Law Extends Parental Rights for Gays

Lesbians in the District no longer will need the written consent of their partners to adopt children born to their partners through artificial insemination, under a new law that took effect Saturday.

The name of a consenting spouse or unmarried partner will appear on the child’s birth certificate as the legal parent, a status that previously had to be obtained by same-sex parents through a complicated adoption process.

The Domestic Partnership Judicial Determination Parentage Act of 2009 puts the city out front when it comes to children born of same-sex parents, according to the National Center for Lesbian Rights (NCLR), the Gay and Lesbian Activists Alliance of Washington (GLAA) and American University law professor Nancy Polikoff.

See Law Extends Parental Rights for Gays

Washington Post

* Tags = gay men gay news lesbian news transgender bisexual

Published by 

Original source : http://gay_blog.blogspot.com/2009/07/law-extends-p…

Tags: Act, Acti, Activist, Activists, Adop, Adoption, Ads, Ali, Amp, Anc, Artificial Insemination, Ba, Bia, Birth Certificate, Bisexual, Blog, Blog Blogspot, Blogger, Blogs, Border, Coord, Cw, Dom, Domes, Domestic Partner, Domestic Partners, Domestic Partnership, Eric, Erica, Fo, Fr, gay, Gay And Lesbian, gay men, Gay New, Gay News, Gays, Gin, Glaa, google, Images, Ins, Judicia, Judicial Determination, Law Prof, Law Professor, Ld, Lea, Lead, Leads, lesbian, Lesbian Activists, Lesbian Activists Alliance, Lesbian News, Lesbian Rights, Lesbians, Lt, Map, Marr, Mp, N News, Nan, Nancy, Nbsp, Nclr, Original Source, Ouse, Pac, Paren, Parentage, Parental Rights, Parents, Partner, Partnership, Pl, Pos, Pot, Professor Nancy, Rea, Rent, Rig, Rr, Same Sex Parents, sex, Shap, Sig, Sit, Sourc, Span, Tag, Target, Ted, Tent, Transgender, Uni, Url, Verd, Vet, Washington Post, Wh

Australian Gay parents welcomed. Just not for adoption

Katherine Eastaughffe and Una Harkin are lesbians.

They’re also mothers, to six-month-old Daniel, whom Katherine gave birth to after undergoing fertility treatment.

The Queensland Government has no problem with lesbians using IVF to have children.

Neither do they have a problem with taking on Katherine and Una as registered foster carers.

But they draw the line at gay adoption, meaning Una cannot be legally recognised as one of Daniel’s parents.

The Bligh Government’s refusal to consider same sex adoption is being used as part of a renewed push for federal laws preventing discrimination against gays and lesbians.

A Galaxy poll released today reveals 85% of Australians support the case for a national law on the issue.

Ms Eastaughffe told brisbanetimes.com.au the State Government’s Adoption Bill 2009, reintroduced to Parliament in April, was clearly discriminatory.

“It was a joint decision to have Daniel. He is very much both of ours,” Ms Eastaughffe said.

“If Una was a man, there’d be no issue either way. Either by having her name on the birth certificate or by being able to adopt him as a step-parent.

“It doesn’t make sense to me. A man might not be the biological father but he is still treated as the parent, but not if it’s a woman who’s the “non-biological parent”. That just seems outright discrimination.”

