Showing posts with label gay parents. Show all posts
Showing posts with label gay parents. Show all posts

Tuesday, 11 February 2014

Couples Sue to Force Ohio's Hand on Gay Marriage

 Four legally married gay couples filed a federal civil rights lawsuit Monday seeking a court order to force Ohio to recognize same-sex marriages on birth certificates despite a statewide ban, echoing arguments in a similar successful lawsuit concerning death certificates. The couples filed the suit in federal court in Cincinnati, arguing that the state's practice of listing only one partner in a gay marriage as a parent on birth certificates violates the U.S. Constitution. 



"We want to be afforded the same benefits and rights as every other citizen of the United States," said one of the plaintiffs, Joe Vitale, 45, who lives in Manhattan with his husband and their adopted 10-month-old son, who was born in Ohio. The pair married in 2011 shortly after New York legalized gay marriage. Rob Nichols, a spokesman for Republican Gov. John Kasich, said his office doesn't comment on pending litigation, "except to say that the governor believes marriage is between a man and a woman." The other plaintiffs in Monday's lawsuit are three lesbian couples living in the Cincinnati area who married in states that have legalized gay marriage. One woman in each of those marriages is pregnant through artificial insemination, and their babies all are due to be born this summer in Cincinnati hospitals. The couples say they're worried that having only one of them listed as a parent on their children's birth certificates could lead to problems down the road, such as a denial of parental rights to the one not named should their partner die or experience a medical emergency. "I have no legal grounds to stand on. That's not something that should be happening in our society," said Pam Yorksmith, who married her wife in California in 2008. The couple has a 3-year-old son and another on the way. The couples' attorney is the same one who represented two gay married couples in their lawsuit last year that successfully sought a court order forcing Ohio to recognize same-sex marriages on death certificates. The state is appealing the ruling, issued in December by federal Judge Timothy Black. "At both ends of our lifespans, a marriage is a marriage. A family is a family," said the couples' lawyer, Cincinnati civil rights attorney Al Gerhardstein. "A family is a loving, nurturing group of people and the identification document when the children come along is the birth certificate, and it ought to be right."

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Monday, 20 January 2014

High Court orders Israel to recognize gay adoption of child born through surrogacy

 At the same time court rejects gay adoption in case where neither man proved biological connection to child.
Man with baby born to surrogate mother. Photo: REUTERS

  The High Court of Justice on Tuesday night, by a split 5-2 vote, ordered the state to recognize the gay adoption of a child born through surrogacy, including registering both the biological father and his partner as fathers of the child. Simultaneously, the High Court rejected 7-0 the request of another gay couple for recognition of their right to gay adoption. Related: Health Ministry advocates allowing gay couples to use surrogate mothers Both gay couples based their claim on a birth certificate and declaration from the US that they are the child’s parents. The difference between the two cases is that the court granted the request from the gay couple after it underwent genetic testing to prove the biological connection to at least one of the men, while the couple whose request was denied did not do genetic testing.

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Monday, 5 November 2012

Viral video calls for equal rights of gay parents

Director Mike Buonaiuto questions why same-sex parent families go unrecognised in Europe
05 NOVEMBER 2012 | BY ANDREW WHITTY

Today (5 November) sees the launch of a new campaign focusing on gay parenting rights throughout Europe.

The short film, entitled Invisible Parents, features the voice of a woman reminiscing about a happy childhood with her two fathers, before stating that the majority of Europe does not recognize families with gay parents.

The film is directed by Mike Buonaiuto, the man behind Homecoming, the video that went viral earlier this year. Invisible Parents launches to coincide with the UK's National Adoption Week.

Michael Cashman, Member of European Parliament, is fully supporting the campaign.

He said: 'Gay and lesbian parents can often find themselves legally invisible in a large percentage of the continent, putting their entire family in a very vulnerable situation especially with regard to healthcare, holidays or family legal systems.

http://youtu.be/aeBy_q4i40s


Wednesday, 28 July 2010

Same-Sex Parents, Furred and Feathered.

