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STUDY: Families Headed By Same-Sex Couples Face Legal Obstacles To Parenting

Our guest blogger is Kimberly Barton, intern for LGBT Progress.

A coalition of organizations released a report today outlining the disparities LGBT parents and their children face due to states’ refusal to recognize their legal ties. Outdated, biased, and discriminatory laws, policies, and practices are preventing same-sex parents from securing the same legal recognition to their children that would otherwise be afforded to them if they were different-sex parents. This report — Securing Legal Ties for Children Living in LGBT Families — outlines the many ways states can remove barriers to legal parental recognition for same-sex couples, extended families, and unmarried couples who are raising a child or seek to foster or adopt a child.

Current laws and policies need to be evaluated in order to make the legislative changes that would provide stability and security to over two million children that are being raised in LGBT families today. The report points out several areas where legislative action is needed to promote security and stability for children of LGBT families. Donor insemination laws as well as foster care laws are of particular interest:

Donor Insemination Laws

When lesbian couples in committed relationships choose to become parents, often times they conceive through donor insemination. Although only one mother gives birth to the child, both mothers act as parents and should be recognized as such by the law. Unfortunately, in 35 states, this is not the case — the non-biological mother of a child conceived through donor insemination is viewed as a legal stranger and has no legal rights of parenthood.

States can respond to this issue with solutions that rightly recognize the legal status of same-sex parents and their children. For couples in legally recognized same-sex partnerships, parental presumption laws can allow non-biological mothers to become the presumed parent to the child their partner conceives through donor insemination. For couples not in a legally recognized partnership, consent-to-inseminate provisions can act as a legal recognition of parenthood. They require the non-biological parent to sign that they legally consent to the insemination of their partner and wish to be seen as a parent to their child in the eyes of law.

However, even if states do allow for these two means of obtaining legal parenthood for the non-biological mother of a child conceived through donor insemination, these protections do not always carry from state-to-state. Repealing the anti-gay Defense of Marriage Act would offer more security and stability to children of LGBT families by enabling married LGBT couples to have full legal ties to their children no matter the state they live in.

Foster Care

LGBT parents currently foster an estimated 14,000 foster children — 3 percent of all foster children — even though only six states have laws on the books that specifically support LGBT foster parents. Forty-two states and the District of Columbia are silent on laws and policies regarding LGBT foster parents. When states are silent, discrimination and stigma sometimes prevent LGBT parents from becoming foster parents to the over 408,000 children in foster care (as of 2010). For example, in some states where there is no official law or policy against LGBT parents fostering children, child welfare agencies are allowed to reject LGBT foster parents based on their sexual orientation and gender identity. Unless discrimination against LGBT parents is specially prohibited in foster care laws, this kind of discrimination can keep foster children from finding loving, supportive homes.

Children’s best interest is at stake when the law does not recognize their legal parents or allow them to become part of a family. The action steps outlined in the report are key to ensuring our laws and policies support the best interests of children across America.

Alyssa

Rob Gronkowski and the Social Capital of Tolerance

My colleague Zack Ford flagged an interview with New England Patriots tight end Rob Gronkowski, in which he says he’d be fine with a gay teammate, and correctly noted that comments like this are critically important in setting a tone and creating an environment in which someday, an active professional athlete will come out. But for me, the most interesting part of the interview was the context reporter Cyd Zeigler Jr. provided for it.

Gronkowski initially refused on comment because “Gronk said he had no problem with me, he was just afraid of saying something wrong. I understood where he was coming from. While he’s been the darling of the media at times since first appearing in the NFL in 2010, he’s also been the target of some nasty attacks by the media and fans. It seems every time he opens his mouth or appears in the media, he gets roasted for it.” But he changed his mind, came back and answered Zeigler’s question about how he’d handle a gay teammate, and did just fine. We’ve reached a tipping point where neutrality on gay rights is becoming a riskier proposition than affirmation, the kind of thing it’s worth composing yourself to comment on even if you’ve got a history of press trouble. It’s important to be on the record on this, and to preserve your position on the right side of history.

