Australian MP opposes same-sex adoption

By 365gay Newswire
08.06.2009 4:00pm EDT

(Australia) Dorothy Pratt, an Australian Member of Parliament and independent, said that homosexuality was not a normal part of life after disagreeing with plans to legalize gay adoption reports the Pink News.

“I must say I was very pleased there was no allowance in this bill for homosexual couples to adopt a child,” she said.

Pratt, an MP for the Nanango district of Queensland, expressed her opposition to gay adoption and said that she believes a child should be raised by one mother and one father so it can have “a balanced view.”

“I feel very strongly about that particular thought that . . . I’m not saying they aren’t loving people, I’m not saying they wouldn’t be fabulous parents, but I am saying that in my opinion a child deserves a mother and a father if possible and that whether you regard homosexual activity as a normal part of life or not, I don’t,” she said.

Other Queensland parliament MPs, such as Christine Smith, spoke out in support for same-sex adoption.

“I acknowledge people have very strong and opposing views on the sensitive issue of same sex adoption,” said Smith. “I believe that same sex couples should be assessed by the same standards as any other couple on their suitability to adopt.”

Prior to the controversy surrounding Pratt, Australian Prime Minister Kevin Rudd announced last week that he would not do away with the country’s anti-gay marriage laws.

Maine court upholds IBM heir’s adoption of lover

(Portland, Maine) Maine’s highest court has given a legal victory to a woman who stands to stake a claim to a share of one of America’s premier business fortunes thanks to her adoption by her lesbian partner.

The Maine Supreme Judicial Court on Thursday overturned a 2008 lower court decision that annulled the adoption.

At issue was whether it was legal for a judge to allow Olive Watson to adopt Patricia Spado in 1991 in Knox County, where the longtime partners spent several weeks each summer on North Haven. Watson was the daughter of the late Thomas Watson Jr., who built IBM into a computer giant.

The relationship ended a year after the adoption. Thomas Watson’s heirs challenged the adoption in court in 2005.

Lawyers say the case now moves to a Connecticut probate court to determine if Spado is entitled to any of the family trust.

Florida governor shows signs of changing views on gay adoption ban



(Florida) While answering reporter questions in Tallahassee, Florida Governor Charlie Crist indicated that he might consider legislation to change a law that prevents same sex couples from adopting.

When questioned whether he would support changes to the law, Gov. Crist told reporters, “I’d have to think about it.”

Three hours later, however, Gov. Crist reaffirmed his support for “traditional families” only to adopt while speaking at an event in Jacksonville as a part of his statewide tour for “Explore Adoption Day.”

In 1977, Florida passed a law that made it the only state in the country to ban gay adaption. The American Civil Liberties Union is currently suing to have the law overturned. ACLU and other groups believe that preventing gay adoption prevents some children from being adopted.

“Excluding a class of people is harmful to children, particularly those in our state who have had gay foster parents,” ACLU spokesman Larry Spalding told The Associated Press.

Senate Votes to Expand Federal Hate Crimes Laws

New York Times,
July 17, 2009

Filed at 7:43 a.m. ET

WASHINGTON (AP) — People attacked because of their sexual orientation or gender would receive federal protections under a Senate-approved measure that significantly expands the reach of hate crimes law.

The Senate bill also would make it easier for federal prosecutors to step in when state or local authorities are unable or unwilling to pursue hate crimes.

”The Senate made a strong statement this evening that hate crimes have no place in America,” Senate Majority Leader Harry Reid, D-Nev., said after the chamber voted Thursday to attach the legislation as an amendment to a $680 billion defense spending bill expected to be completed next week.

The House in April approved a similar bill and President Barack Obama has urged Congress to send him hate crimes legislation, presenting the best scenario for the measure to become law since Sen. Edward Kennedy, D-Mass., first introduced it more than a decade ago.

Republicans will have the opportunity to propose several more changes to the hate crimes bill on Monday, but that will not change its status as part of the must-pass defense bill.

Passage of the bill would effect the most significant extension of hate crimes law since Congress first acted in 1968 after the assassination of Martin Luther King Jr.

The 1968 law defines hate crimes as those carried out on the basis of race, color, religion or national origin. It also limits federal involvement to when the victim is engaged in a narrow range of activities, including attending a public school, serving as a juror or participating in an event administered by a state or local government.