There have been an increasing number of research studies which show that as parents,  same sex couples are at least as good as opposite sex- couples. As a gay father and grandfather myself, I don’t really need to be told this by modern research: I first learnt of the evidence decades ago, from a family friend who was then a child welfare social worker, and is today a top authority on the subject. I also have the best of all possible authority, the experience of my own family. My daughter is very clear on the subject: she is on record as saying “Gay Parents? I recommend them”. She has told me that when she says a young child with two dads, her immediate response is - “Lucky child”. Still, it’s good to see the evidence getting a more public hearing. and reaching the mainstream.

I was interested though, to find that in this, as in so many other areas, of human sexuality, the same pattern is found in many species of animals and birds.

Two Dads, with Kids
Homosexuality in animals has been known since ancient times, but still fails to penetrate the public consciousness. Nevertheless, researchers are now starting to publicize the abundant evidence for same sex coupling, pair bonding, and parenting. (And contrary to the protestations of Focus on the Family, NOM, et al, these do not always go together, not in humans, not in animals.) The nature and variety of the forms that animal parenting can take is breathtaking, with all the variations found in human society, and more (some of the animal practices would land humans in jail. “Nature” is not all sweet and lovable).

How do same sex couples find their next generation? In many of the same ways humans do, but excluding the turkey baster and in vitro fertilization. Quite often, they were in the same position I was – offspring resulted from an earlier, opposite-sex partnership. For females, Laysan's Albatross and many other birds may use sperm donors, finding an obliging male to copulate with, for the sole purpose of fertilizing their eggs. Male couples may find surrogate mothers: Black Swan male couples may hook up with a female in a menage a trois – then boot her out after the eggs have been laid. Adoption is also common: many species have same sex couples that take on orphaned or lost youngsters. Some couples are rather more cavalier though, and simply kidnap their youngsters – quite literally, in this case. (Don’t try this if you’re human, though.) Just as in human society, some youngsters biological parents who either can’t or won’t raise them themselves – and they may dump them on same sex couples to raise, in nest parasitism.

Are they good parents? Quite often, not only as good, but better. There are many reasons for this. In birds, quite often it is not true that children “need” a mom and a pop. Many species (such as Warthogs, Red foxes and Sage Grouse) are raised by just one parent. When they get two parents, even of the same sex, that is immediately a bonus – they get double the parenting right off. Often, they get better, more spacious homes. Some female bird couples (Greater Rheas, Canada Geese) build what amount to double nests to hold two clutches – but where only one clutch has been fertilized, bingo: a double size home for a standard size family. Some male couples get bigger nests because only the male does the nest-building. Two males = two builders, and again, a bigger home. Other male couples get not so much a bigger home, as a bigger lot. Black Swans use their superior combined size and strength as two males to grab bigger or better territories – and thus better feeding grounds. Mammal youngsters sometimes get better feeding, simply by having to moms to nurse them: some females will suckle their partners’ young - grizzly bear mamma pairs may both nurse and protect each other's young. Then there are the family variations not usually seen in humans. If two parents are better than one, how about three, or even four? Grizzly bears are often raised by female pairs – and sometimes by female trio (The familiar term "gay bears" takes on a whole new meaning).

When sexual activity between males, or between females has been professionally observed, it has too frequently been dismissed or explained away as “deviant”, or the result of “accident”, or even as “immoral” behaviour (as in “A Note on an Apparent Lowering of Moral Standards in Lepidoptera”, the title of a published scientific paper. I kid you not.) In many parts of modern Western culture, there has arisen a deeply held assumption, in spite of all the evidence to the contrary, that the only "natural" form of sexuality and family is "one man, one woman". Even when faced with evidence to the contrary,from the animal world or from human anthropology and history, these people dismiss such evidence as "freakish", or unnatural. In their own observations, their hetero normative assumptions distort the evidence. When one animal is observed mounting another, it is simply assumed that the one on top is male, the other female. And so the myth is perpetuated that only opposite sex mounting occurs.

The plain truth is that in nature, sexual diversity is the norm. (It may well be that what is truly “unnatural” is exclusive heterosexuality . Fortunately, several writers over the last decade have begun to expose the way in which these biases have been distorting scientific research and its dissemination. We will be hearing a lot more about animal same sex relationships and parenting in future - which will help to counter the lies and ignorance propagated by the sexual morality brigade.

