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Even After SCOTUS Gay Couples Having To Fight To Be Legally Recognized As Parents Of Their Children

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Even though the Supreme Court legalized marriage equality last month, some state officials are choosing to claim the court ruling does not apply to state adoption laws.

The Supreme Court of the United States legalized marriage for same-sex couples last month nationwide, but some are still facing challenges of being legally recognized as the parents to their own children. When states refuse to allow same-sex couples the ability to list both of their names on their child’s birth certificate, it creates a long list of problems that can jeopardize the child’s safety. For example, it can create a barrier when the couple tries to add their child to the health insurance plan of the parent not listed on the birth certificate. Also, the parent not listed on the birth certificate could be denied the ability to make medical decisions for their own child. And if one parent dies, that child can be legally considered an orphan, unless the parents endure a lengthy and expensive step-parent or second-parent adoption process.

Couples across the country have stepped up to fight for legal recognition as parents to their own children. Below is a summary of some of the struggles currently taking place.

 

ARKANSAS

Three female same-sex couples that conceived through anonymous sperm donors are suing the Arkansas Department of Health for refusing to allow both spouses to be named on their children’s birth certificates. The lawsuit says that by refusing to add the names of both parents on the birth certificates, the state is jeopardizing a number of benefits, including insurance and inheritance, for the children.

The couples are asking for state laws regarding rights of parents in relation to their children to be updated so that the laws are gender-neutral. They are also asking the Pulaski County Circuit Court to prevent the state from denying two people of the same gender to be listed as parents on birth certificates.

ARIZONA

After the 9th Circuit ruling legalized marriage equality in Arizona, Lenora and Leticia Reyes-Petroff (who were married in California in 2013) tried to take advantage of a program that offered free legal services for adoptions, but were denied service because the program did not apply to same-sex couples. Maricopa County Attorney Bill Montgomery refused to help with non-contested adoptions because he claimed court rulings making same-sex marriage legal didn’t apply to state adoption laws.

Earlier this year, the American Civil Liberties Union of Arizona sent a letter to the Maricopa County Attorney’s Office threatening to sue if the county did not drop their policy of denying legal assistance to same-sex couples seeking to adopt. Last week, in a pass the buck workaround, Montgomery has decided to farm out the services to private lawyers.

FLORIDA

Gov. Rick Scott signed a bill last month that repealed Florida’s gay adoption ban. The new law went into effect on July 1.

Even though Scott signed the bill, he made a statement that he wanted the Florida Legislature to pass a bill allowing taxpayer funded adoption agencies to refuse qualified prospective parents based on sexual orientation if the agencies cited a sincerely held religious belief.

“To be clear, some of our faith-based child placement agencies do not place children in homes with same sex parents, and this is a matter of their sincerely held religious beliefs, consistent with religious freedom rights granted in the First Amendment to the U.S. Constitution and in Article I of the Florida Constitution,” Scott said in a memo attached to his signature. “It is my hope and expectation that the Legislature will take future action to make clear that we will support private, faith-based operations in the child welfare system and ensure that their religious convictions continue to be protected.”

UTAH

Angie and Kami Roe were married in Utah on December 20, 2013, the first day it became legal for same-sex couples to marry in the state. The couple decided to have a child together, and through intrauterine insemination, Kami gave birth to a baby in February 2015. They sued the state of Utah because the State Office of Vital Records and Statistics refuses to recognize Angie as a parent on their daughter’s birth certificate. Under Utah’s assisted reproduction statute, the husband of a woman who conceives with donated sperm is automatically recognized as the child’s parent, but state attorneys are arguing that the automatic parentage does not extend to same-sex unions.

The Adoption/Court Order Specialist told the Roes that Angie would need to adopt her own child through a step-parent adoption, an adoption process that costs hundreds of dollars and would require Angie to submit to a thorough background check by the Utah Bureau of Criminal Identification and the Utah Division of Child and Family Services. On top of that, Angie and Kami would have to wait until a judge schedules a hearing on their adoption petition to get approval for Angie to be recognized as a parent to her own child. This would leave their baby in a vulnerable situation if something were to happen to Kami and Angie was not legally allowed to care for their child. 