NEWS FLASH

Liberty Counsel: Scouts Need To Be Protected From ‘Homosexual Pressures And Predators’ | Today, the anti-gay Liberty Counsel used the decision by Boy Scouts of America to maintain its ban on gay scouts and leaders to endorse two of the most archaic and harmful myths about LGBT people. Praising the move on Facebook this afternoon, the Counsel wrote, “Congratulations! Boy Scouts affirm natural family! They will continue to protect young boys from homosexual pressures and predators.”  The paraphilia of pedophilia has no connection to the sexual orientation of homosexuality, and as in the Catholic Church, believing otherwise has not prevented sexual abuse from taking place within the scouting ranks. It is the ignorance, invisibility, and stigma that the Liberty Counsel promotes from which young boys truly deserve protection.

Update

Mat Staver, head of Liberty Counsel and Dean of the Liberty University School of Law, also offered comment yesterday, telling the American Family Association that “the agenda of the sexual anarchist movement” — the “threat of homosexuality and same-sex unions” — is the “biggest threat to our family, to our morality, and to our freedom that we face here in America.”

AIDS Researcher: Bryan Fischer’s AIDS Denialism Will Contribute To New Infections

The anti-gay American Family Association’s talking head Bryan Fischer has made his share of offensive comments, but recently he has repeatedly engaged in what may be his most deadly lie: that HIV doesn’t cause AIDS. In January, Fischer featured AIDS denialist Peter Duesberg on his show and endorsed his bogus ideas that recreational drug use among gay men is what causes AIDS, not the HIV virus. A few weeks later, Fischer claimed that God would cure AIDS if gay men simply stopped using drugs and “poppers” (recreational stimulant inhalants) and stopped having sex. Fischer then clarified that he believes that it is poppers that break down the immune system; HIV is merely a scheme for scientists to get research funding.

Today, Fischer again spread his harmful lies about HIV and AIDS. Responding to the FDA approval of Truvada, a pill that helps reduce the risk of HIV infection, he tweeted, “New pill stops HIV virus. But won’t stop AIDS since caused by extensive inhalant drug use, not HIV.”

Rowena Johnston, Vice President of Research for amFAR, The Foundation for AIDS Research, responded to ThinkProgress that denialism like Fischer’s contributes to the lost lives of hundreds of thousands of people with HIV:

JOHNSTON: The fact that HIV causes AIDS is about as controversial as saying the Earth orbits the sun. To say otherwise makes a person look ill-advised at best. The scientific research that supports HIV as the cause of AIDS has debunked every argument made by AIDS denialists. With extremely rare exceptions, the virus and/or antibodies can be found in every person with AIDS. Untreated HIV infection does consistently lead to the symptoms of AIDS. Being HIV positive does increase the chance of dying earlier than otherwise expected. Scientists can explain in detail how infection occurs and how it causes AIDS. Antiretroviral therapy – which can only exert an effect if HIV is present – does delay the onset of AIDS. Antiretroviral therapy does prolong the lives of those with HIV.

We’d all be happy to dismiss unfounded statements made by non-experts if it were not for the fact that AIDS denialism has cost the lives of hundreds of thousands of people with HIV. The South African government for years subscribed to the dangerous fiction that HIV does not cause AIDS and that it could be treated by vegetables – their intransigence resulted in at least 170,000 HIV infections and 340,000 deaths in that country alone. We have enough work ahead of us to fight HIV. We shouldn’t let AIDS denialists distract us from the important work of bringing about an AIDS-free generation.

Johnston encourages readers to visit AIDSTruth.org for further understanding “why the things AIDS denialists say are flat-out wrong.”

Fischer generally represents the fringe extreme of religious conservatives, but his impact cannot be underestimated. His voice was prominent enough to bring a swift end to Richard Grenell’s appointment as Mitt Romney’s foreign policy spokesperson merely because Grenell is gay. Given the extreme harm inherent in the mythology Fischer promotes, public figures of all political stripes should be quick to distance themselves from him.