See Gay parents welcomed. Just not for adoption

Brisbane Times

* Tags = gay men gay news lesbian news transgender bisexual

Published by 

Original source : http://gay_blog.blogspot.com/2009/07/australian-ga…

Tags: Adop, Adoption, Adoption Bill, Ads, Ali, Ally, Amp, Antidiscrimination, April, Ased, Australia, Ba, Bia, Bil, Biological Father, Biological Parent, Birth Certificate, Bisexual, Bligh, Blog, Blog Blogspot, Blogger, Blogs, Border, Cal, Consi, Coord, Discrimination, Discrimination Against Gays And Lesbians, Equality, Era, Eve, Fertility Treatment, Fo, Foster Care, Foster Carers, Fr, gay, Gay Adoption, gay men, Gay New, Gay News, Gay Parent, Gay Parents, Gays, Gays And Lesbians, Gin, google, Gove, Harkin, Images, Ins, Intr, Ivf, Joint Decision, Lax, Ld, Lea, Lead, Leads, Lear, Legislation, lesbian, Lesbian News, Lesbians, Lt, Map, Mp, Mu, N News, Nbsp, Nme, Original Source, Outright Discrimination, Pac, Paren, Parents, Parliament, Poll, Pos, Pot, Queen, Queensland Government, Rea, Register, Rent, Requa, Rig, Same Sex, Same Sex Adoption, Sba, Sens, sex, Shap, Sig, Sin, Sourc, Span, State Gov, State Government, Tag, Target, Ted, Tent, Transgender, Url, usa, Vet, Wh, Wit, Woman

Bill Making Identification Change More Accessible for Transgender Persons Passes Key Assembly Committee, Moves One Step Closer to Becoming State Law

Sacramento – The Equal ID Act took one step closer to becoming law today when it passed the State Assembly Judiciary Committee by a 7-3 vote. The bill, sponsored by Equality California (EQCA) and introduced by Assemblymember Ted Lieu (D – Torrance), increases the legal rights and recognition enjoyed by transgender people by clarifying that qualified transgender people born in California can return to the county of their birth to obtain a court order reflecting their correct gender and accompanying name change. The court order is then used to obtain a corrected California birth certificate.

“All Californians deserve legal documentation that accurately reflects who they are,” EQCA Executive Director Geoff Kors said. “Once passed, this law will make it easier for transgender people both in California and beyond to obtain accurate identification, apply for jobs, and live their lives as full and equal members of society.”

Until recently, California law only allowed transgender persons to petition the court for an order recognizing a change of gender in the county in which they presently reside. Last month, the Transgender Law Center successfully challenged the residency requirement in the California Court of Appeals. In Somers v. Superior Court, the court held that the residency requirement violated the equal protection rights of California-born transgender people residing out of state. The Equal ID Act is the next step in ensuring that all Californians are able to obtain accurate birth certificates.

“The Equal ID Act would bring the Health and Safety Code up to date with case law,” said Kristina Wertz, Legal Director of the Transgender Law Center. “It would alleviate any confusion and ensure that California-born people residing in other states know that they, too, can be afforded the dignity of a birth certificate that reflects who they truly are.”

The new bill ensures that transgender people born in California know that they can return to the county of their birth to obtain a corrected birth certificate. It also provides greater access to transgender persons living in the state, allowing them for first time to petition the court in their home counties.

“The Equal ID Act would make it clear to others in my situation that they can go back to the counties in which they were born to get a court order changing their gender. It would save people all the trouble I went through finding attorneys and spending nearly four years in the courts,” said Gigi Marie Somers, who testified at this morning’s committee hearing. Ms. Somers, a transgender woman born in California, was unable to obtain a new birth certificate in the state of Kansas, where she now resides. Ms. Somers was the plaintiff in the legal action brought by the Transgender Law Center.

“The rights of Californians should not end at our state’s borders,” Assemblymember Leiu said. “The Equal ID Act makes certain every Californian has the freedom and liberty to be true to his or herself.”

Birth certificates are used as primary source of identification and are often necessary to secure other forms of identification, including social security cards and passports.
-30-
Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org
The Transgender Law Center (TLC) is a civil rights organization advocating for transgender communities. TLC uses direct legal services, education, community organizing, and advocacy to transform California into a state that recognizes and supports the needs of transgender people and their families. www.transgenderlawcenter.org

