Change the World

Victory for LGBTQ Parents in Arizona

Earlier this week, the Arizona Supreme Court provided legal safeguards for non-biological parents, welcome news for many LGBTQ parents who are not genetically related to their children.


The case McLaughlin v. McLaughlin involved a married lesbian couple, Suzan McLaughlin and Kimberly McLaughlin, the latter of who conceived a child with the held of an anonymous sperm donor during their marriage. After the couple split in 2013, Kimberly attempted to sever all contact between her ex-wife and their child. Suzan, with the backing of the National Center for Lesbian Rights (NCLR), sued to be recognized as a legal parent of her child. This week' ruling, along with two lower court decisions, found in favor of Suzan's parental rights.

"I am relieved and overjoyed that the court recognized me as my son's mother," Suzan said in a statement released by the NCLR. "All I have ever wanted is to be there for him like any mother would."

In finding in favor of non-biological parents in same-sex marriages, the Arizona Supreme Court relied on the Supreme Court ruling in Obergefell v. Hodges, which as argued by the NCLR essentially requires states to treat same-sex married partners no differently than their heterosexual counterparts, whose parenting rights are assumed upon marriage. As the court explained in its ruling: "It would be inconsistent with Obergefell to conclude that same-sex couples can legally marry but states can then deny them the same benefits of marriage afforded opposite-sex couples."

The Arizona Supreme Court also relied on the recent U.S. Supreme Court decision in Pavan v. Smith, which further emphasized that married same-sex parents should be treated no differently. For more on this case, read the NCLR's statement on the decision.

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Anyone else doing double-takes on Instagram lately? We've rounded up some of the most adorable pics of gay men doubling the fun by raising twins. Check them out, and send your own adordable twin pics to dads@gayswithkids.com!

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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.

Entertainment

How Fatherhood Has Impacted Tom Daley's Diving Career for the Better

British diver Tom Daley, and new-ish gay dad, is looking to qualify for the 2020 Olympics in South Korea.

British diver Tom Daley is currently in the running to qualify for the Tokyo 2020 Olympics in South Korea, his fourth if he competes, at the young age of just 26.

But he also has another concern that most young gay men his age couldn't fathom—fatherhood. He and his husband, filmmaker Dustin Lance Black, recently welcomed Robbie Ray via surrogacy in June 2018.

In an interview with the Independent, Daley explained how fatherhood has changed his routine and training, which he says is often for the better.

"It has changed my life completely in all of the best ways possible," Daley said. "It has changed my perspective, the way I think about things. [My son] is the most important thing in my life, everything I do is for him, everything I think about he is at the forefront of everything."

With respect to his diving career, Daley continued, "if you have a bad day at training, or a good day, you are grounded immediately when you get home through the door because you are having cuddles or you are having to change a dirty nappy. It is the first time that I have been able to leave diving at the diving board and not think about what I need to the next day in the pool."

Whatever the challenges he faces while training, he said, "I can leave it there because you don't have time to think about diving when you are looking after a kid under one."

The strategy seems to be working in Daley's favor. He recently enjoyed his most successful FINA Diving World Series ever this past Spring in Canada, winning 12 medals across five events. And barring any major catastrophe, he is overwhelmingly expected to qualify for South Korea 2020.

And we can't wait to cheer the young dad on!

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?

Fatherhood, the gay way

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