NEWS FLASH

Chick-fil-A President Prays For God’s Mercy For ‘Prideful, Arrogant’ Marriage Equality Advocates | Yesterday, Chick-fil-A President and COO Dan Cathy admitted that the company was “guilty as charged” for the millions of dollars it funnels into anti-gay hate groups and ex-gay ministries every year. In an interview today on the Ken Coleman Show, Cathy went beyond defending the anti-gay giving to lashing out at marriage equality activists, praying for “God’s mercy on our generation that has such a prideful, arrogant attitude to think that we have the audacity to define what marriage is about.” Listen to it (via Jeremy Hooper):

Elton John: It’s Criminal To Cut Funding For HIV/AIDS Treatment

Last year, Elton John urged Florida Gov. Rick Scott (R) to protect a government program (ADAP) that provided medication to low-income HIV/AIDS patients. Then-Surgeon General Frank Farmer responded with the counter-intuitive reasoning that cutbacks were necessary because the demand for the drugs exceeded the resources available. Instead, he suggested that John come to Florida to perform a fundraising concert for ADAP.

Today on NPR, John explained how unhelpful that response was for the kind of work the Elton John AIDS Foundation does:

JOHN: [EJAF is] an AIDS organization, and whenever anybody’s funding is cut — and it’s usually cut, especially in this case in Florida, [for] the people that can afford it least … then we’re going to write a letter about it. And we wrote a letter to [Florida Gov. Rick Scott] himself. … It’s not my job to [fund a state's AIDS program]. It’s the government’s priority to do that. I can’t do benefit concerts for Florida, for the people with AIDS in Florida. It’s their responsibility; they need to do what’s right. And cutting funding for the people that [can] least afford it is criminal.

We can solve this AIDS problem forever if the government gives the funding. If people are encouraged to come out and say they’re HIV-positive and they’re given their treatments, then obviously the people who are marginalized — like intravenous drug users, prisoners, people who are made to feel less-than — if they’re given the support of the government and they’re given the funding, then it’s going to help solve the spread of AIDS and HIV in America. We have to try and get rid of this shortsightedness when it comes to HIV and the stigma around it.

Indeed, HIV medication funding continues to be malnourished. Many states cut back last year, and Republican efforts to cut Medicaid present one of the largest threats to what funding is still available.

Justice

Judges Skeptical Of Claim That Texas Voter ID Law Does Not Disenfranchise Minorities

Our Guest Blogger is Billy Corriher, Associate Director of Research for Legal Progress.

Faced with data suggesting over a million eligible voters could be disenfranchised by a new Voter ID law, the state of Texas was grilled on Friday by the three-judge panel hearing its lawsuit against the U.S. Department of Justice (DOJ). The Voting Rights Act of 1965 requires states with a history of racial discrimination in voting to “pre-clear” election law changes with DOJ, and Texas filed suit in a D.C. federal court after DOJ refused to approve the Voter ID law. The judges were skeptical that Texas had met its burden of showing that DOJ should have cleared the Voter ID law as non-discriminatory, with one judge arguing the statute’s “burden falls disproportionately on minorities . . . .”

Studies have shown that millions of Americans may be disenfranchised by new Voter ID measures pushed by Republican state legislators. These laws will have a disproportionate impact on the poor, the elderly, and minorities. As many as 25% of black voters could be disenfranchised by Voter ID laws, and Attorney General Eric Holder has called such measures a “poll tax.” Texas presented expert testimony to counter DOJ’s statistics, but even the one Republican-appointed judge on the panel said the state’s expert “took enormous hits” during cross-examination.

Texas’s Voter ID law was pushed through the legislature under a streamlined process “against a backdrop of huge Hispanic growth.” Roughly 90 percent of the state’s population growth in the last decade can be attributed to minorities. Attorneys for Texas voters argued this growth in minority voters prompted state legislators to pass the Voter ID bill.

Supporters of Voter ID laws say the requirement to show identification when voting will help prevent voter fraud. But even an investigation by the Texas’ attorney general could not point to any recent examples of proven voter fraud. True voter fraud is extraordinarily rare, and even proponents of Voter ID laws cannot provide examples. This is a solution in search of a problem.

These laws are appear to be motivated by a desire to keep certain groups, which often vote for Democrats, from casting their votes on election day. A Republican legislator in Pennsylvania said that Pennsylvania’s new Voter ID law would allow Mitt Romney to win the state. The political motives behind Texas’ law may be evidenced by the fact that the law designates a gun permit as an acceptable ID, but not a student ID. Whatever the motive, these laws clearly impact certain demographic groups more than others.

