Politics

Supreme Court to Hear Major Case Concerning LGBTQ Foster Care Parents

The Supreme Court agreed to decide whether cities are allowed to exclude tax-funded adoption agencies from foster care systems if they refuse to work with gay couples.

In 2018, city officials in Philadelphia decided to exclude Catholic Social Services, which refuses to work with LGBTQ couples, from participating in its foster-care system. The agency sued, claiming religious discrimination, but the United States Court of Appeals for the Third Circuit unanimously ruled against the agency, citing the need to comply with nondiscrimination policies.

The case, Fulton v. City of Philadelphia, follows a 2018 Supreme Court decision regarding a Colorado baker who refused to make a wedding cake for a same-sex couple. In that case, the court narrowly ruled that the baker bad been discriminated against, on religious grounds, by the state's civil rights commission. It did not decide the broader issue: whether an entity can be exempt from local non-discrimination ordinances on the basis of religious freedom.

The court — whose ideological center has shifted to the right since the addition of Justice Brett Kavanaugh in fall 2018 — may choose to do so now. Advocates quickly called on the court to consider the potential impact on the more than 400,000 children currently in the foster care system:

"We already have a severe shortage of foster families willing and able to open their hearts and homes to these children," said Leslie Cooper, deputy director of the ACLU LGBT & HIV Project. "Allowing foster care agencies to exclude qualified families based on religious requirements that have nothing to do with the ability to care for a child such as their sexual orientation or faith would make it even worse. We can't afford to have loving families turned away or deterred by the risk of discrimination."

"It is unconscionable to turn away prospective foster and adoptive families because they are LGBTQ, religious minorities, or for any other reason unrelated to their capacity to love and care for children," said HRC President Alphonso David. "We reject the suggestion that taxpayer-funded child welfare services should be allowed to put discrimination over a child's best interest. This case could also have implications for religious refusals that go far beyond child welfare. The Supreme Court must make it clear that freedom of religion does not include using taxpayer funds to further marginalize vulnerable communities."

The court may choose to override a 1990 decision, Employment Division v. Smith, which created the current standard for carving out religious exemptions. In that case, the court ruled that laws that target a specific faith, or express hostility towards certain beliefs, are unconstitutional — but this standard has long been abhorred by religious conservatives, who think it doesn't offer enough protections for religions. If the court does overrule Smith, it could have far-ranging consequences. " As noted on Slate, "it would allow anyone to demand a carve-out from laws that go against their religion, unless those laws are 'narrowly tailored' to serve a 'compelling government interest.'"

The four members of the court's conservative wing — Thomas, Alito, Gorsuch, and Kavanaugh —have all signaled an openness to reconsider Smith. The ruling's fate, then, likely rests in the hands of the court's new swing vote, Chief Justice Roberts.

For more, read the full article on Slate.

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Politics

Gestational Surrogacy Legalized in New York State

The Child-Parent Security Act, which legalizes commercial surrogacy in New York State, was included in the 2020 New York State Budget signed by Governor Cuomo

Yesterday, a years-long battle about the state of compensated gestational surrogacy came to an end in New York when the Governor signed into a law the Child-Parent Security Act in the 2020 as part of the state budget.

The effort stalled last year after opponents, including several Democrats, successfully argued that the bill didn't go far enough to protect women who serve as surrogates — even though it included a surrogate "bill of rights," the first of its kind in the country, aimed at ensuring protections.

"Millions of New Yorkers need assistance building their families — people struggling with infertility, cancer survivors impacted by treatment, and members of the LGBTQ+ community," the Family Equality Council said in a statement about the victory. "For many, surrogacy is a critically important option. For others, it is the only option. Passage of the Child-Parent Security Act is a massive step forward in providing paths to parenthood for New Yorkers who use reproductive technology, and creates a 'surrogate's bill of rights' that will set a new standard for protecting surrogates nationwide."

Opponents, led by Senator Liz Krueger, had once again attempted to torpedo legalization efforts this year by introducing a second bill that would legalize surrogacy in New York, but also make it the most restrictive state in the country to do so. "A bill that complicates the legal proceedings for the parents and potentially allows them to lose their genetic child is truly unfortunate," said Sam Hyde, President of Circle Surrogacy, referencing to the bill's 8-day waiting period. He also took issue with the bills underlying assumptions about why women decide to serve as a surrogate. The added restrictions imply that "they're entering into these arrangements without full forethought and consideration of the intended parents that they're partnering with," he said.

The bill was sponsored by State Senator Brad Hoylman, an out gay man who became a father via surrogacy, and Assemblymember Amy Paulin, who has been public with her experiences with infertility.

"My husband and I had our two daughters through surrogacy," Holyman told Gay City News. "But we had to travel 3,000 miles away to California in order to do it. As a gay dad, I'm thrilled parents like us and people struggling with infertility will finally have the chance to create their own families through surrogacy here in New York."

