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

Gay Estate Planning: What You Need To Know

Gay Estate Planning – With an estimated 8 million adults within the USA identifying as gay, lesbian, bisexual or transgender, it is imperative that the facts are clear and that there is help and assistance available when considering the issue of gay estate planning.

Since the Supreme Court’s Ruling to make marriage legal for everyone across the whole of America, there has been an impact on the legislation regarding gay estate planning, which is quickly turning into traditional estate planning. Knowing exactly where you stand legally is of the utmost importance to you and your loved ones in case of the unexpected and at this point in time, there are several beneficial legal changes for same sex couples that you can use when thinking about your end-of-life plans and the arrangements for the division of your assets after- (Click here for a list of necessary documents) be smart and follow these guidelines to help you in your gay estate planning:

Maximize Your Company Retirement Plans

When one spouse dies, the other is now legally entitled to be the sole primary beneficiary of any qualified retirement plan (federal law states that this may be a 401(k); defined-contribution plan; defined benefit plan or Keogh plan for self-employed people, but not an IRA). They may therefore roll over the remaining plan to their own without having to take the minimum or lump-sum distributions until the year that the surviving spouse would usually take them (age 70.5 years in most cases). You now need your spouse’s written permission in order to name anyone else as a beneficiary for ERISA qualified retirement plans. Prior to retirement, employer benefits previously only available to heterosexual couples are now available to all married couples, and same-sex couples looking at gay estate planning should ensure that they are receiving the spousal benefits they are entitled to. To be on the safe side, always name your spouse as your primary beneficiary on your company’s beneficiary designation forms.

Ensure Your Parental Rights

Although a lot of the law has changed as a consequence of the Obergefell marriage ruling, one area where there is still contention is child guardianship. Depending on the State you reside in, you may not be regarded as the legal parent of a child even if you were married to their biological or adoptive parent. Second parent or step parent adoption is highly recommended in these cases to ensure the emotional, legal and financial security of the child and the upholding of the parental rights of the surviving spouse. Anthony Brown at Time For Families specialises in gay estate planning and family law and can help with any questions or concerns you may have about the legality of your parental status.

Take Advantage of Portability

Forbes goes into detail about this legal quirk along with ‘gift splitting’ in this article that was written after the Supreme Court declared the same-sex marriage ban unconstitutional:

This is the ability of widows and widowers to add the unused estate tax exclusion (now $5.43 million) of the spouse who died most recently to their own. The concept was introduced by the 2010 tax law (although the term was invented by tax experts and does not appear in the legislation). Portability was made permanent by the 2012 tax law.

To take advantage of portability, the executor handling the estate of the spouse who died will need to transfer the unused exclusion to the survivor, who can then use it to make lifetime gifts or pass assets through his or her estate. The prerequisite is filing an estate tax return when the first spouse dies, even if no tax is owed. This return is due nine months after death with a six-month extension allowed. If the executor doesn’t file the return or misses the deadline, the spouse loses the right to portability. (See this post, “The Deadline Every Married Person (And Financial Advisor) Needs To Know About.”)
gay estate planning, family estate planning, estate planning NY

Use Your Gift-Splitting Rights

 Currently, you can give up to $14,000 each year to as many recipients as you would like without incurring gift tax. Spouses can combine this annual exclusion–a process called gift-splitting–to jointly give $28,000 to any person tax-free. Spouses can gift-split by giving $14,000 each, $28,000 from a joint account or $28,000 from one of their individual accounts. These restrictions apply whether you make outright gifts to individuals or put the funds into trusts for their benefit.

Any gift that’s more than the annual exclusion counts against the lifetime gift tax exclusion – the amount that each individual can give away during life without triggering gift tax. Once you have passed the limit, which is currently $5.43 million, gift tax of up to 40% applies. Couples can also gift-split with their applicable exclusion amount and together transfer up to $10.5 million through lifetime gifts.

It is essential for those considering gay estate planning to research as much as they can on the issue. However, the information available can often be overwhelming or confusing, or you may not know what action to take once you have made decisions on these matter. For a reputable and trustworthy attorney in New York who can help with family and estate issues, call Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, at 212-953-6447 or email questions to Brown@awclawyer.com.

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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 —

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

Ethical Surrogacy, a Proposed Framework

Ethical Surrogacy guidelines are imperative to a successful journey to parenthood.

At the Men Having Babies 2015 New York Ethical Surrogacy Conference we focused on teaching the public at large about surrogacy and providing tools to intended parents to ensure that their surrogacy journey is ethical and positive.

As part of our mission to promote ethical surrogacy practices that benefits all involved parties, Men Having Babies   is in the process of devising a framework for ethical surrogacy principles, protocols and best practices for intended parents. The latest version drafted by our Board and our Surrogates Advisory Board is available on menhavingbabies.org. The document is already available in English, French and Hebrew, and we are collaborating with several community organizations to translate this document to additional languages and collect feedback. Selected issues from this framework will also be brought up for discussion and public comments at our upcoming conferences.