Late yesterday a federal court judge ruled that the State of Utah must treat same-sex parents just as they would treat different-sex parents.

The court documents are posted on ACLU’s website if you’d like to learn more about the case. 

 

Have you faced challenges as an LGBT parent? If so, share your experience with us in the comments section below.

Image by Alisdare Hickson via Flickr and a CC license 

 

NCRM writer Eric Rosswood is the author of the upcoming book, The Journey to Parenthood, which helps same-sex couples understand the differences between the various parenting options including adoption, surrogacy, fostering, assisted reproduction, and co-parenting. The book includes firsthand stories from same-sex couples, legal advice, and checklists to help people decide which path is best for them. For more information on his book, visit www.ericrosswood.com.

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Speaker Kevin McCarthy’s “own conference was divided over the impeachment inquiry, and so are voters — who are also, unsurprisingly, divided along party lines when it comes to proceedings aimed at removing Biden from office,” NBC News adds. “An overwhelming majority of Democrats (88%) oppose the hearings, while 73% of Republicans support them. Six in 10 independents oppose the hearings, and 29% say Congress should move forward with them.”

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September 27, 2023

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The second Republican presidential debate was mired in in-fighting and personal attacks by the candidates,  a vow to wage physical war against Mexico, hate against LGBTQ people, an insistence the U.S. Constitution doesn’t actually mean what the words on the page say, and a fight over curtains.

Here are nine of the worst moments from Wednesday night’s debate.

The debate itself got off to a rough start right from the beginning.

Multiple times candidate cross-talk made it impossible for anyone to make a point, like this moment when nearly half the candidates talked over each other during a nearly two minute segment as the moderators struggled to take control.

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Vivek Ramasway got into a heated argument with Nikki Haley, leading the former Trump UN Ambassador to tell him, “Honestly, every time I hear you, I feel a little bit dumber for what you say.”


Ramaswamy launched an attack on transgender children.

Moments after Ramaswamy attacked transgender children, so did Mike Pence, calling supporting transgender children’s rights “crazy.”

He promised “a federal ban on transgender chemical or surgical surgery anywhere in the country,” and said: “We’ve got to protect our kids from this radical gender ideology agenda.”

Former New Jersey Governor Cris Christie described the First Lady of the United States, Dr. Jill Biden, who has dedicated her life to teaching, as the person President Biden is “sleeping with.”

South Carolina Senator Tim Scott and former South Carolina Governor Nikki Haley, as CNN’s Manu Raju noted were “one-time allies,” after “Haley appointed Scott to his Senate seat,” until they started “going at it at [the] debate.”

“Talk about someone who has never seen a federal dollar she doesn’t like,” Scott charged. “Bring it, Tim,” Haley replied before they got into a fight about curtains.

Senator Scott declared, “Black families survived slavery, we survived poll taxes and literacy tests, we survived discrimination being woven into the laws of our country. What was hard to survive was [President] Johnson’s Great Society, where they decided to take the Black father out of the household to get a check in the mail.”

Florida Governor Ron DeSantis, currently leading over everyone on stage, said practically nothing for the first 15 minutes. He may have said the least of all the candidates on stage Wednesday night. But he denounced Donald Trump for being “missing in action.”

Watch all the videos above or at this link.

 

 

 

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September 27, 2023

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Donald Trump, again refusing to participate in a GOP debate, teased out the fate of every candidate on stage Wednesday night: he will choose none of them as his vice presidential running mate.

The ex-president who is facing 91 felony charges in four criminal cases across three jurisdictions and is now also facing the dissolution of his business empire, brought up the running mate question around the same time the debate on Fox News was kicking off.

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“You know, we’re competing with the job candidates,” Trump said, mocking his fellow Republican presidential candidates after he scheduled an event opposite the debate he refused to attend.

“They’re all running for a job,” he continued, as the audience began to boo.

“They want to be in the, they’ll do anything,” he continued. “Secretary of something.”

“They even say VP, I don’t know,” Trump said. “Does anybody see any VP in the group? I don’t think so.”

Watch below or at this link.

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