The court is expected to rule soon on the Texas statute, and its decision could be appealed directly to the U.S. Supreme Court, which has hinted that the Voting Rights Act’s “preclearance” requirement could be unconstitutional. But unless the high court is prepared to throw out voting rights protections that have been renewed by Congress several times in the past 50 years, the state of Texas will face a high burden in proving that its Voter ID law does not rob black and Hispanic voters of their right to vote.

NEWS FLASH

VIDEO: Utah’s Pink Dot Promotes LGBT Acceptance And Solidarity | Utah’s Pink Dot campaign, with the credo “Support, Love, Courage,” seeks to bring together allies of the LGBT community to create more inclusive communities throughout the state. The campaign is now organizing its September event with a very touching video featuring friends and family members struggling to voice their support for their gay and lesbian loved ones. Watch it:

Boy Scouts Of America Doubles Down On Discrimination

Jen Tyrrell and George Takei

Former Den Leader Jen Tyrrell and former Boy Scout George Takei protest the BSA's anti-gay ban, at the 2012 New York City Pride parade

The Boy Scouts of America announced today that it will continue its long-standing policy of discrimination against LGBT scouts and scout leaders and will take no action on proposals to reconsider that policy. This comes despite growing pressure to lift the ban from Eagle Scouts, an Ohio mom who was removed from her position as a Cub Scout den leader purely because she is a lesbian, and two prominent national board members.

A spokesman said a secret 11-person committee, appointed in 2010 to study the issue, “came to the conclusion that this policy is absolutely the best policy for the Boy Scouts.” The group dismissed the announcements by Ernst & Young CEO James Turley and AT&T CEO Randall Stephenson, both members of the BSA national board, that the group ought to lift its ban. In a statement, the group’s leadership announced:

Scouting believes that good people can personally disagree on this topic and still work together to achieve the life-changing benefits to youth through Scouting. While not all board members may personally agree with this policy, and may choose a different direction for their own organizations, BSA leadership agrees this is the best policy for the organization.

Last month, the BSA said that a resolution introduced in April proposing that local chartering units be able to determine whether to welcome LGBT participants and leaders would be “handled with respect.” With no apparent board consideration, the group says it will take no further action on the proposal.

Human Rights Campaign President Chad Griffin called BSA’s move “a missed opportunity of colossal proportions.” With 86 percent of Fortune 500 companies explicitly protecting gay and lesbian employees from discrimination, LGBT servicemembers now free to serve openly in the U.S. military, and every other major national youth organization opting not to discriminate, BSA has opted to stand alone in clinging to a policy that drives its membership down and flies in the face of its own core tenets.

Update

Boy Scouts of America spokesman Deron Smith told ThinkProgress that the organization would not make the committee’s report public, noting that “The special committee consisted of members with a variety of beliefs on this topic but the conclusion was unanimous.” When asked how a unanimous conclusion could indicate a “variety of beliefs,” Smith offered only an equally cryptical response that the committee members “had different opinions about the policy, but the two year evaluation resulted in an unanimous consensus that this was in the best interest of Scouting.” Smith would not identify the names of the 11 committee members.

Politics

National Review Writer Stands By Racial Slur

Jay Nordlinger

One might expect National Review Online (NRO), the conservative commentary outlet, to be particularly sensitive to any racist language given two recent dust ups — one writer was recently fired for penning a screed against black people, and another was let go after NRO discovered he was part of a white nationalist group.

But now, Jay Nordlinger, a senior editor at National Review, is standing by a racial slur he used in a column yesterday, claiming that it was meant to imitate the tone of someone else and was not his actual preferred language:

He was raising taxes, spending like crazy, welcoming wetbacks, pursuing arms control. One common cry from the right was, “None of this would be happening if Ronald Reagan were alive.”

After other news outlets questioned NRO’s decision to use the language yesterday, Nordlinger made an attempt to defend himself — by putting the onus on the offended reader:

Look: I am not a politician. I’m a writer. And if you don’t like what I write — for heaven’s sake, there are 8 billion others you can click on. I would further say to the complainers, using a phrase I’ve never liked, frankly: Get a life. Get a frickin’ life.

