Politics

Utah Court Rules Gay Couples Can't Be Excluded From Surrogacy Contracts

The Utah Supreme Court found in favor of a gay couple attempting to enter into a surrogacy contract.

DRAKE BUSATH/ UTCOURTS.GOV

Earlier this month, the Utah Supreme Court ruled that a same-sex couples can't be excluded from entering into enforceable surrogacy contracts, and sent a case concerning a gay male couple back to trial court to approve their petition for a surrogacy arrangement.

As reported in Gay City News, the case concerns Utah's 2005 law on surrogacy, which was enacted prior to the legalization of same-sex marriage in the state. As a result, the content of the law is gendered, saying that surrogacy contracts should only be enforceable if the "intended mother" is unable to bear a child. When a gay couple approached District Judge Jeffrey C. Wilcox to enter into a surrogacy arrangement, he denied them, arguing that the state's law only concerned opposite sex couples.

"This opinion is an important contribution to the growing body of cases adopting a broad construction of the precedent created by Obergefell v. Hodges and the Supreme Court's subsequent decision in Pavan v. Smith," according to GCN. "It's also worth noting that same-sex couples in Utah now enjoy a right denied them here in New York, where compensated gestational surrogacy contracts remain illegal for all couples."

Read the full article here.

Personal Essays by Gay Dads

Thoughts and Prayers Aren't Working:​ One Father's Plea for Gun Reform

One gay dad's plea to our leaders to enact sensible gun control

My articles on GaysWithKids aspire to be lighthearted, helpful and humorous. This one won't be any of those things. Because I'm feeling heavyhearted, helpless and sad. Last week I woke up to news of yet another mass shooting. This time at a family-friendly Garlic Festival in northern California. I don't know if it's because this one hit so close to home, or if it's because the headline included a picture of the innocent 6-year old who was among those killed, but I am overcome with emotion. But mostly I am angry. And I don't know what to do with my anger.

Then, just a few days later came two additional horrific mass shootings that stole the lives of at least 32 more innocent people, many of them children. And then there's the "everyday" gun violence that plagues American cities like Chicago, where guns injured another 46 people this past weekend alone… creating so much turmoil, a hospital had to briefly stop taking patients.

How does one verbalize the collective sadness felt around the world? One can't. And that's why I am asking everyone reading this article to commit to getting involved in some way, to help end this epidemic once and for all. Even though the solution is so obvious, we can't allow ourselves to become numb to mass shootings. Because becoming numb isn't going to save anyone.

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Gay Dad Life

New Zealand Member of Parliament Becomes First-Time Gay Dad

Tāmati Coffey, a member of New Zealand's Parliament, just welcomed a son with his husband Tim Smith.

New Zealand Labour MP (Member of Parliament) Tāmati Coffey and his husband Tim Smith became first-time dads on July 10, 2019 when they welcomed their son Tūtānekai Smith-Coffey via surrogate. Needless to say, the dads are overjoyed to finally become parents.

Tāmati, MP for the Waiariki electorate and former TV weatherman, and his husband Tim, a former music teacher from Northern England, had a civil union in 2011 and have been together 10 years. Fatherhood had been "a long time coming," Tāmati had said when he announced that he and Tim were expecting at Auckland's Big Gay Out.

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Change the World

Judge's Decision in NY 'Compassionate Surrogacy' Case Involving Gay Dad Overturned

Though compensated surrogacy remains illegal in New York State, "compassionate surrogacy" arrangements are remain legal

Last week, an unanimous four-judge panel, part of the New York Appellate Division in Brooklyn, New York, revived a gay dad's petition to adopt his son born via surrogacy. The dad, identified as "Joseph P." in court documents, had earlier been denied his petition to adopt by a Queens County Family Court Judge, John M. Hunt. The Queens judge denied the petition because compensated surrogacy contracts are illegal in New York. However, the child born to Joseph was born via "compassionate surrogacy," meaning his gestational surrogate was not compensated.

The Appellate court's decision, written by Justice Alan D. Scheinkmanm called Hunt's decision "clearly erroneous," and held that a new Family Court judge should re-hear the case.

Judge Hunt's decision is all the more confusing since Joseph had actually already become a father via surrogacy in New York—three times over. In each instance, he used donor eggs and a friend serving, voluntarily, as the gestational surrogate. He had his first child in 2012, and then twins the following year. In all three instances, a Family Court judge granted Joseph's adoption petition, given that each child was conceived via "compassionate surrogacy," meaning no money changes hands in the course of a surrogacy journey between carrier an intended parent. This type of surrogacy arrangement is not illegal under to New York law. The social worker in Joseph's latest attempt to adopt, Gay City News noted, also gave him a favorable review, calling him "a mature, stable, and caring person who intentionally created a family of himself, the twins, and John."

Gay City News notes: "Justice Scheinkman provided a careful description of the laws governing surrogacy in New York. The Legislature provided that surrogacy contracts are unenforceable and treated as void. However, the only surrogacy contracts actually outlawed are those where the surrogate is compensated. It was clear to the Appellate Division that the Legislature did not mean to outlaw voluntary surrogacy arrangements, merely to make them unenforceable in the courts. Those who enter into a compensated surrogacy agreement face a small monetary fine and people who act as brokers to arrange such agreements are liable for a larger penalty. There is no penalty for voluntary, uncompensated surrogacy arrangements."

Read the full article here.

