DC Law Helps Lesbian Couples Become Moms
A new D.C. law is making it a lot easier for a newborn to have two mommies from birth. According to the law, which went into effect on July 18, the District of Columbia will confer “the status of legal parent on both lesbian mothers who plan a child using donor insemination,” Nancy Polikoff reports.
In the past, the birth mother’s partner would have to go through an adoption process to become a legal parent of the child; now, the second mommy just needs to fill out some paperwork to demonstrate her “written consent” of parenthood. Polikoff notes that the new law is “marital status-neutral and gender-neutral,” so it will change parenthood policy in a couple of other situations as well:
See DC Law Helps Lesbian Couples Become Moms Washington City Paper
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Fresno Hospital Bars Lesbian From Visiting Partner And Giving Advice About Her Treatment, ACLU and NCLR Urge Hospital To Adopt Policies Respecting Same-Sex Relationships
“We just couldn’t believe this was happening to us. This was the nightmare that we hoped we’d never have to live through,” said Teresa Rowe, who grew up in Clovis, California, but now lives in the Bay Area with her partner of four years, Kristin Orbin. “Unfortunately, because Kristin suffers from epilepsy, trips to the hospital are pretty common for us, which is why we filled out the legal paper work to make sure I would be able to be with her and make emergency decisions about her care. But the hospital wouldn’t let me see Kristen and ignored my advice about her treatment. They ended up giving her the exact medication I repeatedly asked them not to give her.”
On May 29, 2009, Rowe and Orbin attended the “Meet in the Middle” rally in support of marriage for same-sex couples in Fresno. After the couple completed a 14-mile march in 90 degree heat, Orbin, who suffers from epilepsy, collapsed in a seizure. The couple experienced hostility from the ambulance driver, but Rowe was ultimately allowed to accompany Orbin to Community Regional Medical Center in Fresno. However, when the couple got the hospital, the driver would not allow Rowe to accompany Orbin into the emergency room even though Orbin had been in and out of consciousness, and Rowe was familiar with her medical history and care.
Rowe repeatedly asked hospital employees to allow her to see Orbin and talk to a physician about her care but was refused. She volunteered to have Orbin’s legal paperwork naming Rowe as her health care agent faxed to the hospital but was told that it wouldn’t do any good. When she asked that she at least be allowed to pass along the message that Orbin not be given the drug Ativan, she was told the message would be conveyed. If the message was given to those treating Orbin, it was ignored because Orbin was given the drug, which she didn’t need and which causes her unnecessary pain. Meanwhile, when she was awake, Orbin was also asking to be allowed to see Rowe. Although they were both told that no visitors were allowed in the area where Orbin was being treated, other patients were receiving guests. After being separated for several hours, Orbin finally saw her doctor. She complained to him, and Rowe was eventually allowed to be with her.
“Until the California Supreme Court upheld Prop 8, Kristen and Teresa were planning to get married. In this climate, hospitals must be especially diligent to protect same-sex couples from discrimination,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “As these events so painfully demonstrate, no matter what hoops same-sex couples jump through to protect their relationships, these kinds of horrible things will continue to happen as long as couples are denied the recognition and respect that only comes with marriage.”
The letter sent by the ACLU and NCLR charges that it was a violation of state law for the hospital to discriminate against the couple based on their sexual orientation, as well as to refuse to recognize Rowe’s legal authority, which was authorized by Orbin’s advance health care directive. The letter also notes that hospitals must post and follow a patient’s bill of rights that bars discrimination based on sexual orientation and grants patients the ability to designate visitors of their choosing and to decide who is able to make emergency decision about their care. The letter urges Community Medical Centers immediately to affirm their commitment to inclusive and sensitive medical care for LGBT patients, and to take a number of steps to carry out that commitment.
“Discrimination in healthcare settings is still far too common for lesbian, gay, bisexual and transgender people,” said Jason Schneider, MD, President of the Gay and Lesbian Medical Association (GLMA). “No one is served when partners are barred from visitation and kept from participating in conversations about their loved one’s care. It’s bad for doctors who are kept from potentially life threatening information, it’s bad for partners who are left waiting hopelessly in the waiting rooms and it’s especially traumatic for patients who need the love and support that only their partners can provide to help them through health care emergencies.”
A copy of the letter, which gives the hospital until June 22nd to respond, is available at http://www.aclu.org/lgbt/discrim/39854res20090615.html.
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TSA refuses to hire HIV+ Air Force Vetr to scan luggage, ACLU to sues - wonder if Obama will at lteat fix this?