One more word: If people wet their pants on seeing the word “wetback,” this country is as far gone as the most pessimistic and alarmist people say it is.

Nordlinger is certainly aware that other words might have been equally appropriate in conveying a certain mentality without their racist connotation. But given his publication, he likely felt no pressure to use less offensive terms. NRO may have, under pressure, gotten rid of two racist writers, but they still have another white nationalist, David Yerushalmi, contributing to the site.

NEWS FLASH

CDC Launches New Campaign Against HIV Stigma And Complacency | The Center for Disease Control and Prevention has launched a new “Let’s Stop HIV Together” campaign, aimed at reducing stigma against infection but also to tackle complacency about the epidemic. In the ads, people with HIV join their friends and family to talk about their diverse experiences and help raise awareness about the ongoing spread of the virus and risks of infection. Many Americans still have irrational fears about HIV and visibility for the virus has decreased dramatically over the past decade. Check out the graphic ads and watch the “Let’s Stop HIV Together” campaign video:

Effort To Force California’s LGBT Curriculum Back Into Closet Fails

Conservatives have been outraged about the passage of California’s FAIR Education Act (SB 48) last year, which mandates that schools develop curricula that are LGBT inclusive. Last year, they attempted to challenge it with a referendum, but failed. Now, they have failed again to overturn the law with a ballot initiative. LGBT-inclusive education isn’t going anywhere anytime soon.

It’s important to remember the significance of SB 48. Anti-gay forces in this country regularly allege that homosexuality is a threat to children, encouraging parents to feel like they need to protect their children from learning about even the existence of gay people, lest they be “indoctrinated” or even molested or “recruited.” Consider the situation in Erie, Illinois, where parents objected to a children’s book that on one page pointed out that some families include same-sex parents. The Alliance Defending Freedom (formerly the Alliance Defense Fund) argued that through GLSEN’s inclusive curriculum, students could be “indoctrinated into homosexual behavior.” Here is a quick recap of other negative responses to the FAIR Education Act:

RANDY THOMASSON: “Realize that the raft of school sexual indoctrination mandates imposed on all children in California government schools amounts to mental molestation.”

- Signature collectors said that overturning SB 48 would protect children from child molesters.

- The campaign to overturn the law argued that kids will learn about Chaz Bono instead of George Washington.

- NOM’S JOHN EASTMANEvil will be with us always, and it requires constant vigilance to defeatWe need to be involved in the immediate defense of threats against marriage, but also take a long-range view by educating the next generation about the importance of the issues we’re confronting.

But despite the backlash against the law, which hasn’t even been implemented in all school yet, research has shown it will make an important difference. GLSEN analyzed data from its 2009 school climate survey and found that having LGBT-inclusive curricula helped students feel safer, experience less victimization, miss less school, and define their peers as accepting. The California Safe Schools Coalition similarly found that inclusive curricula helped students perform better academically and feel more connected to their schools. Conservatives know that learning the basics about sexuality is the key to ending anti-gay stigma, which is why they stand opposed at every opportunity.

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The Morning Pride: July 17, 2012

Welcome to The Morning Pride, ThinkProgress LGBT’s daily round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but please let us know what stories you’re following as well. Follow us all day on Twitter at @TPEquality.

- President Obama will not be attending the 19th International AIDS Conference, but will prepare a video message.

- According to the geography of tolerance, there is a strong connection between how open a community is to gays and lesbians and how open it is to entrepreneurs with new ideas: “where gay households abound, geeks follow.”

- When called out for supporting anti-gay organizations, Chik-fil-A responded, “Well, guilty as charged.”

- A 19-year-old Eagle Scout was fired from his summer camp job and kicked out of the Boy Scouts after coming out as gay.

- The National Organization for Marriage is eager to defend Kirk Cameron as the “real face of the pro-marriage movement,” but only for the comments he made in his video for them.

- The University of Montevideo, one of the top universities in Uruguay, has accepted the resignation of a candidate for dean who described homosexuality as an “anomaly” that would “hamper” the hiring of a professor.

- Meet the first openly gay writer in Morocco.

- AMC’s new reality show Small Town Security features Lt. Dennis Croft, who openly identifies as trans.

- One of the world’s fiercest Starcraft 2 professional champions is also trans.

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