News

New York Will Fight 'Repugnant' Trump Rule on Adoption, Says Cuomo

Governor Andrew Cuomo of New York promises legal action of the Trump administration moves ahead with plans to allow discrimination against LGBTQ adoptive and foster parents

Last week, the Trump administration announced plans to allow adoption and foster care agencies to discriminate against prospective LGBTQ parents — but he may face a legal fight from (former) hometown. In a tweet, Governor Andrew Cuomo of New York said the proposed move "isn't just discriminatory and repugnant to our values,— it's also heartless and dumb as it would deny countless children a loving family and a safe place to call home." If the proposal moves forward, he continued. "we'll take legal action to stop it.

Governor Cuomo's office followed up the tweet with a lengthier statement posted to their website:

Once again the Trump administration is attacking the hard-earned rights and protections of the LGBTQ community, this time proposing a new measure that would give foster care and adoption agencies license to discriminate based on sexual orientation or gender identity.

Trump's proposal isn't just discriminatory and repugnant to our values — it's also heartless and dumb as it would deny countless children a loving family and a safe place to call home. If he moves forward with this rule, we'll take legal action to stop it.

No matter what happens in Washington, New York State is and will continue to be a beacon of equality in this country. Our Human Rights Law and adoption regulations expressly prohibit discrimination against the LGBTQ community, including when it comes to adoption. I encourage any LGBTQ New Yorker who feels they are a victim of this discrimination to contact the State Division of Human Rights for assistance.

Our message to the Trump administration is simple: there is no place for hate in New York or in our nation, and we will not allow this noxious proposal to stop LGBTQ New Yorkers from becoming parents or providing care to children in need.

News

Trump Administration to Allow Discrimination Against LGBTQ Foster and Adoptive Parents

In its latest move against the LGBTQ community, the Trump administration has proposed a rule that will give adoption and foster care agencies license to discriminate on the basis of religion

On Friday, the Department of Health and Human Services proposed a new rule to reverse an Obama-era policy prohibiting discrimination on the basis of sexual orientation and gender identity — allowing foster and adoption agencies to legally refuse to work with prospective adoptive and foster parents who identify as LGBTQ on the grounds of religious belief.

Denise Brogan-Kator, speaking to the New York Times, said the proposal would have an "enormous" impact on the LGBTQ community, noting that all organizations that get funding from the department will be "free to discriminate."

The White House, for its part, proclaimed the proposed rule was promoting "religious freedom," saying in a statement that "the federal government should not be in the business of forcing child welfare providers to choose between helping children and their faith."

As the New York Times pointed out, LGBTQ couples with children are far likely than different-sex couples to be raising adopted children. This move in support of so-called "religious freedom," then, will merely negatively impact the more than 400,000 children currently in the foster care system by denying them loving homes with LGBTQ individuals and couples.

Read more about this rule here. We'll be sure to keep readers up to speed as this issue develops.

When Seattle husbands Rich and Brian found out they were going to be dads, their initial reaction was panic. "It was so early in the adoption process, we weren't really ready for anything," remembered Brian. "We hadn't read any books, we didn't have a crib, we had nothing... we were going to be dads and the baby was going to be here in a week!"

"I didn't really think about being a parent," added Rich, "and more what do we needed to do logistically, and how we were going to make it all work."

The dads adopted Emerson from birth and raising a girl has taught the dads a lot; they are her biggest advocates. The dads are making sure that they're "raising a girl who feels empowered and able to speak up, play sports, just as anyone else does."

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News

Michigan Judge Allows Faith-Based Discrimination Against LGBTQ Adoptive Parents to Continue

Discrimination against LGBTQ parents can continue in Michigan, says judge

Last month, U.S. District Judge Robert Jonker ruled in a motion that faith-based adoption agencies are allowed to discriminate against prospective LGBTQ parents on the basis of religious belief. The state's Attorney General, Dana Nessel, asked the judge for a stay while she appealed the decision to a higher court. Last week, the judge denied the motion, effectively allowing adopting agencies to discriminate immediately.