Also See:
Previous Posts at "Queering the Church"


Books:

Wednesday, 30 June 2010

The Social Value of Gay Marriage

The standard pseudo-religious argument against same-sex marriage is that "conventional" marriage between a man and a woman offers value to society that same sex marriage does not. Quite the most impressive counter to that argument, written by a straight woman, is "Why Gay Marriage is Good For Everyone" which I found at "Casaubon's Book "on Science Blogs.

In Wisconsin last week, a court ruled that a lesbian mother who had been a stay-at-home mom to raise two adopted children with her partner, had no status as parent because only the other mother could be recognised in law as an adoptive parent. ("In Wisconsin, Not All Parents Are Equal"). It is to find ways around complicated legal difficulties such as these that so many queer families are forced into complex, sometimes imaginative, legal solutions of their own.

.

Introducing her piece, Casaubon writes about two Washington men who fell in love during WWII, and finally wed after a "62 -year engagement". ("Wow, What A Long Engagement That Was") But this is not just a cosy, feel-good romantic tale - although it is that, too. Along the way, as these two men aged after decades sharing their lives, they realized that in the absence of  the legal protections offered by marriage, they would need a plan of their own - so they settled on adoption!

When Henry was 69, he legally adopted Bob, who was 70. It gave them legal protections, offered an advantageous inheritance tax rate and made the pair into a family.

She also tells of another legal device used by her own mother. Casaubon and her younger sister were themselves raised by two Moms after her biological parents divorced. Her (biological) Mom realised that if anything should happen to her, her partner would have no standing in law to continue in a parental relationship over the children. To get around this, she too used a legal ploy.

My youngest sister, Vicky, is 7 years younger than I am, and because my parents divorced when she was an infant, she remembers no time in her life when Sue, my step-mother didn't stand in a parental relationship to her. Within a day or two of my turning 18, my mother sat me down to tell me that she was changing legal documents to leave her share of Vicky's guardianship to me if my mother died.
Realistically, this is bizarre: the law was able to accept a girl of just eighteen as Vicky's legal guardian, but not the mature woman who had already offered care and co-parenting for the child's whole life to that point.

These examples illustrate what Casaubon describes as the very real social value that the arrival of same-sex marriage has brought:  recognition that marriage is  not only about romantic love, mushy feelings and living happily ever after. (If it is only about the first two, with no consideration of the mundane practical matters, the chances are there will be no happy ever after.) Gay or lesbian couples, she notes, really do not need marriage only for the symbolism or social approval it supposedly brings, but also, very consciously, for the practical and legal protections it offers. With or without marriage, same sex couples are forced to think hard about the financial and legal foundations of their relationships, in a way that opposite sex couples should do, and used to do, but no longer do. She quotes John Boswell on the changes in "traditional" marriage:
In premodern Europe, marriage usually began as a property arrangement, was in its middle mostly about raising children, and ended about love. Few couples in fact married 'for love,' but many grew to love each other in time as they jointly managed their household, reared their offspring, and shared life's experiences. Nearly all surviving epitaphs to spouses evince profound affection. By contrast, in most of the modern West, marriage begins about love, in its middle is still mostly about raising children (if there are children), and ends - often - about property, by which point love is absent or a distant memory. (Boswell, Same-Sex Unions in Premodern Europe xxi-xxii)
Far too often, the modern idea of  "traditional" has placed so much emphasis on the romantic fantasy, the movie or fictional version of what it is, and the "perfect wedding", that there is insufficient emphasis on building secure foundations for the marriage - and with it has come high rates of marital breakdown and divorce. This leads her to a discussion of the record of marital success and failure in her own family. Her own parents, and their parents before them, had seen their "traditional" marriages end in divorce. However, her mother's lesbian relationship has endured 31 years, and provided a strong example for the children:
There are two generations of divorce in our family to model on - two generations of failed marriages and steps and sundered relationships. And yet my sisters and I are all stably and happily married after some early romantic errors. Eric and I have been married for almost 12 years, my sisters for six and five years respectively, and they look good to last. The single best and most lasting partnership in our immediate family is my mother and step-mother's, 31 years and counting. It is on this all three of us base our (heterosexual) partnerships, and the model is sturdy and set to last a lifetime (technically Eric and I have the deal that after 75 years of marriage, we can discuss dating other people - he'll be 103 and I'll be 101 and we figured by then we might need a change ;-)). In our case, at least, these three traditional, heterosexual, nuclear family models rest firmly on a foundation created by gay marriage. It is a sturdy place to rest.
This is the irony of "traditional" marriage in her family: the theory that opposite-sex marriage alone can provide a suitable context for raising children. Instead, she and her sisters were raised by two moms in a stable, sound relationship - and are now modelling sound relationships for their own offspring. Sound and healthy "traditional" families have been successfully nurtured by an untraditional one. Children are not necessarily better off, or better prepared for their own marriages, when raised by opposite sex parents, or by same sex parents: the test is that they are raised by parents who have understood and successfully negotiated the challenges of  living lives in committed partnership. Some of these will be opposite sex couples in conventional marriage (as my own parents were), some will be same sex couples in unrecognised, but equally committed partnerships - as Casaubon's were before the law changed.

