Huffington Post – April 5, 2010

A North Miami family at the center of a historic court case about Florida’s ban on gay adoptions is attending the White House Easter Egg Roll today.

Frank Martin Gill, his partner, and their three children were invited by the White House to participate in the tradition.

For more than five years, Gill and his partner have raised two half brothers who were taken from their abusive birth parents. A Florida judge approved the couple’s 2008 adoption of the brothers, ruling that Florida’s ban on gay adoptions was unconstitutional. But the state appealed that decision and the family is awaiting a ruling from Florida’s Third Court of Appeals.

Gill told Miami’s WTVJ that the invitation to the White House was “extremely gratifying” and that he saw it as evidence that the Obama administration does not discriminate. “Inviting us knowing that we are plaintiffs in this lawsuit, I think, yeah, it’s a pretty strong statement.”

Florida’s 1977 law against gay adoptions is only law in the country that is an outright bans gay and lesbian parents from adopting, according to The Advocate.

In 2009, the White House sent tickets to the event to gay, lesbian, bisexual, and transgendered families. More than 100 gay families were expected to attend last year.

President Obama has been criticized for his administration’s action on gay rights issues. While Obama said he would repeal the military’s ‘Don’t Ask, Don’t Tell’ rule during his State Of The Union Address, critics point to recent moves by Obama’s Department of Justice defending the rule.

Gay Adoption in Arizona

March 26, 2010 – The State Column

Arizona is considering a bill of a different sort; one that would block gays from the adoption process.

Under the proposal, gays and singles would be exempt from the adoption process; married couples alone would be considered. The bill, written by Republican State Representative Warde Nichols, seems to have little political support. However, it indicates that the gay marriage debate is alive and far from over.

Recent polls indicate voters’ main concern is the economy; however, gay marriage remains in the spotlight. Governor David Paterson, a pro-marriage advocate, recently opted out of the New York gubernatorial race, eliciting an outcry from the gay community. Harold Ford Jr. who is considering a run for the New York Senate Seat, found himself mired in controversy over his stance on gay marriage the same day. Meg Whitman, a gubernatorial candidate in California and the most prominent voice in a state embroiled in the gay marriage debate. Whitman, whose support from voters seems steady, recently came out in support of civil unions, but not marriage—a common position for candidates nowadays.

With the upcoming mid-term elections, state and federal organizations are ramping up their organizing efforts and volunteers. As first reported by the New York Times, a group of well-financed gay rights advocates started a political action committee to take aim at state senators opposing same-sex marriage. Meanwhile, the D.C. Appeals court recently unanimously rejected an attempt to stop the city from recognizing same-sex marriages next month. Surprisingly, anti-marriage supporters have found themselves with support in unlikely gay-marriage strongholds such as Iowa, where former-governor and current Fox News host, Mike Huckabee stumped for congressional candidates.

Regardless of what happens with gay marriage one thing is for certain: if the economy does not improve, gay marriage will be a side issue. Voters remain concerned about the direction of the economy and, as indicated by the summit held by U.S. President, Congressional members will be judged according to what happens with health care in the coming months. However, should Republicans reclaim the necessary seats to retake the House and Senate, that could change. The emergence of the Tea Party movement has pinned Republicans in a corner. Moderates can expect challenges to their records (see John McCain), forcing them to take more extreme positions in order to be reelected. If voters opt to dismiss Democrats, look for more measures like that proposed in Arizona.

Florida Legislature mulls gay adoption ban

By Ruth Schneider, 365gay.com
03.25.2010 9:00am EDT

The Florida Legislature took a tentative step forward as it considered bills in both the House and the Senate that would allow gay couples to adopt, reversing a ban that has been in place since the 1970s.

Late last week an amendment was attached to a bill seeking to eliminate a requirement to ask prospective parents whether they own firearms. The amendment added language that bans asking the sexual orientation of prospective parents.