The case involves St. Vincent Catholic Charities, who sued the state of Michigan, contending the adoption agency should be exempt from the state's anti-discrimination laws on the grounds that LGBTQ parenthood violets the church's religious beliefs.

This decision "turns the status quo on its head rather than maintaining it," Attorney General Nessel said in her motion. She wrote further that such a move "presents significant, potential injury" to children who need homes, and limits "the number of applicable families for children in a foster care system who desperately need families."

The judge, in turn wrote that "Under the attorney general's current interpretation of Michigan law and the parties' contracts, St. Vincent must choose between its traditional religious belief, and the privilege of continuing to place children with foster and adoptive parents of all types."

We'll be following this case as Attorney General Nessel's office appeals this decision. Read more about the case here.

Change the World

ACLU Sues Trump Administration Over Plans to Discriminate Against LGBTQ Adoptive Families

Ahead of the Trump administration's planned rule to allow discrimination against LGBTQ adoptive parents on the basis of religion, the ACLU announced a lawsuit

Jim Watson/AFP/Getty

The Department of Health and Human Services recently hinted that it is preparing to issue a rule that would allow state-funded child welfare agencies to legally discriminate against same-sex couples. The rule would apply nationwide, depriving some of the over 440,000 children currently in the foster care system in the United States the opportunity to find loving homes with LGBTQ parents.

Fortunately, the ACLU quickly announced plans to sue, even before the policy has been officially released. A statement by Leslie Cooper, Deputy Director, ACLU LGBT & HIV Project said, "We're not waiting for the Trump administration to drop this rule, which would go against long-standing best practices supported by every major child welfare organization and former foster youth." The legal rights organization is also suing South Carolina, Cooper said, based on a similar state-based effort to allow discrimination against local LGBTQ parents on the basis of religious objections.

The Trump administration is seeking to roll back protections put in place for LGBTQ adoptive and foster care parents under the Obama administration that made it illegal for an child welfare agency receiving federal funding to refuse to work with same-sex couples.

Read the entire ACLU announcement here. We'll be sure to keep you updated as the story progresses.

News

Kansas' New Governor Is Already Making Moves to Protect LGBTQ Families

According to several recent interviews, Governor-elect Laura Kelly hopes to rescind a recently passed law that allows adoption agencies to discriminate against LGBTQ parents

Laura Kelly, Governor-elect of Kansas, and one of the most surprising Democratic victors to come out of the 2018 midterm elections, is already proving her pro-LGBTQ bonafides. Recently, she vowed to block a new state law that allows adoption agencies to discriminate against LGBTQ couples, arguing the such a move was unconstitutional.

"If there is way to direct the agency to not implement that, then I will do that," Kelly said during her first post election press conference, according to NBC News.

The law, which passed earlier this year, currently allows agencies that receive taxpayer money to refuse to place children with a variety of would-be parents, including LGBTQ couples, interfaith couples, and single parents. Governor-elect Kelly, who was until her recent election a former state senator representing Topeka, was among the legislators to vote against the measure.

According to Gay Star News, Kelly also recently promised to sign an executive order protecting state workers from discrimination on the basis of sexual orientation. Though Kansas' last Democratic Governor, Kathleen Sebelius, signed a similar measure into effect back in 2003, it was rescinded once Republican Governor Sam Brownback took office.

Prohibiting protection of state LGBTQ employees is "absolutely unconstitutional," according to Tomas Witt, Executive Director of Equality Kansas in a recent interview with Metro Weekly. "These are agencies providing a service to taxpayers with taxpayer dollars, and turning away taxpayers. This type of statute has been struck down in other states, and we expect that if this goes to court, it will be struck down in Kansas as well."

We will be sure to keep GWK readers posted as these stories unfold in Kansas.

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