It is for this reason, she says, that the "happiest day of her life" was not her own wedding, good hough that was, but the day when the law changed in Massachusetts, and her two Moms were finally able to marry.
It was the first legal day of weddings in the state of Massachusetts, and the day before, as the news was filled of stories of weddings, my phone rang off the hook. Friends, neighbors, exes - everyone who knew me or had known me wanted to know one thing "were they going to do it?" Everyone I knew was delighted in absentia that my mothers would get to marry. Even people I knew who were ambivalent about gay marriage, or even personally opposed to it in general called me to congratulate me and ask me to extend my congratulations to them.
And so, she says, the day that gay marriage becomes legal across the US will likewise be a day of celebration for all.

In drawing attention to the practical arrangements that should lie behind marriage, she is not in any way decrying the religious or sacramental elements. Instead, she points out quite correctly that   the sacramental value derives in part precisely from the value that religion places on the material protection that marriage gives to wives and children.  Marriage is by no means only about these material protections, but it is equally not only about warm feelings, romance, and perfect June weddings. The great social value of gay marriage, she says, is that it reminds us all to think again about a proper balance of motivations in preparation for marriage:
Here, I think, the salutary example of gay marriage may actually be helpful - by forcing the conversation to focus on the rights and legal protections of marriage, on the ways that marriage is fundamentally an economic and family institution - not to the exclusion of love, as we sometimes postulate it, but as part of love - as the expression in mutual support and dependence of the material realities of what love actually is when lived - they begin to present marriage as an attainable and achievable accomplishment. If love is not just a feeling, but a state in which you preserve and protect one another, merging strengths and assets for the benefit of partners and any children, and for the support of one another and extended family, this is something that might be achievable, rather than a diffuse idea of unending bliss and constant happiness.
Read the full post. It is much longer, and and far more thoughtful, than I could possible do justice to here - but definitely worth reading and thinking about - and then re-reading.

Sunday, 27 June 2010

Adoption Vote in New South Wales

Marriage and adoption equality have not yet become big political issues in Australia as they have in the US, but that is beginning to change, with increasing public pressure and clear support from the small Green party. On adoption however, their could soon be progress in the state of New South Wales.Independent MP Clover Moore has introduced a bill approving adoption, and Premier Kristina Keneally has specified that she will permit legislators a vote on"conscience", removing the issue from control by party whips. Opposition Leader Barry O'Farrell is also allowing a conscience vote for the same reason.

The prospects for success look good:
In a parliamentary inquiry conducted last year, a majority found that the Adoption Act should be amended to allow gay couples to adopt. Faith-based adoption agencies would still have the right to exclude prospective parents who are gay, so long as they refer them to an agency which will assist.
This follows the lead of Western Australia and the ACT which already give gay couples equal access to the adoption process. Even in Tasmania gay couples can adopt a child related to one of them. In every state gay couples can foster.
The bill will be debated in late August. Watch this space.

What is interesting to me in this is that in addition to support from the two party leaders, children's charity Barnardo's is also supporting the move, and for the same reason, "the interests of the child". (In this, they are following numerous other children's charities in the US and UK, who have also argued that children's interests are best served by opening adoption to applications from gay men and lesbians.

In their commentary on the move, the Sydney Morning Herald has the headline, "Thinking men and women need clear conscience on gay adoption". More than clear consciences are required - clear thinking is also wanted.