Published by 

Original source : http://gay_blog.blogspot.com/2009/05/bill-making-i…

Tags: 50 Pieces, Accurate Identification, Act, Acti, Actio, Ads, Advocacy Organization, Ali, Ally, Amp, Anc, Assembly Committee, Assembly Judiciary Committee, Assemblymember, Attorneys, Ba, Bey, Birth Certificate, Birth Certificates, Bisexual, Blogger, Border, Cal, Cali, Californ, California Birth Certificate, California Court, California Court Of Appeal, California Court Of Appeals, California Law, Californians, Case Law, Civ, Civi, Civil Rights, Civil Rights Organization, Committee Hearing, Community Empowerment, Confusion, Coord, Cou, Court Of Appeal, Court Of Appeals, Decade, Dignity, Doc, Education, Endi, Eqca, Equality, Equality California, Eve, Exec, Executive Director, Fbi, Fir, Fo, Fr, Freedom, gay, Gig, google, health, Images, Intr, Irs, Job, Jobs, Judicia, Judiciary, Judiciary Committee, Larg, Ld, Lea, Lead, Leads, Lear, Legal Director, Legal Documentation, Legal Protections, Legislation, lesbian, Lgbt, Lowe, Lt, Map, Members, Mp, Mpa, Mu, Nbsp, New Birth, Organization, Original Source, Pac, Passports, People, Petition, Pl, Plaintiff, Pos, Rea, Reed, Residency Requirement, Rig, Rights Organization, Rio, Rov, Rr, S Committee, Safety Code, Sec, sex, Sfo, Shap, Sit, Social Security, Spe, Sports, Ssa, State Assembly, State Of Kansas, Success, Superior Court, Target, Ted, Ties, Torrance, Transgender, Transgender Law, Transgender Person, Transgender Persons, Uni, Vet, Vote, Wh, Wit, Woman, Wou

California Court of Appeal Affirms Right of Transgender Individuals Living Out-of-State to Change California Birth Certificates

San Francisco, April 14, 2009 - In a groundbreaking victory for transgender people born in California, the California Court of Appeal ruled on Friday that any person can amend their California birth certificate regardless of their current state of residence. Previously, only current California residents could amend their California birth certificates.

In a unanimous decision, the California Court of Appeal held that all people born in California, regardless of where they currently reside, can petition a California court for a new birth certificate. The strongly-worded decision was authored by Presiding Judge James J. Marchiano, who stated that “we discern no compelling state interest in treating California-born transgender individuals who reside out of state differently from California-born transgender individuals who reside in California when either class seeks issuance of a new California birth certificate.”

The case was brought by Transgender Law Center (TLC) on behalf of Gigi Marie Somers. Ms. Somers, a sixty-seven year old transgender woman, was born in California and now lives in Kansas. Ms. Somers underwent sex reassignment surgery in 2005 and has lived as a woman for a decade. When she sought to have a new California birth certificate issued reflecting her female gender, she learned that out-of-state residents were required to obtain a court order from the state in which they resided. Unfortunately, Ms. Somers was not able to obtain a court ordered gender change from her county of residence in Kansas. Left in legal limbo and unable to change her birth certificate, Ms. Somers contacted TLC for help. After the San Francisco Superior Court denied her petition due to the residency requirement, TLC Legal Director Kristina Wertz represented Ms. Somers before the Court of Appeal.

“We are pleased that the Court of Appeal did the right thing for Ms. Somers and recognized her right to change her birth certificate,” said Ms. Wertz. “No one who is born in California should be denied the opportunity to change their birth certificate simply because they are transgender and have moved out of state. Ms. Somers can now rest assured that her birth record will always reflect who she truly is, a right that all people born in California enjoy. This is a landmark victory for transgender people all over the country.”

“I brought this petition because I did not feel that my transition would be complete until my birth certificate showed who I am. Everybody in my life accepts me for who I am, and I wanted to make sure my officials records did too,” said Ms. Somers. “I am extremely happy about this victory and grateful for all the work that TLC has done on my behalf.”

