carried each of them and of course is recognized as their mother. But Leigh, the stay-at-home mom, can’t become a legal parent because of the ban on second parent adoption. Crystal’s parents have never accepted the women’s relationship, so both Crystal and Leigh have a real concern about what would happen if Crystal were to die or become legally incapacitated, with Leigh remaining a legal stranger to the kids.

Click here to read the entire article.

Gay couples and women over 40 to receive fertility treatment through NHS

by Edmund Broch
22 May 2012
Pinknews.co.uk

Same-sex couples and women over 40 will be entitled to free in-vitro fertilisation (IVF) treatment through the National Health Service (NHS), for the first time according to guidelines to be published today.

The recommendations, which puts same-sex couples on par with heterosexual couples when it comes to fertility treatment, is issued by the government watchdog for cost-effective treatment in the NHS, National Institute for Health and Clinical Excellence (NICE).

Then new guidelines also call on health authorities in England and Wales to fund intra-uterine insemination (IUI), which uses donor sperms to help same-sex couples conceive. If IUI should fail for six cycles in a row, then, they should be considered for the more costly, and medically complex IVF, the guidelines will say.

These consequences follow the implementation of the Human Fertilisation and Embryology Act, passed by Labour in 2008, which put same-sex parenting and heterosexual parenting on equal footing in the eyes of the law.

That there has been a concomitant increase in demand from gay couples for fertility services is confirmed by figures: for example, in the three years from 2007 to 2010, the number of lesbian couples undergoing IVF nearly trebled from 178 to 417. Till now, gay couples usually had to resort to private treatment, which cost up to £8,000 per couple, with a reduction in the chances of successful conception with increase in age.

To read the complete article, click here.

What today’s US Supreme Court ruling in Astrue v. Capato might mean for children of LGBT parents

May 21, 2012 – by Nancy Polikoff – Beyond (Straight and Gay) Marriage

 

In a unanimous opinion written by Justice Ruth Bader Ginsburg, the US Supreme Court today weighed in on how the Social Security Act defines “child” for purposes of receiving survivor’s benefits when a covered employee dies.  Karen Capato was seeking such benefits for twins born 18 months after the death of her husband, Robert.  The twins were conceived by IVF after Robert’s death using semen he had frozen before this death specifically for that purpose.
Karen claimed the children were entitled to benefits because they inherently met the definition of “child” since they were the biological children of married parents.  The Social Security Administration (SSA) looked to a separate statutory provision and ruled that the determination of eligibility rested in state intestacy law; if the children could inherit from Robert if he died without a will then they were eligible for benefits.  Under the law in Robert’s domicile at the time of his death  — Florida — children conceived post-death do not inherit without a will, so the twins were not Robert’s children for purposes of receiving benefits.
In Astrue v. Capato, the Supreme Court ruled in favor of the SSA.  Although I generally favor expansive distribution of benefits and novel claims as to what makes a parent, I found the opinion satisfying on a number of levels.  First, Karen’s claim was that the children were so obviously Robert’s children that it was inappropriate to look at any other part of the statute, including the intestacy test, for a definition.  Why was this so obvious? Because, Karen argued, they were the biological children of married parents.  I took great pleasure in Justice Ginsburg’s criticism of that argument.  Karen tried to claim that it was unconstitutional to distinguish between children conceived pre- and post-death, but Justice Ginsburg virtually chastised Karen for arguing that the SSA should “eliminate the intestacy test only for biological children of married parents.” (emphasis in original!) Justice Ginsburg clearly did not think highly of Karen asking the Court to distinguish between “children whose parents were married and children whose parents’ liaisons were not blessed by clergy or the State.”

Click here to read the complete article.

In Choosing a Sperm Donor, a Roll of the Genetic Dice

May 14, 2012 – New York Times
By JACQUELINE MROZ

Sharine and Brian Kretchmar of Yukon, Okla., tried a number of medical treatments to conceive a second child. After a depressing series of failures, a doctor finally advised them to find a sperm donor.

For more than a year, the Kretchmars carefully researched sperm banks and donors. The donor they chose was a family man, a Christian like them, they were told. Most important, he had a clean bill of health. His sperm was stored at the New England Cryogenic Center in Boston, and according to the laboratory’s Web site, all donors there were tested for various genetic conditions.

So the Kretchmars took a deep breath and jumped in. After artificial insemination, Mrs. Kretchmar became pregnant, and in April 2010 she gave birth to a boy they named Jaxon.

But the baby failed to have a bowel movement in the first day or so after birth, a sign to doctors that something was wrong. Eventually Jaxon was rushed to surgery. Doctors returned with terrible news for the Kretchmars: Their baby appeared to have cystic fibrosis.