In all the struggles for adoption rights, nobody has ever argued for the "right" of all gay men and lesbians to adopt: only for a right to be considered as eligible. In every adoption, prospective parents are carefully vetted for their personal suitability, both in general, and each particular child. To argue that all gay men and lesbians are unsuitable purely on the grounds of orientation is as ludicrous as it is to argue that all heterosexual couples are suitable merely because they include both a Mom and a Dad. It is self-evident that at least some heterosexual couples are not suitable - which is why many of the children are up for adoption in the first case. It is reasonable to assume that at least some same sex couples are eminently suitable, on the basis of the quality of the love and he care that they are able to provide. Research based evidence, in study after study, has shown much more: that as a group, same sex couples are able to provide care at least as good as opposite sex couples. In some respects, some studies have even suggested that they do better. This is why Barnardo's, and several other agencies, are clear that they support applications from gay and lesbian families.

The "interests of the child" demand that to provide the best possible parents, the pool of eligible applicants should be selected as widely as possible. Then let the personal characteristics of the applicants be the deciding factor, not an arbitrary demographic.

In arguing that the interests of the child demands two opposite sex parents, the Catholic church, and church adoption agencies, are ignoring the evidence of research, of the demands of reason, and even of their own practice - many church agencies will approve single parents. They are not in fact arguing for the interests of the child, but only the interest of defending their own misguided doctrines.

Friday, 25 June 2010

In Wisconsin, Not All Parents Are Equal

In Wisconsin, adoption by same sex couples is not recognised. Gay men and lesbians may adopt, but only as individuals. So when lesbian couple "Liz" and "Wendy" adopted two Guatemalan children, only one of them could be legally recognised. The couple decided that Liz, who went out to work as the breadwinner, would be named as legal parent, while Wendy stayed at home to provide child care. Years later, when the couple split up, Wendy wanted to have her status as parent legally recognised.

Now, she is the one who stayed at home, and provided the bulk of day to day care. In most divorces, judges are more likely to grant child custody to the mother, on the reasonable grounds that she is the one (usually) who has provided greater day to day care, and is likely to have a stronger emotional bond with the kids. Other things being equal, similar reasoning in this case would have led to a preference for custody going to Wendy. Other things though. are not equal in queer families, and an appeals court in Wisconsin has rejected Wendy's claim. Not only does she not get legal custody, in Wisconsin, she has no legal status as parent at all.

The high profile political battles for equality are over marriage equality (and in the US,  DADT, and ENDA). It is important that state by state in the US, and country by country elsewhere, we continue to push also for legal recognition of adoption rights, as single people or as couples.

A Wisconsin appeals court has ruled that despite being a stay at home mom for years a wisconsin woman is not considered a parent to the two adopted children she has been raising for years.
The court ruled that only the woman's former partner is their parent since the adoption was done in her name. Court records only refer to the women as Wendy and Liz. Wendy and Liz had been together for 7 years when they decided to adopt their first child. They adopted a second in 2004. Wendy quit her job to stay at home with the children. Liz was named as their legal parent so the children would be covered under her health care plan. Under Wisconsin law same-sex couple cannot adopt children together.
The couple ended their relationship in 2008 and agreed  to an informal co-parenting agreement. Wendy petitioned for legal guardianship to protect her rights to make legal and medical decisions for the children. After originally agreeing to the guardianship, Liz changed her mind and objected.

Monday, 19 April 2010

Queer Families' Challenge for Catholic Church.

Catholic Church Must Learn to Deal With Children of Gay Parents.

Last month, there was a brief flurry of outrage when a Boulder Catholic school, under pressure from the parish priest and the local bishop, told a couple of lesbian parents that their children were no longer welcome, and should look for another school elsewhere.  Like so many news stories, this one has died down, and for all the full, has been all but forgotten,except for those directly affected.  Meanwhile, an Arkansas judge this week ruled that a state ban on adoption which voters approved in November 2008 was invalid; a series of court rulings in Florida have approved three specific applications for adoption by gay parents, in spite of the state's constitutional ban; and in Argentina, the Lower House of parliament will soon be considering legislation to approve both gay marriage and gay adoption. What the stories from Boulder completely overlooked, is how very many children are already in Catholic schools.  That number is sure to rise, as increasing public acceptance around the world encourages more Catholic couples to declare their relationships openly, and as some of those in turn seek to adopt, or to retain custody of their own children. A good proportion of these, like any other Catholic couple, will seek to have their offspring  educated in Catholic schools.