The proposed legislation expands federal hate crimes to include those perpetrated against people because of gender, sexual orientation, gender identity or disability. It also removes restrictions on federally protected activities.

”There is no room in our society for these acts of prejudice,” said Sen. Jeff Merkley, D-Ore. ”Hate crimes fragment and isolate our communities. They tear at our collective spirit.”

Some 45 states have hate crime statutes, and investigations and prosecutions would remain mainly in state and local hands. But the bill provides federal grants to help state and local officials with the costs of prosecuting hate crimes and funds programs to combat hate crimes committed by juveniles. The federal government can step in after the Justice Department certifies that a state does not have jurisdiction or is unable to carry out justice.

Joe Solmonese, president of Human Rights Campaign, the nation’s largest gay rights group, said it ”will provide police and sheriff’s departments with the tools and resources they need to ensure that entire communities are not terrorized by hate violence.”

The Senate approved the measure by voice vote after a 63-28 procedural vote was needed to allow its consideration as part of the defense bill. The 28 no votes were all Republicans. Five Republicans voted for it, giving supporters the 60 votes they needed.

Opponents of the bill, including conservative religious groups, argued that it infringes on states’ rights and could intimidate free speech.

”The bill could potentially imperil the free speech rights of Christians who choose to speak out against homosexuality — which could even be extended to preaching against it,” The Christian Coalition of America said in a statement.

Supporters countered that prosecutions under the bill can occur only when bodily injury is involved, and no minister or protester could be targeted for expressing opposition to homosexuality, even if their statements are followed by another person committing a violent action.

To emphasize the point, the Senate passed provisions restating that the bill does not prohibit constitutionally protected speech and that free speech is guaranteed unless it is intended to plan or prepare for an act of violence.

The bill is named for Matthew Shephard, a gay Wyoming college student who was murdered in 1968.

The FBI receives reports of nearly 8,000 hate crimes each year. Of those, about 15 percent are linked to sexual orientation, which ranks third after those involving race and religion.

——

The Senate hate crimes bill is S. 909.

Miami judge who struck gay adoption ban demoted


(Miami) A Miami-Dade circuit court judge who ruled Florida’s gay adoption ban is unconstitutional has been demoted.

Judge Cindy Lederman has been removed from her 15-year post as top administrative judge over Miami-Dade’s juvenile courts. The new chief justice over Miami courts says he wanted new perspectives and leadership.

Lederman ruled in November 2008 that Florida’s gay adoption ban was unconstitutional, a case now on appeal. She also oversaw numerous juvenile justice programs in Miami and publicly scolded state officials in 2002 following the disappearance of 5-year-old foster child Rilya Wilson.

The new top judge in Miami’s juvenile courts is Orlando Prescott. Lederman will remain a juvenile court judge and says she respects the decision.

NEA calls for LGBT rights

By Jennifer Vanasco, editor in chief, 365gay.com
07.08.2009 9:25am EDT

(Washington) The National Education Association adopted two resolutions calling for lesbian, gay, bisexual and transgender rights at its annual conference last week.

The resolutions say that the organization opposes the “discriminatory treatment of same-sex couples and its belief that such couples should have the same legal rights and benefits as similarly-situated heterosexual couples.” They also call for the “passage of a federal statute prohibiting federal discrimination on the basis of sexual orientation or gender identity and expression.” The NEA also committed itself to supporting the enactment of LGBT equality at local, state and federal levels.

The NEA falls short of asking for gay marriage – instead, it says:

“NEA does not believe that a single term must be used to designate this legally recognized “equal treatment” relationship, and recommends that each state decide for itself whether “marriage,” “civil union,” “domestic partnership,” or some other term is most appropriate based upon the cultural, social, and religious values of its citizenry.”

The National Education Association is the nation’s largest professional employee organization with over 3.2 million members. Members work at every level of education — from pre-school to university graduate programs.

Designated beneficiaries in Colorado

July 1, 2009

Today marks the first day that unmarried or same sex couples can file to be designated beneficiaries in the state of Colorado. Thanks to our legislature and governor, we can now receive a number of important rights to grant to the person of our choice including:

Property transfer

Designated beneficiary for life insurance, trusts, pension plans,and retirement plans

Hospital visitation

Medical decisions

Organ donations

Workman’s comp benefits.

