US Judge Throws Out Oklahoma Marriage Amendment, But Stays Ruling Pending Appeal

Gay City News, by Arthur Leonard – January 15, 2014

Yet another federal district judge has declared that a state constitutional amendment banning same-sex marriages is an unconstitutional infringement of rights guaranteed by the US Constitution’s 14th Amendment.

On January 14, Senior District Judge Terence C. Kern, who has been dealing with the case of Bishop v. United States since 2004, held that the amendment adopted by an overwhelming vote of Oklahoma citizens denies same-sex couples their equal protection rights even when subjected to the most lenient standard of judicial review. The State of Utah, Kern found, provided no “rational” justification for the ban.

Kern, unlike US District Judge Robert J. Shelby in his Utah marriage equality decision last month, stayed his ruling pending Oklahoma’s appeal, which the state will undoubtedly pursue.

Like Utah, Oklahoma is within the 10th federal appellate circuit, which is already considering an appeal of the December 20 ruling out of Salt Lake City. The Utah case is on an expedited schedule, so it seems unlikely that Oklahoma would meet such a fast-track schedule unless the 1oth Circuit orders it to do so. Handling both cases in one appellate proceeding, however, would make good sense, so perhaps if Oklahoma officials decide to move quickly, this case could be consolidated with the Utah appeal. If the 1oth Circuit were to uphold both rulings, that would make US Supreme Court review, already likely with just one case, that much more of a lock.

The Oklahoma case, brought by two lesbian couples –– Mary Bishop and Sharon Baldwin, and Susan Barton and Gay Phillips –– took aim at both the 2004 state constitutional amendment and the federal Defense of Marriage Act. In more than nine years of litigation, the case took a few procedural twists and turns, including the decision by Barton and Phillips to marry in Canada and, later, in 2008, in California.

 

To read the entire article, go to http://gaycitynews.com/us-judge-throws-oklahoma-marriage-amendment-stays-ruling-pending-appeal/?utm_source=rss&utm_medium=rss&utm_campaign=us-judge-throws-oklahoma-marriage-amendment-stays-ruling-pending-appeal

Opinion – The Unregulated Sperm Industry

November 30, 2013
 New York Times
By  RENE ALMELING

NEW HAVEN — THE new movie “Delivery Man” stars Vince Vaughn as a former sperm donor who finds out that he has more than 500 children. Is this a Hollywood exaggeration or a possible outcome? Truth is, no one knows. In the United States, we do not track how many sperm donors there are, how often they donate, or how many children are born from the donations.

Unlike a Hollywood happy ending, however, this lack of regulation has real consequences for sperm donors and the children they help produce. The Journal of the American Medical Association published one case study of a healthy 23-year-old donor who transmitted a genetic heart condition that affected at least eight of 22 offspring from his donated sperm, including a toddler who died from heart failure. The American Society for Reproductive Medicine recommends genetic screening of sperm donors, and many banks do it, but the government does not require it. The risks become magnified the greater the number of children conceived from each donor.

How did we get to this point? Sperm donation has evolved from a practice of customized production to an industry that resembles mass manufacturing.

Click here to read the entire Article.

Fla. Supreme Court Settles Lesbian Custody Battle

By BRENDAN FARRINGTON Associated Press for ABC.com

The Florida Supreme Court has ruled that a woman who donated an egg to her lesbian partner has parental rights to the child.

The court issued its ruling Thursday and ordered a lower court to determine custody and visitation rights.

The case involves two lesbians who began raising the child together. One donated an egg that was fertilized and implanted in the other. That woman gave birth in 2004.

Click here to read the entire article.

A Quick Guide To The Research On Same-Sex Parenting (As Presented To The Federal Courts)

By Zack Ford, ThinkProgress.org, October 28, 2013

Two marriage equality cases are advancing to the Ninth Circuit of Appeals from the states of Nevada (Sevcik v. Sandoval) and Hawaii (Jackson v. Abercrombie). In both cases, marriage equality lost at the district court level, distinguishing them from the case challenging California’s Proposition 8 and essentially freeing them of the jurisdictional issues that complicated the Prop 8 case. This means that the two cases provide an opportunity for the court to directly consider the constitutionality of states banning same-sex marriage.

Zach-Wahls-DNC-2012-200x300Numerous professional organizations submitted amicus briefs last week advising the court about why it should support marriage equality and in particular, addressing the question of same-sex parenting. Opponents assert that same-sex marriage should be banned because children fare better with different-sex parents than with same-sex parents. Not only does this ignore the fact that joint adoption is already legal for same-sex couples in both Nevada and Hawaii, but as the scholarly community points out, it disregards the consensus of scientific research endorsing same-sex parenting.

In a brief filed by the American Psychological Association, National Association of Social Workers, American Association for Marriage and Family Therapy, American Psychoanalytic Association, and Hawaii Psychological Association, the scholars outline three factors that research has determined leads to good parenting:

  • The quality of the relationships between parent and child.
  • The quality of the relationships among adults in the child’s life (such as between the parents).
  • Available economic resources to support the child’s development (e.g., safer neighborhoods, more nutritious food, etc.).