Gay Parents, Gay Pride Paris 2007

This is not new.  One of the parents who were interviewed by National Catholic Reporter for their series on responses to the exclusion, says that she was herself raised by lesbian mothers, but was educated in a Catholic school without any problems being raised.  That was a generation ago. There are assuredly many more such children in Catholic schools today.
One lesbian mom's experience of acceptance by a Catholic school
In a long and thoughtful piece at dot Commonweal, one lesbian and deeply committed Catholic mother tells of her very different experience in enrolling her children.  There are many important features in this piece that I would like to dig into further, but for now I want to focus specifically on the question of her success in having her children accepted by a Catholic school.  In particular, I was struck by two parts of the response by the local priest when they went to see him, not about schooling, but just about attendance in church as a family: he asked them if they would be sending their sons to the Catholic school; and that he believed they already had other children with gay parents.
From Dot Commonweal:

We didn’t want that reality just sprung on him, a thoughtful and decent man who, we expected, might get an earful from a few parishioners in the ensuing days and weeks. We asked if our coming to church like that was OK with him. Our priest said he appreciated the heads-up. “Just come, just come,” he insisted, expressing considerable relief that we had nothing else to discuss (“When I saw your names in my appointment book, I was afraid you might be asking me to bless your union”). He then inquired as to the boys’ names and ages and, hearing that the eldest would be almost six, asked, “Will you send him here, then, for school?” My partner and I shot a glance at each other. We said we hadn’t figured that was a possibility. We’d been struggling with the school question a bit. Sending the kids to the village public school in the very rural district where we lived was out of the question. We wanted a more demanding education for them. Sending them to our parish school in the small city in which we worked was, we had thought, equally out of the question. The priest raised both eyebrows. “No, not out of the question. Not at all. Send them here. In fact, I don’t even think you’d be the first same-sex couple to do so.” We’d had no idea. He thought a bit, came up with the family’s name, and said he thought all three of the girls were still enrolled and doing fine.
Was this remarkable, or unusual? Probably not. With the increasing visibility of gay and lesbian couples, and with  improving legal and administrative procedures  for approving gay adoption and custody applications, there are today many thousands of children being raised by same sex parents, as couples or as single parents.  Those children will go to school just as any others, and it is entirely likely that a high proportion of schools will include on their rolls children from such families. There is no reason to suppose that Catholic schools are fundamentally different and entirely free of gay or lesbian parents (although the incidence may well be lower).

The Challenge:

Catholic teaching is clear that the Church has a fundamental responsibility to all children who have been baptized and so accepted into its fold, so it is entirely correct that these schools should be accepting these children, whatever Fr Bill in Boulder might believe. I suspect that this is issue of responding appropriately to queer existing queer families is going to be in increasingly important challenge to the Church,  as the number of openly gay and lesbian parents continue to grow, in the US and elsewhere around the world. The actions in Boulder got the news, but they were exceptional and in conflict with clear teaching on the responsibility of the Church to the child.  As an increasing number of children from queer families are accepted and educated in Catholic schools, so their friends and classmates will grow up knowing at first-hand the reality that diverse family patterns exist. Just as earlier generations of children knew and understood that some children had only one mom and no pop (or the other way around), so a new generation is learning that some kids have two moms. At the same time, kids are coming out themselves at ever earlier ages, and it is widely recognised that today's children do not have the same hangups about "homosexuality" that their parents did. Already, the majority of  US Catholics do not agree that homoerotic relationships are immoral. Young people educated in Catholic schools with friends who openly identify as queer, or whose parents do so, will be even less inclined to simply accept Church teaching.
Earlier posts:

Boulder School Exclusion: Other Parents' Reactions

Boulder Parents: "They told Us in School To Love Everyone"

Lesbian Parents, Boulder Catholic School (3)

Lesbian Mums, Catholic Schools: The Voice of Experience

Books:

Garner, Abigail: Families Like Mine: Children of Gay Parents Tell It Like It Is

Newman, Leslea: Heather Has Two Mommies: 10th Anniversary Edition (Alyson Wonderland)