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.

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Gay Dad Family Stories

Gay Dads Forced to Flee Russia Find Refuge in Seattle

After fleeing Moscow last spring, this family of four has started new lives for themselves in Seattle.

For almost ten years, Andrei Yaganov, 45, and his husband Evgeny Erofeev, 32, managed to live a fairly ordinary life in Moscow, Russia. The two men both held down respectable office jobs. And their two sons — Denis and Yuri, now 14 and 12 respectively — went to daycare and school without issue. Despite being headed by a same-sex couple in a country with notoriously aggressive laws and attitudes towards the LGBTQ community, the foursome went about their lives just like any other family.

Adoption by LGBTQ couples, like same-sex marriage, is illegal in Russia. But the couple managed to circumvent the ban by having Andrei adopt as a single parent. Andrei became only the third single man in Moscow, he was told during his placement process, to do so.

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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.

Change the World

Uber Driver Accuses Gay Dads of Child Trafficking

An Uber driver in San Diego reportedly accused two gay dads of child trafficking because their child "didn't have a mother."

[An update on this story as of February 17, 2020: Uber Support has still yet to respond to James Moed and his multiple requests from further comment. The driver who falsely accused the gay dads of kidnaping their own child, in fact, continues to "drive around with a "Pro Diamond" status with a 4.93 rating," James said in a recent Tweet.]

On January 29 of this year, James Moed took an Uber with his husband, and their newborn son, to the Marriott Marina hotel in the San Diego area. As their newborn son cried in the backseat of the car, the family's driver offered this piece of helpful advice:

The baby just needs his mother.

Any queer dad has been through this scenario a million times — the dreaded "Where's the Mommy?" question. But even when the dads explained that their son had two fathers, not a mother, the driver "didn't back down," Moed said via Twitter.

Little did the couple realize just how perplexed the driver actually was. At 1:30am in the morning, the couple was greeted by a loud knock on their hotel door. Officers from the Port of San Diego Harbor Police Department were on the other side, demanding to see the couple's identification — and their son's.


"It turns out the Uber driver who had taken us to the hotel had called the cops – accusing us of child trafficking? Endangerment?" Moed wrote on Twitter. Though the situation was quickly resolved, the couple was nonetheless — and understandably — "freaked out."

"What if we hadn't had his passport?" Moed wrote. "Where can my queer family travel safely?"

The couple took their complaints to Uber. In response — they were refunded $10. "Keep your $10," Moed wrote. "We want proof you keep your LGBTQ riders safe."

After Pink News requested further comment from Uber, the company gave the following canned response:

"As soon as we learned of this incident we launched an investigation. Our Community Guidelines make clear that we do not tolerate discrimination."

The dads, however, are keeping up the fights, demanding evidence of some sort of LGBTQ sensitivity training their drivers must undergo. We'll keep you posted as we learn more.

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 Nejc 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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Gay Dad Life

What's Life Like as a Single Gay Dad? These Guys Sound Off

We checked in with some of the single gay dads in our community to see what life is like while parenting solo

March 21st is Single Parents Day! To celebrate, we checked in with some single gay men in our community to sound off on what life is like while parenting solo — the good, the challening and everything in between.

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Fatherhood, the gay way

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