“There’s many parents who serve as foster parents for years and are denied the right to adopt because of their orientation,” Sen. Charlie Justice told the Miami Herald. He filed the amendment, but later withdrew it.

“The groundbreaking amendment was immediately withdrawn, but not before giving Florida’s GLBT community a glimmer of hope for the future and the future of our families,” Megan Alfredson, a member of Students Advocating For Equality told 365gay.com, after watching the proceedings.

New York High Court Hears Argument in Lambda Legal Case to Protect Parent-Child Relationship Between Child and Non-Biological Mother

Lambda Legal Newsletter – 3.11.10

“We hope for a high court decision that will save this six-year-old child from the tragic loss of his mother and bring the law in line with the reality for many New York families.”

(New York, February 17, 2010) – Today, Lambda Legal argued before the New York State Court of Appeals on behalf of a non-biological mother after an intermediate appeals court denied her right to seek custody and visitation with, and provide financial support to the child she has parented with her former same-sex partner.

“This heartbreaking case calls on our high court to address the best interests of the child in sustaining his relationship with the person he has always known as his second parent,” said Susan Sommer, Director of Constitutional Litigation at Lambda Legal. “New York law governing children’s rights to their non-biological parents needs to be clarified by the court. Many other states protect a child’s relationship with a non-biological, non-adoptive parent. This child should not be at risk of losing the person who has been his mother all his life.”

Lambda Legal represents Debra H. in her effort to continue to parent the son she and her former partner, Janice R., planned together. The couple agreed they would raise a family together in a two-parent household and conceived their son using in vitro fertilization. Janice promised that Debra would formally adopt their child, and they met with an adoption lawyer prior to their son’s birth. In 2003, before he was born, they entered into a civil union in Vermont, which at that time was the most legally significant relationship available to same-sex couples under U.S. law. Debra was by Janice’s side throughout labor and delivery and cut their son’s umbilical cord; her last name was included in their son’s name on his birth certificate. In the years that followed Debra gave him the day and night love, nurture and care of a mother. When it came time for the second-parent adoption, Janice, an attorney, advised Debra “as a lawyer” that they didn’t need to get the courts involved and Debra would always be the boy’s parent. When the couple’s relationship ended in 2006, Debra continued actively to parent her son, who moved with Janice into an apartment only a block away. Debra and her son were together daily, and she often put him to bed.

In May of 2008, when the child was 4 ½ years old, Janice abruptly refused Debra any further contact with him. Debra immediately filed for emergency joint custody and restoration of parental access. The trial court ordered interim regular ongoing visitation and allowed Debra’s petition to proceed to trial. When Janice appealed, Lambda Legal entered the case in early 2009 on Debra’s behalf. The case was argued in the Appellate Division, First Department in March 2009, and on April 9, 2009, the trial court decision was reversed. The New York Court of Appeals then accepted the case for appeal. Many prominent legal and child welfare experts have filed friend-of-the-court briefs on Debra’s side, including the New York State Bar Association, the New York City Bar Association, the National Association of Social Workers, and 45 family law professors on the faculty of every law school in New York State.

The child’s court-appointed attorney also asked the court to give Debra the opportunity to protect their relationship.

“This boy needs his mother. New York should apply long-established law recognizing and protecting the parent-child relationships of children reared by parents with no biological ties. We hope for a high court decision that will save this six-year-old child from the tragic loss of his mother and bring the law in line with the reality for many New York families,” said Sommer.

Susan Sommer argued the appeal on behalf of Debra. She is joined by co-counsel Bonnie Rabin and Orrit Hershkovitz of Cohen, Hennessey, Bienstock & Rabin, P.C. Debra’s son is represented by Anthony Parisi, III and counsel Jennifer Colyer of Fried, Frank, Harris, Shriver & Jacobson LLP, who argued the case in the Court of Appeals.

The case is Debra H. v. Janice R.