“I was looking for a way to be able to serve my country once again and to supplement my income through this financial crisis with the possibility of changing my career. But after a lengthy interview and screening process, I was told that I am incapable and unworthy because I have HIV,” said Michael Lamarre, who worked in intelligence for the National Security Administration while serving in the Air Force from 1984 to 1987. “I am a long term HIV survivor, and it has never interfered in my ability to work. As I have learned having lived with HIV for nearly 20 years, people with HIV need to be able to make a living and support themselves just like everyone else as well as have the right to serve their country.”
Lamarre has lived with HIV for 19 years. His viral load is nearly undetectable and he has never had any of the medical conditions associated with AIDS. Just last November he completed a 165 mile bike ride for charity in just 2 days.
Today the ACLU filed a complaint on Lamarre’s behalf with the Equal Employment Opportunity Counselor for the Eastern Region of the TSA charging that the TSA is in violation of its own policy barring discrimination against people with disabilities. A copy of TSA’s non-discrimination policy is available on their website at: http://www.tsa.gov/assets/pdf/civil_rights_policy.pdf. The complaint also charges that the refusal to hire Lamarre violated his equal protection guarantees. It asks the TSA to rescind Lamarre’s disqualification from employment.
“As we have known for quite a while now, people living with HIV can lead long and productive lives and can make significant contributions in all professions, including baggage screeners,” said Dr. Margaret Fischl, MD, director and principal investigator of the AIDS clinical research unit at the University of Miami. “A baggage screener with HIV would pose no risk to others and would be no more likely to become infected with a cold or virus than anyone else working in the airport.”
A copy of the complaint filed by the ACLU as well as the letter notifying Lamarre that he was being disqualified because he has HIV and the paperwork submitted by his doctor stating he is physically capable of performing the duties is available at http://www.aclu.org/hiv/discrim/39827res20090611.html.
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LOS ANGELES: All Saints, Pasadena, clergy opt out of civil marriages until gay couples can legally wed
Clergy at All Saints Episcopal Church in Pasadena, California, are opting out of performing civil marriages until gay couples can legally wed–and are encouraging other clergy to do likewise, according to the Rev. Ed Bacon, rector.
“At the heart of Jesus’s moral vision and All Saints’ historic mission is respecting the dignity of every human being,” Bacon said in a June 3 press release announcing the decision, which is effective immediately.
“The California Supreme Court in its recent opinion has ruled that those of same-gender affections are second-class citizens,” Bacon added. “Denying fundamental rights to a certain classification of humanity is blatant discrimination with which our governing board, the other clergy of All Saints, and I will not participate. We invite other clergy and congregations to join us in this stand for marriage equality.”
Bacon referred to the May 26 state Supreme Court ruling that upheld the controversial Proposition 8, a constitutional amendment providing that “only marriage between a man and a woman is valid in California.” Their decision sparked nationwide rallies by both advocates and opponents of the measure.
The Rev. Susan Russell, an associate at the Pasadena congregation known for its social activism and progressive politics, said on June 4 that clergy are meeting with couples whose nuptials were already planned “to explain the new policy and hold pastoral conversations about the impact on them.
“We only do member weddings, so folks married here at All Saints typically share our values of inclusion and would be on board, we think, with making arrangements to have the civil part of their marriage take place external to All Saints clergy,” said Russell, who is president of Integrity USA, an advocacy group for gay, lesbian, bisexual and transgender Episcopalians.
But she added that: “We will continue to serve and marry them civilly if that’s what the couple prefers for whatever reason because that was the contract going in.”
All Saints vestry, at its June 2 meeting, had unanimously passed a resolution declaring that “the sacramental right of marriage is available to all couples, but that the clergy of All Saints Church will not sign civil marriage certificates so long as the right to marry is denied to same-sex couples.”
The vestry’s decision acknowledged “our active participation in the discriminatory system of civil marriage is inconsistent with Jesus’s call to strive for justice and peace among all people and respect the dignity of every human being.” The resolution states “civil marriage in the State of California is, as a result of Proposition 8 and the Court’s decision, a constitutionally-mandated instrument of discrimination, which furthers injustice and denies same-sex couples the fundamental dignities to which each human being is entitled,” Bacon said. Russell said there was little discussion in the vestry meeting. “It was just a no-brainer that of course we want to take steps that keep us from being complicit in state-sponsored discrimination.
“I keep thinking I couldn’t be prouder to work at All Saints church than I already am and then our leadership keeps taking steps that make me even prouder,” Russell said. “It was it is such a part of the DNA of All Saints Church to stand with those in need of solidarity. This stand is so deeply rooted in our baptismal covenant, it gives us such a strong theological place to stand. It feels like very firm foundation, indeed.”
The Rev. Neil Thomas of the Metropolitan Community Church (MCC) in Los Angeles, a petitioner in the Proposition 8 case, said the 40-year-old 500-member congregation likewise is observing a moratorium on signing civil weddings.