The decision also represents a victory for older transgender people. “It is courageous for a person at any age to fight for their identity. But to have a woman at the age of 67 seek recognition in two states to have her gender identity acknowledged takes remarkable bravery,” said Karen Taylor, Director of Advocacy & Training at Services & Advocacy for GLBT Elders (SAGE). “SAGE has many constituents who spent decades hiding who they were, living under terrible oppression and fear. We understand and celebrate the courage of all older adults who dare to step forward and demand to be acknowledged for who they are. Ms. Somers is an inspiration to all who seek justice and equal treatment, at any age.”

“We applaud the Transgender Law Center for winning this truly significant victory,” said Geoff Kors, Executive Director of Equality California (EQCA). EQCA is currently sponsoring the Equal ID Bill in the California legislature, which will statutorily ensure that transgender individuals can change their California birth certificates no matter where they presently live. Mr. Kors continued, “Our bill can now stand on the shoulders of this week’s landmark decision. Together, we are moving toward full equality for transgender people in California and across the country.”

The decision, Somers v. Superior Court, is currently available on the court’s website www.courtinfo.ca.gov/opinions/documents/A123445.pdf.
-30-
Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org
The Transgender Law Center (TLC) is a civil rights organization advocating for transgender communities. TLC uses direct legal services, education, community organizing, and advocacy to transform California into a state that recognizes and supports the needs of transgender people and their families. www.transgenderlawcenter.org

Published by 

Original source : http://gay_blog.blogspot.com/2009/04/california-co…

Tags: Act, Adult, Adults, Advocacy Organization, Ali, Ally, Amp, Anc, April, April 1, Ased, Ba, Birth Certificate, Birth Certificates, Bisexual, Blogger, Bravery, Break, Cal, Cali, California Birth Certificate, California Birth Certificates, California Court, California Court Of Appeal, California Legislature, California Residents, Civ, Civi, Civil Rights, Civil Rights Organization, Compelling State Interest, Constituents, Coord, Cou, Courage, Court Of Appeal, Current, Current State, Decade, Decades, Doc, Education, Eqca, Equal Treatment, Equality, Equality California, Eve, Exec, Executive Director, Fear, Female Gender, Fir, Fo, Fr, gay, Gender Change, Gender Identity, google, Grou, Images, Ins, Inspiration, James J Marchiano, Judge James, Landmark, Larg, Lead, Leads, Lear, Led, Legal Director, Legal Limbo, Legal Protections, Legislation, lesbian, Lgbt, Limbo, Lt, Map, Mp, Nan, Nbsp, New Birth, New California, Nme, Organization, Original Source, Pac, People, Petition, Pl, Plea, Pos, Presiding Judge, Rema, Rent, Residency Requirement, Rights Organization, Rio, Roun, Rr, San Francisco, San Francisco Superior Court, sex, Sex Reassignment Surgery, Sfo, Shap, Sig, Sit, State Residents, Superior Court, Target, Ted, Ties, Transgender, Transgender Individuals, Transgender Law, Two States, Unanimous Decision, Uni, Urge, Vet, Victory, Wh, Woman, Wou

Transgender woman wins birth certificate ruling

A 67-year-old Los Angeles native, now living in Kansas, won a state appeals court ruling in San Francisco on Friday that makes it easier for California-born transgender people to change their birth certificate, a document that can be critical in a security-conscious age.

Gigi Marie Somers was born male but has lived most of her life as a woman, and underwent sex-change surgery in 2005. She got a driver’s license with her new name and gender and sought a new birth certificate, but learned that Kansas was one of the few states that will not change a resident’s sex designation on a birth certificate.

Somers then turned to a California court, only to discover that a 1977 state law requires an application for a sex change on a new birth certificate to be filed in the county where the applicant now lives.

But Friday, the First District Court of Appeal said the law violates the rights of someone like Somers to be treated the same as a transgender person who still lives in California.

Any law that penalizes someone for moving to another state restricts the constitutional right to travel and can be justified only if it meets an urgent government need, which doesn’t exist in this case, Justice James Marchiano said in the 3-0 ruling.