Men Having Babies (“MHB”) is an independent nonprofit organization dedicated to providing gay biological fathers and fathers-to-be with educational and financial support. We offer the following framework of ethical guidelines and best practices as part of our goal to promote surrogacy practices that minimize the risks and maximize the benefits to all involved. The framework comprises of three levels: a Statement of Principles, Baseline Protocols for Providers, and Recommended Best Practices for intended parents.

in Ethics / Legal / Legislation / Surrogacy / Videos  by Anthony Brown 0 comments

Should A Same Sex Couple Get Fertility Benefits?

Are A Same Sex Couple Entitled to Fertility Benefits?

Same sex couple Sarah Soller-Mihlek, a Brooklyn guitar instructor, and Jill Soller-Mihlek say, “We want to start a family,” speaking into a camera focused on Sarah and “We’ve always dreamed of becoming parents,” adds her wife, Jill.

The couple made the video last year and posted it to Indiegogo, a crowdfunding website, in hopes of raising enough money to pay for fertility treatments. Jill Soller-Mihlek, now 33, was hoping to get pregnant via a sperm donor and intrauterine insemination, which can costs tens of thousands of dollars depending on how long it takes to conceive.

Although the couple’s insurance plan typically covers fertility treatment, their insurer, United Healthcare, would not cover the cost. The reason? Jill Soller-Mihlek didn’t meet its definition of infertility because she did not have sex with men.

The couple’s insurance policy defines infertility as an “inability to achieve pregnancy after 12 months of unprotected heterosexual intercourse.” But women who use sperm donors must pay for costly, physician-supervised therapeutic donor insemination for 12 months before they meet the definition of infertility. (Women 35 and older need to go through six failed attempts before meeting the clinical definition of infertility.)

After the Soller-Mihleks paid $13,507 out of pocket for nine unsuccessful cycles of insemination, they decided to chronicle their travails on Indiegogo and Change.org. While the United Healthcare policy tacitly acknowledges single women and same-sex couples, many policies do not. Some even exclude unwed women. Notably, major insurers like United Healthcare often do cover insemination treatments when the issue is male infertility.

The Soller-Mihleks believe their plan’s criteria for granting medical coverage of fertility treatment reveals a subtle form of discrimination against lesbians. (Needless to say, gay men face even greater obstacles in attempting to gain coverage, given that coverage wouldn’t extend to the woman who’d be carrying for them.)

The Soller-Mihleks say their concern is that a female same sex couple, by definition, is incapable of getting pregnant through heterosexual intercourse and requires medical intervention to conceive. They say the subtext of the United Healthcare policy is that a lesbian could get pregnant by having sex with a man, she just chooses not to.

Shannon Price Minter, head of the legal division at the National Center for Lesbian Rights in San Francisco, said: “To me, the central injustice is that when a person has a known condition that precludes them from becoming pregnant, such as a woman who has had her ovaries removed, there is no requirement to go through a period of unprotected intercourse before being recognized as requiring fertility treatments. The same should be true for same-sex couples.”

Tyler Mason, a spokesman for UnitedHealthcare, said the company’s policy is based on the clinical disease of infertility, as defined by the American Society of Reproductive Medicine.

“Our coverage criteria are based on clinical trial data, published literature and recommendations from a wide variety of medical specialty societies and state laws,” Mr. Mason wrote in a statement. “We constantly review and update coverage criteria.”

Aetna also uses the clinical definition of infertility to support its reimbursement policies for fertility treatments.

“It’s not a pregnancy benefit,” said Cynthia B. Michener, an Aetna spokeswoman. “It’s based on the clinical disease of infertility, supported by medical evidence and medical society guidelines, including those set out by the A.S.R.M., and it’s the same for everyone.”

Click here to read the entire article.

 

New York Times, November 2, 2015, by Stephanie Fairyington

in Egg Donation / IVF / Known Donor / Legal / Legislation / Science  by Anthony Brown 0 comments

Gay marriage signed into law in Ireland

Gay Marriage Voted in by 62.1% in Ireland

Dublin (AFP) – Gay marriage was signed into law in Ireland, five months after a historic referendum saw the traditionally Catholic nation become the world’s first country to vote for gay unions.

“The Presidential Commission today signed the ‘Marriage Bill 2015’ into law,” the president’s office said in a statement, paving the way for the first weddings within a month.

Ireland voted 62.1 percent in favour of allowing marriage between two people “without distinction as to their sex” in May, the first time anywhere that gay marriage has been legalised in a referendum.

The president’s endorsement was the final hurdle for the bill after legal challenges briefly delayed the legislation from coming into effect.

The first ceremonies should be possible by mid-November, according to Justice Minister Frances Fitzgerald.

Senator Katherine Zappone, who had long campaigned for her Canadian marriage to her wife to be recognised in Ireland, called it “a defining moment”.

“It is a deeply emotional moment for those of us who have campaigned for so long,” Zappone said in a statement.

“This victory truly belongs to the nation, it is a moment for us all.”

In a memorable moment that unfolded live on national television after the referendum result was announced, Zappone proposed to her wife Ann Louise Gilligan to re-marry her under Irish law.

International gay rights campaigners congratulated efforts by Irish activists to win public support for a “Yes” vote in the referendum.