“We will not sign the paperwork” for civil marriages, said Thomas, whose ministry is primarily, but not exclusively, to the LGBT community. He is also the president of California Faith for Equality, a progressive interfaith movement of about 6,000 clergy, which submitted an amicus brief advocating that the California Supreme Court overturn Proposition 8.
– The Rev. Pat McCaughan is Episcopal Life Media correspondent for Provinces VII and VIII and the House of Bishops. She is based in Los Angeles.
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DC Pledges Quick Review On Marriage Referendum
After filing paperwork Wednesday to hold a citywide referendum on the question, a coalition of religious leaders and other same-sex marriage opponents is facing a July deadline to collect about 21,000 signatures to force a special election this year. Before they can collect the signatures, however, the city election board has to rule on whether District voters have the right to weigh in on the issue.
Kenneth McGhie, general counsel to the D.C. Board of Elections and Ethics, said the board has scheduled a special hearing June 10 to take up the matter.
McGhie said that if board members decide that a referendum is appropriate, supporters of a ballot proposal “are going to get their petitions right away and have two or three weeks to work with to try to get signatures.”
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Wa. domestic partner expansion faces challenge
(Olympia, Washington) Opponents of Washington state’s newly enacted domestic partner law that gives same-sex couples all of the state rights of marriage without the name have started their bid to overturn the measure.
The Washington Values Alliance filed paperwork Monday to begin the referendum process. They need to get more than …
Tags: Domestic Partner Law, Faces, marriage, Olympia, Olympia Washington, Opponents, Paperwork, Referendum, Same Sex Couples, Washington StateGay, married and outlawed
The questions and answers volleyed back and forth last week during the California Supreme Court’s televised proceedings on Prop 8, the state’s recently enacted ban against gay marriage.
And in a dark classroom at Chapman University, watching it all with a focused intensity, was law student Tiffany Chang.
In Chang’s view, the discussion was riveting. Did Prop. 8 simply “take away the label of marriage,” as one justice put it? Chang has heard all of the arguments, including those that say that same sex couples enjoy domestic partnership rights in California, so why insist on the designation of “marriage.”
You could say there was twice as much at stake for Chang, who tracks the legal debate for reasons both scholarly and personal.
Two years ago, in front of friends and family in Long Beach, Chang and her partner Lindsey Etheridge exchanged marriage vows in an unofficial, non-legally binding ceremony. Then, exactly a year later, on July 14, 2008, during the short window when same-sex marriages were legal here in California, Chang and Etheridge filed for “official marriage paperwork.” Then they married in a legal ceremony.
Chang says the event was life changing.
“We were in the clerk’s office and there were people there we don’t know, but they represented the government, validating our relationship,” says Chang, 28. “After it was all done, that sense of security, it was tenfold at least.
“I never could have known what that felt like, to truly be equal in our society,” she adds. “I don’t think you know what that feels like until you’ve got it.”
Chang was part of a “friend of the court” brief filed with the state’s Supreme Court in support of those who have legally challenged Prop. 8. And, in her declaration, she elaborated that on the day “I walked out with my head held higher than I thought was even possible.”
The brief was drafted by attorneys Katherine Baird Darmer and Ronald Steiner, who are also law professors at Chapman, and includes declarations from other people connected to Chapman, as well as from members of the Orange County Equality Coalition, a community group that says it educates and advocates for marriage equality in California.
For Chang, Prop. 8 isn’t just a matter of nomenclature; it’s a matter of denying a minority group the rights afforded to all others. Since the law passed in November, Chang has been speaking out in public. She says she’s come to realize that until a person is treated like a second-class citizen it’s difficult for them to understand what it’s like to be on the other side.
See
Gay, married and outlawed
OCRegister
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Portland: Largest US city with openly gay mayor
Speaking into a bullhorn, he urged the protesters to continue pushing for legal same-sex marriage in all 50 states, but he urged them not to embark that day on an unauthorized march.
“This community is watching us, the nation is watching us,” he said. “They are going to judge us for what we do today, and today we do not have a permit to march — not because the city won’t let us but because this happened so quickly we couldn’t get the paperwork in.”
The Oregonian - OregonLive.com - Portland,OR,USA
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Dozens sign Toledo’s domestic partner registry
David Harvey and Bill Hill have been a committed couple for more than two decades.
In all that time, they have had nothing governmental linking them together - nothing in the line of paperwork.
To their delight, that changed in June when they became the 65th couple to sign the city of Toledo’s domestic partnership registry.
“We first heard about it we called immediately to get the application,” Mr. Harvey, 54, said. “We would have been an even lower number on the list but there were a lot of things going on with work and life, but we are still very, very pleased with it.” See Dozens sign Toledo’s domestic partner registry
Toledo Blade, OH
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