"This law will [give intended parents] the opportunity to have a family in New York and not travel around the country, incurring exorbitant costs simply because they want to be parents," Paulin said for her part. It will "bring New York law in line with the needs of modern families."


Politics

Michigan Residents Gain Signatures to Prohibit LGBTQ Discrimination

Michigan Gains 100,000 Signatures to stop discrimination within the LGBTQ community.

A coalition of civil rights, business and political leaders are launching a petition to expand Michigan law by including anti-discrimination protections for gay and transgender residents. It was an idea first proposed in the year 1983 and has grown extremely popular due to the nationwide legalization of same-sex marriage in 2015. Trevor Thomas, a co-chair of the new Fair and Equal Michigan ballot committee and board chair for Equality Michigan Action stated, "We just want to be judged on the job we do — not who we are or who we love—and we want to be treated equally in the eyes of government."

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Politics

Utah Bill Would Allow Gay Men to Enter Surrogacy Contracts

Rep. Patrice Arent of Utah is sponsoring a bill that will remove a provision that currently prohibits gay men from entering into commercial surrogacy contracts in the state.

Though Utah is not one of the three states that currently prohibit commercial surrogacy contracts, the state's current policy does specifically exclude gay men from doing so. That may soon changed, however, thanks to a bill in the state's legislature that was unanimously voted out of a House Committee that would remove that restriction.

The bill, sponsored by Rep. Patrice Arent, D-Millcreek, a Democrat, was created in response to a ruling by the Utah Supreme Court this past August that found the ban on gay men unconstitutional.

Gay men have been excluded from legally entering surrogacy contracts due to a provision in the current law that requires medical evidence "that the intended mother is unable to bear a child or is unable to do so without unreasonable risk to her physical or mental health or to the unborn child," Rep. Arent told the Salt Lake Tribune — a requirement that clearly excludes gay male couples.

The state's original surrogacy law dates back to 2005, before same-sex marriage was legalized in the state, which accounts for the gendered language. Though the state's Supreme Court already ruled the provision unconstitutional, Rep Arent further told the Tribute that, "People do not look to Supreme Court opinions to figure out the law, they look to the code and the code should be constitutional."

Personal Essays by Gay Dads

Just Like Dad: Ways My Kids and I Are Alike

Joseph Sadusky recounts the ways he and his adopted sons are cut from the same cloth.

Editor's Note: This is the third in a series of excerpts from Joseph Sadusky's new book, Magic Lessons: Celebratory and Cautionary Tales about Life as a (Single, Gay, Transracially Adoptive) Dad. The book contains many stories about my life as a dad, as well as lessons learned, and we're excited to share several excerpts from the the book over the course of the next few months. Read previous installments here!

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Expert Advice

4 Tips for Single Gay Dads Raising Daughters

Here are some ways to create a safe space for your daughter to discover who she is, with you by her side.

There's nothing quite like father-daughter relationships, and when it comes to single dads, your little girl likely holds a very special place in your heart. From the moment she's born, it's as if you can see every moment of her life in front of you, from her first steps to walking her down the aisle at her wedding. You'll be the first man she'll know and talk to, and you'll be her biggest example of what a loving man looks like. She'll come to you for advice on how to navigate challenges, be independent, treat others and grow into herself.

Your relationship with your daughter may be shaped by your personal history, whether you've been through a difficult divorce or breakup, you've transitioned out of a straight relationship, or you made the courageous decision to pursue surrogacy on your own. Whatever your situation is, studies have shown that children with involved fathers excel more in school and have fewer behavioral issues in adolescence.

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Change the World

After Suffering a Violent Homophobic Attack, This Gay Dad Turned to Advocacy

After Rene suffered a brutal homophobic attack that left him hospitalized, he and his family have turned to advocacy to heal

Guest post written by Rene and Nejc

We are Rene (35) and Nejc (29) and we come from Slovenia, Europe. I was an avid athlete, a Judoist, but now I am an LGBT activist and Nejc is a writer, who published a gay autobiography called Prepovedano. He was also a participant in a reality show in Slovenia (Bar) and he is an LGBT activist too. Nejc and I met by a mere coincidence on Facebook, and already after the first phone call we realized that we are made for each other. Nejc and I have been together as couple almost one year. We think we have been joined by some energy, as we have both experienced a lot of bad things with previous relationships and now we wish to create and shape our common path.

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Gay Dad Life

10 of Our Most Popular Posts Featuring Single Gay Dads

Happy Single Parent's Day! To celebrate, we rounded up some of our most popular articles featuring single gay dads.

Did you know March 21st is Single Parents Day? Well now you do, and you should mark the occasion by checking out our round up of some of our most popular articles featuring single gay dads!

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