The groups point out that these factors are not impacted by sexual orientation, and thus there is no reason to conclude same-sex parents would be inferior in any way.

In a complementary brief, the American Sociological Association (ASA) expanded upon what research says specifically about the outcomes for children of same-sex parents:

Click here to read the entire article.

Gay Couples, Choosing to Say ‘I Don’t’

October 25, 2013
New York Times

When the Supreme Court struck down the Defense of Marriage Act in June, Brian Blatz, 47, marched into the kitchen of Fiddleheads, the restaurant in Jamesburg, N.J., that he owns with Dan Davis, 58.

“DOMA is dead,” Mr. Blatz said, before the pair turned their attention to opening the restaurant for lunch. And last month, when a judge in New Jersey ruled that same-sex marriage should be legalized, their reaction was similarly muted.

“I said ‘wow’ and he said ‘yea,’ ” Mr. Blatz said. “And then we went right back to work.”

It’s not that Mr. Blatz and Mr. Davis are not in love. They have been together for 18 years and swapped rings in a ceremony in their backyard nine years ago. But the couple sees little point in marrying.

“We are in all senses married, and it isn’t going to change anything in terms of how we feel about each other,” Mr. Blatz said.

They are not unique. Now that same-sex couples in 14 states have all the rights and responsibilities of straight married couples, gay couples are rushing to the altar, right? Not exactly. Plenty of gay couples do not want to marry, and their reasons are as complex — and personal — as any decision to wed.

For some, marriage is an outdated institution, one that forces same-sex couples into the mainstream. For others, marriage imposes financial burdens and legal entanglements. Still others see marriage not as a fairy tale but as a potentially painful chapter that ends in divorce. And then there are those for whom marriage goes against their beliefs, religious or otherwise.

“It’s a very, very archaic model,” said Sean Fader, 34, an artist in New York who is single and asked to be identified as queer. “It’s this oppressive Christian model that says ‘Pick a person that’s going to be everything to you, they have to be perfect, then get a house, and have kids, and then you’ll be happy and whole.’ ”

“There are many heterosexuals who feel the same way,” he added. After all, not all heterosexual couples choose to marry. But same-sex couples do seem more inclined to be marriage holdouts. According to a Pew Research poll released in June, 60 percent of lesbian, gay, bisexual and transgender adults are married or said they wanted to marry, compared with 76 percent of the general public.

Some of the opposition among gay men and lesbians is rooted in a feminist critique of marriage, which sees it not as a freedom to be gained but as an institution that has historically oppressed women.

That feminist strain held firm in the earlier years of the gay rights movement. The late Paula L. Ettelbrick, a leading lesbian and gay rights figure, was among the vocal opponents of same-sex marriage, and held a more expansive view of relationships and family.

Click here to read the entire article.

Steve Lonegan, New Jersey Senate Candidate: Gay Parenting Is ‘Biological Phenomenon’

ontopmag.com, October 11, 2013

Steve Lonegan, the Republican candidate from New Jersey vying for the U.S. Senate, has described gay parenting as a “biological phenomenon.”

Appearing opposite his Democratic rival, Newark Mayor Cory Booker, during a televised debate on Wednesday, Lonegan was asked his position on marriage for gay and lesbian couples.

“Marriage between a man and a woman is the greatest institution ever devised by the minds of man to raise a child,” Lonegan answered.  “And that’s what this is about.  It’s about children.  And I’m going to support traditional marriage.”

“However, I do believe in liberty and the rights of adults to live their lives the way they choose.  Consequentially, I do not want other groups forcing their new value system down the throats of my Catholic Church, evangelical church, protestant churches, and overriding our institutional religious beliefs.”

New York Lesbian Co-Parent Custody Claim Precluded under 12-Year-Old Decision

artleonardobservations.com, October 8, 2013

The evil that courts do lives on…  On October 4, 2013, the New York Law Journal published Rockland County Family Court Referee Dean Richardson-Mendelson’s opinion in Matter of A.F. v. K.H., V-00918-13, rejecting all attempts by a lesbian co-parent to obtain judicial relief against her former partner’s action of excluding her from contact with the children they had been raising together.  The principal barrier to her case is the N.Y. Court of Appeal’s old decision, Alison D. v. Virginia M., 77 N.Y.2d 651 (1991), which held in similar circumstances that the co-parent was, despite her relationship parental relationship with a child since the child’s birth, a “legal stranger” who did not have standing under New York law to obtain a declaration of her parental rights, custody or visitation, and that the circumstances that the women had agreed to raise a child together did not amount to “special circumstances” required under New York law to enable a legally-unrelated third party to seek custody of a child.

