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
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Lambda Legal Applauds West Virginia Court Order Restoring Custody of Foster Child to Lesbian Mothers
“The West Virginia high court has done the right thing in ruling in the best interests of this child. We applaud them for rejecting the prejudice that would have removed her from the only home she ever knew,” said Greg Nevins, Supervising Senior Staff Attorney in Lambda Legal’s Southern Regional Office in Atlanta. “Children in West Virginia need parents to love and care for them and that’s what the state should want, too.”
Lambda Legal filed a friend-of-the-court brief with the court on February 19, 2009, on behalf of Foster Children Alumni Association, CASA (Court Appointed Special Advocates) of the Eastern Panhandle, COLAGE (Children of Lesbian and Gays Everywhere), and Fairness West Virginia to urge the reversal of a trial court order removing the then year-old girl from the home of Kathryn Kutil and Cheryl Hess. The removal was ordered after the couple indicated that they wished to adopt the child. The trial judge accepted the view of the guardian ad litem that the Department of Health and Human Resources (DHHR) should only pursue an adoption placement for the child in a “traditional family,” consisting of both a mother and a father. The GAL also sought a statewide injunction barring foster children from being placed in gay homes. Friday’s ruling reverses this lower court finding, allows the child to remain with her foster parents, and permits the possibility that this home where the child has thrived eventually will be the adoption placement for the child.
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Training on lesbian, gay, bisexual, transgender youths
Riverside’s Jacksonville Area Sexual Minority Youth Network will host its first lesbian, gay, bisexual and transgender Youth in Foster Care Training from 8 a.m. to 4:30 p.m. Thursday for foster care workers.
Renowned trainer Robert Woronoff, who will be featured at the free event hosted at the Main Library, brings more than 20 years’ experience working with and for lesbian, gay, bisexual and transgender youth in foster care, according to a news release. He is a former program director of the Child Welfare League of America and director of LGBTQ services and peer programs at The Home for Little Wanderers in Boston.
“We had housing programs for HIV-positive youth, and a lot of young people I was working with were not HIV positive, but they didn’t have housing,” Woronoff said in the release. “So I called up the largest child welfare organization and made them realize that young people needed housing before getting positive.”
See Training on lesbian, gay, bisexual, transgender youths
Florida Times-Union
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Gay men criticize new adoption, foster care policy
HAMILTON — Grace calls Michael “Daddy,” and calls his partner Andrew “Dada.”
And as the 2-year-old pedaled around Michael’s feet on her red tricycle, Michael said he was “incensed” by a new Butler County Children Services policy that he takes to mean he’ll only be used as a last resort foster or adoptive parent because he’s gay.
The agency quietly created the policy Dec. 8 after Andrew — who asked to not use their last names over safety concerns involving the biological family — adopted Grace after caring for her as a foster father since birth.
The agency’s policy gives traditional married couples preference over single parents or same-sex couples in fostering and adopting children.
Children Services Director Michael Fox said the policy — possibly the only one of its kind in the state — is not meant to discriminate, and the agency didn’t oppose Grace’s adoption.
See Gay men criticize new adoption, foster care policy
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`Anti-Gay’ Adoption Bill Advances in KY
Don’t you just love it when “Christian lawmakers” like those in Kentucky move to ban “gay adoption” and “gay foster care” but never get around to opening their own homes up to the kids who need to be adopted? Their hypocrisy is stunning.
A bill seeking to prohibit gay and lesbian couples from adopting children has won approval from the Senate Judiciary Committee.
The measure would also bar unmarried heterosexual couples from adoption or foster care.
See `Anti-Gay‘ Adoption Bill Advances WBKO
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Bill would ban adoptions by unwed couples
The state had an infant, 2 weeks old, 10 weeks premature, HIV positive and abandoned at a hospital. The child wasn’t expected to live long but needed 24-hour care and parental nurturing.
Would they take the baby, asked the social worker who had evaluated and approved them for foster care.
“That was a Friday. We garage-saled all weekend and picked him up that Monday,” Morgan said. The couple later adopted the boy.