Coloradoans should immediately take advatage of this. The steps to do so cost nothing. Go to designatedbeneficiaries.org, print out the form, get it signed and notarized, and then file it with the county clerk and recorder’s office. Just like that you’ve got State of Colorado protected rights!

Thanks to all the state legislators for their hard work and to Governor Ritter for signing this important piece of legislation.

News Alert: There Are 50 States & Michael Jackson’s Children Were Born in Only One – California

 

California is one of the only states that permits the intent of the parent(s) to govern their parental rights, so that the intended parent (or intended parents) are listed as the legal parents on the birth certificate, regardless of biological connection, so long as this intent is formalized in an agreement/consent.

I, like all of us, have been intently watching the news involving Michael Jackson and his children, yet what amazes me is that lawyers on TMZ and other national news outlets are declaring that Michael “never formally adopted the children.” Therefore, he must not be the father of these children…..And, they then ask, who are the parents of these children?

Well, guess what? He is the father – no adoption required in this case no matter if he is the biological father or not, which appears to be the case for all three children. In California, surrogacy law is very clear as to who is the parent, regardless of biological connection, based upon intent. We can only guess at the facts in this case, but a birth in California with a surrogate, egg donor and sperm donor, will not affect his rights to these children, or the rights of his children to his estate. The only uncertainty is the fact that he was married to Ms. Rowe at the time of the birth of the first two children. She may certainly have a claim if she remains on the birth certificate, again even if an egg donor was used.

What people have to remember is that almost all people have the desire to be a parent, even Michael Jackson, so we need to remember his intentions to be a father, instead of focusing on the drama surrounding these children. Let’s hope they can move forward without their father in their lives and become successful adults without the media making it worse

Jackson’s youngest highlights donor, surrogate secrecy

By Janice Lloyd, USA TODAY

If Michael Jackson’s youngest child ever wants to explore his roots, the task probably will be daunting and perhaps impossible, legal experts say.

Adopted children in many states are able to contact their biological parents once they reach a certain age, but those avenues are not as available for children whose conceptions are the result of assisted-reproduction technology.

Unless Jackson left information about the woman who donated the egg or the surrogate or donor come forward, experts say it is doubtful the child will ever know everything.

“This is the same issue that came up many years ago with adoption,” says Judith Sperling-Newton, a lawyer for the Law Center for Children & Families in Madison, Wis. “With adoption there’s been a great deal of legislation to have adoption search agencies and the opportunity for placing parents to reconnect with children years later, but we haven’t had anything like that (on a large scale) with respect to assisted reproduction.”

Debbie Rowe was married to Jackson and gave birth to the first two children. The youngest child was born to an unidentified surrogate. Rumors about his sperm and egg donor have been topics of discussion.

Assisted reproduction has become a method for infertile couples, gay couples and singles to have children. The technology leads to the births of tens of thousands of children every year. At the beginning of the process, experts say, intended parents enter into contracts with egg, sperm and/or embryo donors and the surrogates to protect themselves and the confidentiality of the donors.

“It’s not just about secrecy,” Sperling-Newton says. “It is because in some areas of the law, we don’t have 100% protection for the recipient parents that a biological parent couldn’t come back at some point and say, ‘That’s my baby.’ That’s why confidentiality documents are drafted.” The documents also prevent children and parents from going back to the donor and asking for financial support.

Official birth certificates also are not likely to carry names other than those of the intended parents, says John Greene, a law partner with Cohen & Greene in Annapolis, Md.

Dean Masserman, a lawyer in Southern California and owner of an egg-donor company, says surrogates are not identified on birth certificates because they are “not considered to be parents. Most often the egg used is from a donor and the surrogate is only a carrier.”

Medical records and hospital records would list the surrogate’s name, says Michelle Keeyes, a lawyer with the National Fertility Law Center, but “those records are sealed records and could only be opened under a court’s order.”

Sperling-Newton says she cannot recall a case in which the surrogate wanted to know the offspring. She agrees with Masserman that surrogates are rarely the egg donors. “They’re incredibly altruistic people who are doing this service for parents who want to have children.”