D.C. law lets gay families be like any other

Baltimore Sun
1:40 PM EST, March 10, 2010

Kudos to Washington for legalizing same-sex marriage (“Wedding bells ring for same-sex couples in D.C.”, March 10). For the many couples who are or will be exchanging vows in D.C., they are no longer denied the rights of marriage that other Americans enjoy and take for granted.

I was moved by the photo of the tearfully happy female couple who were just married and by the statement of a male couple saying how their twin daughters will be part of a “family that is just like every other family in the District.” It is a scene that needs to be repeated in every state of the union, for only then can we move closer to saying that all are equal in this country.

Bill Klemer, Timonium

Florida Ponders Tax as Tool to Aid Family-Values Films

March 9, 2010
New York Times
By DAMIEN CAVE

MIAMI — The movie “Bait Shop” had too much boozing to earn the extra rebate from Florida’s “family friendly” program of incentives for film production. “Confessions of a Shopaholic” was, well, just too violent.

“There’s a scene where the woman is fighting over shoes and she is beating another woman with a shoe,” said Lucia Fishburne, the state’s film commissioner, adding: “We err on the side of conservative.”

But for Florida’s Republican leaders, that is apparently not enough. A bill that aims to expand the state’s film incentive program — an effort to attract jobs, which is likely to pass — would add language limiting a proposed 5 percent tax credit to productions that do not exhibit or imply “nontraditional family values.”

The bill’s sponsor, Representative Stephen L. Precourt, an Orlando Republican, told The Palm Beach Post that he wanted to encourage filmmaking akin to “The Andy Griffith Show.” On Tuesday, after declining requests to clarify what he meant, he released a statement denying that the new requirement for the tax break was in any way discriminatory.

It was an effort to manage a sudden controversy. State lawmakers had promoted the bill as Florida’s best bet for job creation, but this week three words left undefined started spinning through the blogosphere with the definition “nothing homosexual allowed.” One Democratic co-sponsor pulled his name from the bill, while a post on the liberal Daily Kos blog suggested Monday that Hollywood boycott the state “to give Florida exactly what they want.”

In an interview, Gov. Charlie Crist would not say whether he supported the bill’s new family friendly definition, but Ms. Fishburne said she was worried that the program was being misunderstood. She emphasized that the family friendly credit is a bonus, not a requirement: of 81 productions that received state rebates since 2007, only 8 have applied for what is now an extra 2 percent on top of the standard 15 percent. Six, including the Disney movie “Old Dogs,” have received it.

The new bill would increase all the incentives, creating a minimum tax credit of 20 percent for eligible productions with a budget of $625,000 or more. The family friendly bonus would go up to 5 percent, but the program would still be optional.

Right now the bonus can go only to movies suitable for a 5-year-old, with “cross-generational appeal” and “a responsible resolution of issues.”

Ms. Fishburne said the new bill’s language was more confusing.

“ ‘Nontraditional family values,’ we will have to be told what that is,” she said. “I’m not going to define it; there are a lot of different traditional values out there.”

John Stemberger, president of the Florida Family Policy Council, a conservative group that supports the bill, said that “traditional” means marriage between a man and a woman. He called the proposal “a brilliant idea” that was pro-family, not anti-gay.

But Brian Winfield, a spokesman for Equality Florida, said it was not just gay people who would be left out.

“There are millions of families led by single parents, there are millions of families led by gay couples, or families with children being raised by an aunt or uncle or grandparent,” Mr. Winfield said. “Every one of these fits into what has been offered as a possible definition of ‘nontraditional family values.’ Who knows who it would discriminate against?”

Gary Fineout contributed reporting from Tallahassee, Fla.

David Cameron: Tory party would give gay parents more time off

By Daily Mail Reporter
Last updated at 12:54 AM on 04th March 2010

Gays and lesbians in civil partnerships would receive extended paternity and maternity leave under the Tories.