“Now we have this beautiful, healthy, happy, totally normal 18-year-old son. You tell me — what’s wrong with that?”
Morgan said he and his partner were the first openly gay couple to adopt in Tennessee.
If bills introduced in the Tennessee House and Senate this session succeed in the state’s new, Republican-dominated legislature, unmarried couples — gay and straight — could be barred from adopting.
People on both sides of the issue say their primary concern is the welfare of children. But that’s where the agreement ends about who should and should not be able to adopt in Tennessee.
The bills’ advocates say that Tennessee law was never intended to allow unmarried couples to adopt but that the state attorney general and Department of Children’s Services interpreted it incorrectly.
It’s clear children belong in “traditional” families, they say.
But those who oppose the bills say they would leave more children lingering in a state system that has made strides since a court ordered Tennessee to more swiftly connect eligible children with adoptive families.
“Remember that children in foster care don’t typically have a line of people going around the block waiting to adopt them,” said Adam Pertman, executive director of the Evan B. Donaldson Adoption Institute.
See Bill would ban adoptions by unwed couples
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Recognition of Out- of- State Marriages for Same-Sex Couples in Lambda Legal’s Case
“Once an out-of-state same-sex marriage is recognized in New York,…each of its parties would be ‘a party to a marriage,’ and, thus, a ‘legal spouse’ who would be entitled to the benefits, rights and obligations of that status,” the three-judge majority opinion held. The other two panel judges filed a concurring opinion.
“Today the Appellate Court confirmed that New York’s state government follows the law by respecting out-of-state marriages of same-sex couples,” said Susan Sommer, Senior Counsel at Lambda Legal. “The Court has upheld important spousal health coverage for government employees in the process.”
In May 2007, DCS issued a memo recognizing, as spouses, same-sex couples married in other states or jurisdictions for purposes of extending spousal health insurance coverage to public employees in participating government insurance plans. The Alliance Defense Fund (ADF), on behalf of four New York taxpayer plaintiffs, challenged DCS’s authority to respect valid out-of-state marriages of same-sex couples and to treat those couples fairly in administering state benefits. In March of 2008, the Supreme Court, Albany County, issued a decision that the DCS was following the law in applying New York’s marriage recognition rule to these marriages. ADF opposed the decision in an appeal filed in 2008.
Lambda Legal argued before the court in October 2008 on behalf of Defendant-Intervenors-Respondents Peri Rainbow and Tamela Sloan, long-time public employees who are raising a special needs child adopted from foster care. The couple depends on the government protections that come from respect for their marriage, and today’s decision validated the lower court ruling that marriages such as theirs are lawfully respected in New York state.
Today’s decision is consistent with other marriage recognition victories in New York courts, as well as Governor Paterson’s May 2008 directive instructing all state agencies to respect out-of-state marriages of same-sex couples. In September 2008, the New York Supreme Court (Bronx trial court) dismissed a lawsuit against Governor Paterson challenging this directive and again granted Lambda Legal’s motion to intervene in the case on behalf of Rainbow and Sloan.
In February 2008, in Martinez v. County of Monroe, the Appellate Division, Fourth Department in Rochester, also upheld application of the marriage recognition rule to valid out-of-state marriages of same-sex couples. The decision, issued in response to a challenge brought by the NYCLU on behalf of a lesbian couple, is consistent with longstanding marriage recognition in New York.
In early 2009, Lambda Legal applauded a similar decision from the New York Appellate Division, Second Department affirming dismissal of a case brought by the ADF. The court confirmed that Westchester County Executive Spano lawfully recognized out-of-state marriages of same-sex couples, ruling as well in favor of Westchester County couple Michael Sabatino and Robert Voorheis, who had married in Canada and were permitted to intervene as defendants in the case with Lambda Legal as counsel.
Susan Sommer, Senior Counsel, is handling the case for Lambda Legal. She is joined by co-counsel
Kramer Levin Naftails & Frankel LLP.
The case is Lewis v. New York State Department of Civil Service, et al.