For anyone in a similar situation, the case is important because of “the emphasis placed on identity documents in our post-9/11 world,” said attorney Matt Wood of the Transgender Law Center in San Francisco, which represented Somers.

He said the federal government and employers are increasingly requiring birth certificates or passports to establish the identity of applicants for various programs and jobs.

Legislation that would have the same effect as the court ruling, AB1185 by Assemblyman Ted Lieu, D-Torrance (Los Angeles County), was introduced in February but hasn’t passed yet, Wood said.

 See Transgender woman wins birth certificate ruling

Published by 

Original source : http://gay_blog.blogspot.com/2009/04/transgender-w…

Tags: Ace, Ali, Amp, Anc, Appeals Court, Assemblyman, Ba, Birth Certificate, Birth Certificates, Blog Blogspot, Blogger, Cal, Cali, California Court, Constitution, Constitutional Right, Coord, Cou, Court Of Appeal, Designation, District Court Of Appeal, Doc, Ebru, Era, Federal Government, Fir, First District Court Of Appeal, Fo, Fr, gay, google, Gove, Government Need, Hasn, Images, Ins, Job, Jobs, Justice James Marchiano, Lead, Leads, Lear, Led, Legislation, Los Angeles County, Lt, Map, Mp, Nbsp, New Birth, Nme, Original Source, Pac, Passports, People, Pl, Pos, Rio, Rr, San Francisco, Sec, sex, Sex Change, Sex Change Surgery, Shap, Sig, Sin, Sit, Span, Stab, State Appeals Court, Target, Ted, Torrance, Transgender, Transgender Law, Transgender Person, Urge, Vet, Wins, Woman, Wou

Court stays two men on birth certificate

Conflict between state laws mean case will wend its way through Federal courts. Adopted in NY.

Court stays two men on birth certificate

Conflict between state laws mean case will wend its way through Federal courts. Adopted in NY.

Federal court delays birth certificate for gay dads

(New Orleans, Louisiana) The 5th U.S. Circuit Court of Appeals has ordered a hold on a lower court ruling that gave the state of Louisiana 15 days to put both names of a gay couple on the birth certificate of their adopted son.

The state appealed the ruling and the 5th …

Judge orders La. to issue birth certificate showing 2 dads

(New Orleans, Louisiana) A federal judge has given the state of Louisiana 15 days to put both names of a gay couple on the birth certificate of their adopted son.

Oren Adar and Mickey Smith adopted their Louisiana-born son in 2006 in a New York court, where a judge issued an …

Transwomen sue Illinois for amended birth certificates

(Chicago, Illinois) Citing the need to have an accurate birth certificate for identification purposes, two women born in Illinois asked a court to order the State to issue new birth certificates that reflect their correct gender following sex reassignment surgery.

For more than four decades, Illinois has permitted individuals who have …

Recent Posts
Recent Comments
- josh on Vancouver Gay Basher Appears in Court
- Sara Callow on Google takes stand against California’s proposition 8
- Kathryn Gilleran on PFLAG: Submit your questions for Q&A with Kathy Gilleran
- telstar on David Archuleta Has a Crush…on Someone
- ARCHIE_ROCKS on David Archuleta Has a Crush…on Someone

Law Extends Parental Rights for Gays

Australian Gay parents welcomed. Just not for adoption

Bill Making Identification Change More Accessible for Transgender Persons Passes Key Assembly Committee, Moves One Step Closer to Becoming State Law

California Court of Appeal Affirms Right of Transgender Individuals Living Out-of-State to Change California Birth Certificates

Transgender woman wins birth certificate ruling

Court stays two men on birth certificate

Court stays two men on birth certificate

Federal court delays birth certificate for gay dads

Judge orders La. to issue birth certificate showing 2 dads

Transwomen sue Illinois for amended birth certificates

Similar Articles

Categories

Archives

Recent Posts

Recent Comments

Recently Written

Monthly Archives

Blogroll

Find It

Admin

Credits