In A.F. v. K.H., the parents had registered as domestic partners, but the court mentions this only in passing and does not specify the jurisdiction.  A.F. and K.H. were living together as a couple when they decided to have children, using anonymous donor insemination for K.H. to conceive two children.  They lived together raising the children until they separated in July 2011, but continued to live on different floors in the same house, facilitating continued contact between A.F. and the children, who lived with K.H.  In February 2012 K.H. moved out with the children to her mother’s house in New Jersey, but then relocated back to another town in New York State in August 2012.  A.F. continued to have visitation two days a week and alternate weekends, until a promotion at her job made weekday visitation impossible.

A.F. contributed to the support of the children financially.  In May 2012, K.H. had filed a petition in Rockland Family Court seeking formal child support from A.G.  In support of this claim, her petition was full of factual allegations seeking to persuade the court that A.F. was a parent of the children who should be held to this responsibility.  But in August, she withdrew the petition, and the Support Magistrate marked it as withdrawn.

Click here to read the entire article.

Russia drafts bill to remove children from gay parents

GayStarNews.com, September 5, 2013

A Russia lawmaker has proposed a bill to remove children from gay parents.

Alekei Zhuravlev, the deputy of the Russian State Duma, has proposed amendments to the Family Code.

Under the new bill, having a ‘non-traditional sexual orientation’ will be a basis for denying custody to gay people.

Other grounds include alcoholism, drug use, a history of violence, insanity and abuse.

Zhuravlev, the author of the child custody bill, has said homosexual ‘propaganda’ must be banned not only in public spaces ‘but also in the family’.

In June, the State Duma voted unanimously in favor of the ‘gay propaganda’ federal law, ensuring no child learns gay people should be equal to heterosexuals.

Another law passed was a ban on the adoption of children by people – gay or straight – in countries allowing same-sex marriages.

– See more at: http://www.gaystarnews.com/article/russia-plans-bill-remove-children-gay-parents050913#sthash.SWxE0nsB.G7vmz0gO.dpuf

Click here to read the entire article.

Iowa Dept. of Public Health must do better

OneIowa.com – July 26, 2013

Only a month ago, the United States Supreme Court struck down Section 3 of the Defense of Marriage Act, granting gay and lesbian married couples more than 1,100 federal benefits and protections previously denied to them. Some people thought we were done. The struggle was over. Our families, at least in Iowa, had equal standing under the law.

Except that there is still so much work to be done. Imagine, for example, how surprised and heartbroken Joanne Abbas and Lindsey Clark were when they received their baby Thea’s birth certificate. It listed only one of the mothers as a parent. When Thea was born, these women correctly filled out the necessary paperwork and, with help from the hospital staff, both women listed their names as parents on the birth worksheet. And still, when they received the birth certificate, Lindsey’s name was missing from this important document.

Despite a previous ruling from the Iowa Supreme Court in the case Gartner v. Newton, the Iowa Department of Public Health is still refusing to immediately issue accurate birth certificates for all children born to married lesbian parents like Joanne and Lindsey. The Gartner case was decided unanimously in May of this year by the Iowa Supreme Court as part of a Lambda Legal lawsuit challenging the Iowa Department of Public Health’s refusal to issue an accurate birth certificate to MacKenzie, daughter of married same-sex couple Heather and Melissa Gartner. Iowa’s highest court ruled in favor of the Gartners, stating that the department would have to change its practice of refusing to issue accurate birth certificates listing both mothers.

Click here to read the entire article.

Lesbian Moms Again in Forefront of New Marriage Cases

At Mombian.com – July 11, 2013

The past couple of weeks have seen a  new round of progress in several marriage-equality lawsuits—and just as with the cases that brought down the Defense of Marriage Act and California’s Proposition 8 (as I wrote a few weeks ago), lesbian moms are again in the forefront, along with a number of gay dads. Two of the cases (in Michigan and North Carolina) even began as challenges to state bans on second-parent adoptions, and later evolved into marriage-ban challenges as well.

Let’s take things alphabetically:

  • In Illinois, Lambda Legal and the ACLU have asked for speedy summary judgment in two marriage-equality cases. More than half the the plaintiff couples in Lambda Legal’s Darby v. Orr lawsuit are parents, including moms LaKeesha Harris and Janean Watkins, Michelle Chappell and Michelle Franke, Theresa Volpe and Mercedes Santos, Angelica Lopez and Claudia Mercado, Daphne Scott-Henderson and Ryan Cannon, Patricia Garcia and Julie Barton, and Anne Dickey and Laura Hartman, as well as dads Daryl Rizzo and Jaime Garcia, Robert Hickok and Brian Fletcher, and Brandon and Kevin Bowersox-Johnson.
  • In the ACLU’s Illinois Lazaro v. Orr lawsuit, again more than half the the plaintiff couples are parents, including moms Tanya Lazaro and Elizabeth “Liz” Matos, Lynn Sprout and Kathie Spegal, Michelle Mascaro and Corynne Romine, and Kirsten and Tanya Lyonsford, as well as dads Carlos Briones and Richard Rykhus.

– See more at: http://www.mombian.com/2013/07/11/lesbian-moms-again-in-forefront-in-new-round-of-marriage-cases/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+Mombian+%28Mombian%29#sthash.cUOuKlfe.dpuf

Click here to read the entire article.