David Cameron made the pledge in an interview with the gay magazine Attitude.

The Tory leader said the party’s proposal to extend paternity and maternity rights would apply to same-sex couples who adopted children or used artificial insemination.

Under Labour plans, maternity leave is to be extended to 52 weeks by 2010. After the first 26 weeks, parents can choose whether the mother or the father stays at home.

Conservative plans are more flexible, allowing parents up to 26 weeks of leave together.

Mr Cameron repeated his promise that gays in civil partnerships would enjoy the same tax breaks as married couples.

And he apologised for his party’s previous support for Section 28, the ban on promoting homosexuality in schools.

Surrogacy decriminalized in Australia

Under reforms in Australia, legal parentage of a child born in surrogacy agreements will transfer from the birth mother to the parent or parents who commissioned the birth. This extends to same-sex couples.

An opposition bill that would see surrogacy continue to be illegal for same-sex couples was debated but it failed to pass.

The Australian State Parliament made the decision after a lot of debate.

Premier Anna Bligh [pictured] has defended her Government’s new surrogacy laws – saying same-sex couples and singles are already becoming parents through artificial insemination.

Ms. Bligh told Parliament it would be wrong to ban them from having a child through surrogacy.

“The time for putting our heads in the sand on this issue is over,” she said.

Another Florida judge delivers ruling against gay adoption ban

“While the 1977 law remains in limbo, Sampedro-Iglesia’s ruling suggests some state court judges already have made up their minds about gay adoption, a thorny political issue in a state with a significant social conservative streak. ‘There is no rational connection between sexual orientation and what is or is not in the best interest of a child,” Sampedro-Iglesia wrote in her order. ‘The child is happy and thriving with [Alenier]. The only way to give this child permanency … is to allow him to be adopted’ by her. In her ruling, Sampedro-Iglesia declared Florida’s adoption law ‘unconstitutional on its face.’ For Alenier, who shares a home near downtown Hollywood with her longtime partner, Melanie Leon, the ruling made formal what she already knew she had – a family.”

Two Florida judges have already declared the ban unconstitutional.

Children thrive equally with same-sex, heterosexual parents, psychologist testifies at Prop. 8 trial

Los Angeles Times

January 15, 2010 | 12:23 pm
A Cambridge University developmental psychologist testified at a federal trial in San Francisco today that broad research has documented that children of same-sex parents are just as likely as those of heterosexual parents to be well-adjusted.

“Studies have found children do not require both a male and female parent,” testified Michael Lamb, who heads Cambridge’s Department of Social and Developmental Psychology.

Lamb was called by lawyers for two same-sex couples who are challenging Proposition 8 as a violation of federal constitutional guarantees of equal protection and due process. Proposition 8, approved by 52.3% of voters in 2008, amended the California constitution to ban same-sex marriage.

He said childhood adjustment is determined by the relationships parents have with children and their relationships to each other.

Lamb also said that studies show “no significant increase” in the proportion of children who become gay and lesbian when they are raised by same-sex couples rather than heterosexuals.

Children of same-sex couples are more vulnerable than their counterparts to be teased about their parents, but not more likely to be teased overall, he said. Lamb also said that children of gays and lesbians have fewer sexual stereotypes than children of heterosexuals.

Under questioning by a lawyer for the Proposition 8 campaign, Lamb admitted he was a member of the ACLU, the National Organization of Women, the NAACP, Amnesty International and the Nature Conservancy.

“And you have even given money to PBS, isn’t that correct?” asked David H. Thompson, who is defending Proposition 8. Thompson suggested Lamb was “a committed liberal.”

Thompson also elicited testimony from Lamb that “children clearly benefit when they have two parents, and both of them are actively involved.”

Thompson said that 2000 census data showed that 33% of lesbian households and 22% of gay men household were raising children and that most studies have dealt with lesbian mothers rather than gay fathers.

— Maura Dolan at the San Francisco federal courthouse