“Tribute must also be paid to national politicians in Ireland, as all the main political parties put aside their partisan differences to campaign for the greater goal of equality,” Evelyne Paradis of the International Lesbian, Gay, Bisexual, Trans and Intersex Association said in a statement.

Marriages between same sex couples that took place outside of Ireland will now be recognised under Irish law.

Click here to read the entire article.

 

YahooNews.com, October 30, 2015
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Parenting Policies-China to End One Child Policy

As China ends its one child policy, some parents ponder the pros and cons of parenting a second child.

Parenting News from Beijing: China will allow all couples to have two children, a Communist Party leadership meeting decided on Thursday, bringing an end to decades of restrictive policies that limited most urban families to one child.

The announcement came after the party’s Central Committee concluded a four-day meeting in a heavily guarded hotel in western Beijing where it approved proposals for China’s next five-year development plan, which starts next year. The terse announcement from Xinhua, the state news agency, about the sharp shift in family planning policy gave no details.

The Chinese government has already eased some restrictions in what has often been described as the “one-child policy,” and a party conference in 2013 approved allowing couples to have two children when one of the spouses was an only child. But many eligible couples failed to take up the chance to have a second child, citing the expense and pressures of parenting children in a highly competitive society.

A summary of the decision by Chinese radio news said that officials had decided to “improve the demographic development strategy, and to comprehensively implement a policy that couples can have two children, actively taking steps to counter the aging of the population.”

The initial public reaction to the party leaders’ decision was restrained, and many citizens in Beijing who were asked whether they would grasp the chance to have two children expressed reluctance or outright indifference. Some, however, were pleased.

Still, the cost and difficulty of parenting 2 children are likely to deter many eligible couples from having more children despite the relaxed rules, Mu Guangzong, a professor of demography at Peking University, said in a telephone interview.

Click here to read the entire article.

 

by Chris Buckley - New York Times - October 29, 2015
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Michigan Legislation Allows Adoption Agencies to Reject LGBT Parents

Reuters via New York Times – June 10, 2015

(Reuters) – Adoption agencies in Michigan would be able to refuse service on religious grounds to homosexual couples who want to adopt children under three bills that the state’s Republican-controlled Senate passed on Wednesday.

The bills, which must be signed by the governor to become law, say child-placing agencies shall not be required to provide adoption services under circumstances that conflict with their sincerely held religious beliefs contained in a written policy or other document. The agencies are private, but receive state funding.

While the bills do not specifically mention lesbian and gay couples, they are viewed as narrow versions of religious freedom acts passed in a number of states to shield businesses that want to refuse service to same-sex couples from discrimination lawsuits.

Supporters say the acts protect religious freedoms, while others say they are licenses to discriminate. With 37 states now allowing same-sex marriage, the Supreme Court has taken up the issue this year and conservative groups are turning toward backing religious-freedom laws from fighting recent battles on gay marriage.

Click here to read the entire article.

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Gay adoption ban stricken from Florida laws after 4 decades

AP via The Tampa Tribune

TALLAHASSEE – The nearly four-decade-old law that prevents gays from adopting children will disappear from Florida’s statutes on July 1.

Republican Gov. Rick Scott signed a bill today that removes the language – though the ban hasn’t been enforced for the past five years.

The bill signed by Scott also promotes adoption, but the original language was changed to include a provision removing the gay adoption ban from state law.

While conservative Republicans objected to the idea, others said that it simply changes the law to reflect reality.

A judge ruled five years ago that the state’s ban was unconstitutional.

Click here to read the entire article.

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Amendment: Gays could be denied as foster or adoptive parents in Texas

by Christy Hopp, May 25, 2015 – The Dallas Morning News

Gays and same-sex couples could be turned away from adopting children or serving as foster parents under an amendment filed by a social conservative House member and expected to be heard Tuesday.

The measure also would allow child welfare providers to deny teenagers in foster care access to contraception or an abortion under a wide umbrella of religious protections for the state contractor.

Rep. Scott Sanford, R-McKinney, has filed the measure that gives state contractors for child welfare services the right to sue the state if they are punished for making decisions based on their religious beliefs.

The state could not force contractors to follow policies providing for contraception or allowing same-sex couples to adopt, for instance. If the state tried to terminate a contract or suspend licensing for the state contractors’ failure to abide by such polices, the contractor could sue, win compensatory damages, relief from the policy and attorneys fees against the state, according to the proposal.

Sanford tried to pass as separate bill earlier in the session, but it failed. The proposal now has resurfaced as an amendment to the sunset bill that would reconstitute the Department of Family and Protective Services.

Civil rights and gay equality groups fought a similar measure earlier in the session, saying, “If enacted into law, Rep. Sanford’s amendment would allow child welfare providers to discriminate against not just gay and transgender families seeking to provide loving homes for children who need them, but also against people of other faiths, interfaith couples and anyone else to whom a provider objects for religious reasons. This would seriously weaken the state’s child welfare system by further shrinking the pool of qualified parents who can provide a safe, loving home for children.”

Click here to read the entire article.

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