Sperling-Newton says more needs to be done regarding fertility law. “The law in the area of assisted reproduction is decades and decades behind science,” she says.

Indian Court Overturns Gay Sex Ban

July 3, 2009, New York Times

NEW DELHI —In a landmark ruling Thursday that could usher in an era of greater freedom for gay men and lesbians in India, New Delhi’s highest court decriminalized homosexuality.

“The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognizing a role in society for everyone,” judges of the Delhi High Court wrote in a 105-page decision, India’s first to directly address rights for gay men and lesbians. “Those perceived by the majority as ‘deviants’ or ‘different’ are not on that score excluded or ostracized,” the decision said.

Homosexuality has been illegal in India since 1861, when British rulers codified a law prohibiting “carnal intercourse against the order of nature with any man, woman or animal.” The law, known as Section 377 of India’s penal code, has long been viewed as an archaic holdover from colonialism by its detractors.

“Clearly, we are all thrilled,” said Anjali Gopalan, the executive director and founder of the Naz Foundation, an AIDS awareness group that sued to have Section 377 changed.

“It is a first major step,” Ms. Gopalan said during a news conference in Delhi, but “there are many more battles.”

Thursday’s decision applies only in the territory of India’s capital city, but it is likely to force India’s government either to appeal the decision to the Supreme Court, or change the law nationwide, lawyers and advocates said.

Outside the hall where the Naz Foundation news conference was held, dozens of young men and women gathered to celebrate, along with a group of hijras, men who dress and act like women who classify themselves as belonging to neither gender. “It is a victory of human rights, not just of gay rights,” said one 22-year-old man who only identified himself as Manish.

Gay men and women have rarely been prosecuted under Section 377 in India in modern times, but it has been used to harass, blackmail and jail people.

Britain legalized homosexuality in England and Wales in 1967, but many of its former colonies, including Singapore, Zimbabwe and Malaysia, still retain strict laws against same-sex relations.

India’s society is generally unwelcoming of homosexuality except in the most cosmopolitan circles. It is not uncommon for gay men and women to marry heterosexuals and have families, while carrying on secret relationships with members of the same sex.

In their decision, Chief Justice A. P. Shah and Justice S. Muralidhar declared Section 377, as it pertains to consensual sex among people above the age of 18, in violation of important parts of India’s Constitution. “Consensual sex amongst adults is legal, which includes even gay sex and sex among the same sexes,” they said.

The old law violates Article 14 of the Constitution, which guarantees all people “equality before the law;” Article 15, which prohibits discrimination “on grounds of religion, race, caste, sex or place of birth;” and Article 21, which guarantees “protection of life and personal liberty,” the judges said.

Acceptance of homosexuality has thawed somewhat in recent years in some urban areas. Gay pride parades in Indian cities last weekend attracted thousands of marchers, and several recent Bollywood movies, like “Dostana,” have included gay themes and characters, often played by Bollywood’s biggest heterosexual stars.

Still, the decision was condemned from many corners in India. “This is wrong,” said Maulana Abdul Khaliq Madrasi, a vice chancellor of Dar ul-Uloom, the main university for Islamic education in India. The decision to bring Western culture to India, he said, will “corrupt Indian boys and girls.”

The High Court’s decision should be overturned, said Murli Manohar Joshi, the leader of the main opposition Hindu nationalist Bharatiya Janata Party. “The High Court cannot decide all things,” he said.

The ruling comes after a decade-long, broad-based campaign organized by gay rights advocates, authors, celebrities, lawyers and AIDS awareness groups from around the world. India has one of the world’s largest populations of people with AIDS, and Section 377 was viewed by many advocates as a hurdle to education about safer sex.

Now that the High Court has ruled against Section 377, some say the next step is a change in the way that society views gay people.

“The real problem is still the stigma attached,” especially outside big cities, said Ritu Dalmia, one of India’s best-known chefs, who lives with her girlfriend in New Delhi.

Change particularly needs to happen in rural India, she said in an e-mail message Thursday afternoon. “I have met women who were forced to sleep with men so that they could be ‘cured’ of homosexuality,” she said.

“Today is a historical moment where at least some tiny steps have been taken, but there is still a very, very long road ahead,” she said.