Change the World

One Gay Dad's Fight Against Hate in Superior, Nebraska

Brian Splater is refusing to let homophobic and transphobic elected officials in his town go unchecked

Millie B. Photography

Guest post written by Brian Splater

No one ever should feel they will have a very lonely and secluded life as a child. But that is something me and many other gay kids believe as they are growing up.

The truth of the matter is there are people who will try everything in their power to have our rights go back in time instead of forward. It is very disheartening when these people are elected officials, or they are people who use their place of employment to spread their disgust and hate.

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Politics

America's First Gay Dad Governor Heads Into the Lion's Den

Colorado Governor Jared Polis recently became the first elected Democrat to speak at the annual Western Conservative Summit in Denver

Last Friday, American's first gay dad Governor, Jared Polis, became the first elected Democrat to speak at the Western Conservative Summit in Denver, where he urged the Republican crowd to help him build a "Colorado for all."

"While we should never gloss over the things that divide us, there is a lot more that unites us," Polis said. "When we close ourselves off from discussion or debate, and we reject the possibility of hearing and understanding other perspectives, it threatens the fabric of our democracy."

If he was hoping for a Kumbaya moment, he didn't exactly get it. As he was called to the stage, he was greeted with a smattering of applause—while others booed and shouted for a "recall" of the Governor.

"It was almost unbearable for me to sit there to listen to his talk," Abby Johnson, one of the event's attendees, told the Denver Post. "And I'm going to tell you why. He kept talking about equality for all persons, yet we live in a society where 60 million innocent human beings have been slaughtered in the name of choice. Where is their justice? Where is their equal rights?"

Polis was also criticized from his left flank for attending the same event that refuses to let the Log Cabin Republicans, a group of gay GOP members, participate—and that featured Donald Trump Jr. as a speaker the same day. "To me it feels like vanity," Katie Farnan, a staffer with progressive group Indivisible, told the Denver Post. "He can go and be a hip Democratic governor who isn't afraid to go into GOP sanctuary. Or maybe it's recall insurance. But unless he was there to hold them accountable for their support for fascist and racist policies, what's the point?"

In response to the criticism from both sides of the political aisle, Polis told the Colorado Sun: "I think it's very important that Coloradans of different ideologies, different races, different geographies, different orientations and gender identities all really celebrate that we're all part of what makes Colorado great."

The event is hosted each year by Colorado Christian University to bring together conservatives from around the state, and the larger West.

What do you think, dads? Was Polis's decision to speak at the event a savvy political move or mere pandering?

Change the World

Senator Kirsten Gillibrand Puts Parents at Forefront of "LGBTQ Rights Agenda"

The New York Senator, currently vying for the Democratic nomination for President, has released detail policy proposals in recent months to protect LGBTQ parents and children

Just in time for Pride month, Senator Kirsten Gillibrand, who is currently vying for the Democratic nomination for President in 2020, released her LGBTQ policy platform via a post on Medium. While most Democrats in the 2020 have given at least lip service to supporting LGBTQ rights (which itself is a remarkable feat, particularly when compared to the Democratic field in 2008), Senator Gillibrand's platform is detailed in scope, including a primary focus on the needs of LGBTQ parents and their kids.

The New York Senator starts by saying she would shore up protections for marriage equality. "I was proud to be one of the first senators to support marriage equality," she writes. "As president ... I would also move to permanently codify marriage equality as the law of the land and ensure that Obergefell v. Hodges can never be overturned."

She goes on to note that marriage is "just the beginning." In a similar post on Medium, issued in May of this year, Gillibrand released her "Family Bill of Rights." In that policy platform, Gillibrand says she'll fight for the right of every person to "give birth or adopt a child, regardless of your income or sexual orientation." She would seek to shore up legal protections through the passage of the Every Child Deserves a Family Act, which would prohibit taxpayer-funded adoption and child welfare agencies from discriminating against LGBTQ foster or adoptive families. But she would also move to require insurance companies to cover fertility treatments like IVF for "families, including LGBTQ couples, who can't get pregnant independently."

Lastly, she would require "hospitals in every state offer a gender-neutral parental form to ensure that both members of a same-sex couple can secure their parental rights from the day their child is born. You shouldn't have to adopt your own child just because of your gender."

We look forward to covering the detailed LGBTQ policy agendas of other 2020 contenders as they become available.

Change the World

Republican Utah Lawmaker, and Dad of Two, Comes Out as Gay in Moving Video

Nathan Ivie has many important identities he's proud of: Mormon, Republican, Utahn, father of two... and gay.

In a moving video posted to Facebook, Republican lawmaker Nathan Ivie finally admitted publicly something he's known since the age of 9: he's gay. Ivie, who serves as a County commissioner, is now the first openly gay Republican elected official in the state of Utah. His coming out video has already been viewed more than 25,000 times:

"There's no easy way to say this, I might as well just jump up and say it: I'm gay," Ivie says in the video. "That's my reality and that's what I need to talk to you about today."

In the video, Ivie reveals that he and his wife has separated. He refers to her as his "best friend and supporter," however, and that he is continuing to co-parent their two children with her.

"It's ok to be different, it's ok to live authentically," Ivie says in his video. "You can be gay and a Republican. You need to trust that people will love you for who you really are."

Jackie Biskupski, Salt Lake City's openly lesbian Democratic mayor, praised Ivie via Twitter, writing: "All the best to you, I love how a simple act of love among strangers helped you find your truth and that you are being embraced by family and friends."

Fatherhood, the gay way

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