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Canadian gay couple shares adoption success story
BurlingtonPost.com says Yo Mustafa and Paul Groulx “went from zero to three children in a matter of six months”. The couple, which has been together since 1989, now cares for three boys including a 13-year old and 11-year-old twins.
Mustafa and Grouix started their adoption journey in July 2003 by attending an Adoption Council of Ontario information evening.
The sons were neglected by their biological parents and eventually placed into the care of Children’s Aid. At the time, the older boy was six years old and the twins 3-1/2. They were in foster care two years.
See Canadian gay couple shares adoption success story
Proud Parenting
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New York Appellate Court Decision Affirming Out-Of-State Marriage Recognition
‘Yet another appellate court has ruled that government officials act lawfully when they respect out-of-state marriages of same-sex couples.’
(New York, January 5, 2009) — A decision last week from the New York Appellate Division, Second Department affirmed dismissal of a case brought by antigay Arizona group the Alliance Defense Fund and confirmed that Westchester County Executive Spano lawfully recognized out-of-state marriages of same-sex couples.
The Court said in its decision: …”The Executive Order at issue here requires that same-sex marriages be recognized to ‘the maximum extent allowed by law.’ By its terms, therefore, the Executive Order can never require recognition of such a marriage where it would be outside the law to do so. Since it is within the authority of the County Executive ‘[t]o see that the laws of the state, pertaining to the affairs and government of the county…are executed and enforced within the county’) the Executive Order is not illegal.”
“Yet another appellate court has ruled that government officials act lawfully when they respect out-of-state marriages of same-sex couples,” said Susan Sommer, Senior Counsel at Lambda Legal. “The Alliance Defense Fund has wasted the courts’ time and taxpayers’ money in their years of consistently unsuccessful cases attacking these marriages in New York and the government officials who refuse to discriminate against lesbian and gay New Yorkers.”
In February 2008, in Martinez v. County of Monroe, the Appellate Division, Fourth Department in Rochester, also upheld application of the marriage recognition rule to valid out-of-state marriages of same-sex couples. Today’s decision comes after four ADF losses at the trial court level and is the first New York Appellate Court ruling on their cases challenging marriage recognition. The ADF, on behalf of several Westchester County taxpayers, challenged County Executive Spano’s June 6, 2006 Executive Order No. 3, which directs, “each and every department, board, agency, and commission of the County of Westchester under my jurisdiction to recognize same sex marriages lawfully entered into outside the State of New York in the same manner as they currently recognize opposite sex marriages for the purposes of extending and administering all rights and benefits belonging to these couples, to the maximum extent allowed by law.” In March 2007, the lower court ruled that Spano’s order was legally issued and consistent with New York law. That ruling was appealed. In oral argument on June 23, 2008, Lambda Legal represented Westchester County couple Michael Sabatino and Robert Voorheis, who had married in Canada and were permitted to intervene as defendants in the case.
“Today the court has re-affirmed that our relationship will be honored in the community where we live and where we make our life together as a married couple,” said Sabatino. “It is a relief to know that we will continue to enjoy the rights and benefits of our marriage.”
In July, Attorney General Cuomo, on behalf of Governor Paterson, filed a motion to dismiss a similar case brought by the Alliance Defense Fund. The ADF, on behalf of a group of taxpayers, challenged Governor Paterson’s May 14, 2008 directive that state agencies respect out-of-state marriages of same-sex couples, consistent with long-standing
New York law. The court granted Lambda Legal’s motion to intervene in the case on behalf of Peri Rainbow and Tamela Sloan, long-time public employees who are raising a special needs child adopted from foster care. The couple depends on the protections that come from respect for their marriage. On September 2, 2008, the New York Supreme Court (Bronx trial court) dismissed the lawsuit, ensuring that couples will continue to be treated equally in New York State.
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New LGBT equality laws go into effect in Calif.
(Sacramento, California) Three new laws broadening protections for California’s LGBT community have gone into effect. The laws protect seniors in assisted living and young people in schools and foster care.
“We begin the New Year knowing that all LGBT people, …
Tags: Assisted Living, California Laws, Equality, Foster Care, Lgbt Community, New Laws, New Year, Sacramento California, Seniors, Young People