“We were pretty much devastated,” said Mrs. Kretchmar, 33, who works as a nurse. “At first, we weren’t convinced it was cystic fibrosis, because we knew the donor had been tested for the disease. We thought it had to be something different.”

But genetic testing showed that Jaxon did carry the genes for cystic fibrosis. Mrs. Kretchmar had no idea she was a carrier, but was shocked to discover that so, too, was the Kretchmars’ donor. His sperm, they would later discover, was decades old, originally donated at a laboratory halfway across the country and frozen ever since. Whether it was properly tested is a matter of dispute.

Sadly, the Kretchmars’ experience is not unique. In households across the country, children conceived with donated sperm are struggling with serious genetic conditions inherited from men they have never met. The illnesses include heart defects, spinal muscular atrophy, neurofibromatosis type 1 and fragile X syndrome, the most common form of mental retardation in boys, among many others.

Hundreds of cases have been documented, but it is likely there are thousands more, according to Wendy Kramer, founder of the Donor Sibling Registry, a Web site she started to help connect families with children who are offspring of the same sperm donor.

 

 

Click here to read the entire article.

Gay on TV: It’s All in the Family

May 8, 2012
New York Times, By

On “Glee” this spring, a transgender character named Unique is competing in a sing-off. On “Grey’s Anatomy,” Arizona and Callie are adjusting to married life, having been pronounced “wife and wife” last year.

On “Modern Family,” the nation’s most popular television show, Cameron and his partner Mitchell are trying to adopt a second child.

What’s missing? The outrage.

The cultural battlefield of television has changed markedly since the 1990s, when conservative groups and religious figures objected to Ellen DeGeneres coming out and “Will & Grace” coming on.

Today, it’s rare to hear a complaint about shows like “Modern Family” or the drama “Smash,” which has five openly gay characters, or the sitcom “Happy Endings,” which, against stereotype, has a husky and lazy gay male character.

To the contrary. Mitt Romney is known to be a fan of “Modern Family,” and a Catholic group gave it a media award this month.

Next week in New York the major networks will announce a slate of new shows, including a sitcom on NBC that features a gay couple and their surrogate. The title: “The New Normal.”

At a time when gay rights are re-emerging as an election year issue — in part because of Vice President Joseph R. Biden Jr.’s stated support for gay marriage on Sunday — activists and academics say that depictions of gay characters on television play a big role in making viewers more comfortable with their gay, lesbian and transgender neighbors.

Click here to read the entire article.

A Watershed Move, Both Risky and Inevitable

May 9, 2012
New York Times

President Obama’s endorsement of gay marriage on Wednesday was by any measure a watershed. A sitting United States president took sides in what many people consider the last civil rights movement, providing the most powerful evidence to date of how rapidly views are moving on an issue that was politically toxic just five years ago.

Mr. Obama faces considerable risk in jumping into this debate, reluctantly or not, in the heat of what is expected to be a close election. The day before he announced his position, voters in North Carolina — a critical state for Mr. Obama and the site of the Democratic convention this summer — approved by a 20-point margin a constitutional amendment banning same-sex marriage. It was the 31st state to pass such an amendment.

As George W. Bush demonstrated in 2004, when his campaign engineered initiatives against gay marriage in a series of swing states, opponents are far more likely to vote on these issues than supporters. Mitt Romney, the probable Republican presidential candidate, was quick to proclaim his opposition to gay marriage after Mr. Obama spoke. And however much national attitudes may be shifting, the issue remains highly contentious among black and Latino voters, two groups central to Mr. Obama’s success.

Yet as Mr. Obama has clearly come to recognize, the forces of history appear to be changing. The president was at risk of seeming politically timid and calculating, standing at the sidelines while a large number of Americans — including members of both parties — embraced gay marriage. That is a particularly discordant image, many Democrats said, for the man who was the nation’s first black president.

Click here to read the entire article.

GLAD Publishes Transgender Family Law Book

Mombian.com May 3, 2012

Gay & Lesbian Advocates & Defenders (GLAD) has just announced the publication of Transgender Family Law: A Guide to Effective Advocacy, “the first book to comprehensively address legal issues facing transgender people in the family law context and provide practitioners the tools to effectively represent transgender clients.”

Co-editor Jennifer Levi, director of GLAD’s Transgender Rights Project, called the book “a road map for transgender individuals and their attorneys to navigate the family court system in this evolving area of law.”

To read more, click here!

She explained, “Some of the most heartbreaking stories I have heard in my career as an LGBT legal advocate involve transgender people in family courts. The rights of transgender people—as parents, spouses, and simply as human beings—are often trammeled in family court because of pervasive bias and misunderstanding. ”