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Same-Sex Couples In Florida Sue State To Have The Names Of Both Parents On Children’s Birth Certificate

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Children who have same-sex parents are left vulnerable under Florida’s current laws, but will this federal court case finally provide protections for LGBT families?

When a woman who is married to another woman gives birth to a child in Florida, the state will not issue a birth certificate listing both same-sex spouses as the child’s parents. Now, couples are asking the federal court to order Florida to treat their families equally, and to do so without a trial.

“There is no justification for Florida’s refusal to treat same-sex spouses equally,” said NCLR Senior Staff Attorney Amy Whelan. “The Supreme Court has already ruled that same-sex spouses and their children have a constitutional right to have their family relationships respected in every state.”

Whelan is referring to Obergefell v. Hodges, the U.S. Supreme Court’s ruling that legalized marriage equality throughout the country and specified same-sex and different-sex spouses must be treated equally in all respects.

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

So what’s the big deal with putting the names of both same-sex parents on a child’s birth certificate anyway? Birth certificates are solely for identifying genealogical heritage, right? Wrong! Parents are often required to produce birth certificates to establish parental rights and/or to prove they have the authority to take action on their child’s behalf. If a same-sex parent is not listed on their child’s birth certificate, it can prevent them from doing things like authorizing critical medical treatment or performing basic tasks such as enrolling their child in daycare, school, or extracurricular activities. When states like Florida refuse to put both parent’s names on birth certificates, they deny LGBT couples and their children the privacy, dignity, security, support, and protections that are provided to married opposite-sex couples and their children.

“I’m just as much of a parent as Kari and as anyone else with children,” said Debbie Chin, a plaintiff in the Florida birth certificate case. “It was humiliating to be denied the right to have my name added to our son’s birth certificate. All we want to do is love, protect, and provide the best opportunities for our children and to be treated equally under the law. Without being on our son’s birth certificate, in the event of an emergency or if something were ever to happen to my wife, I am not sure where that would leave us.”

Here’s the strange thing though. When a same-sex couple in Florida adopts a child, the state issues a birth certificate listing the couple as “parent one” and “parent two.” Florida only has an issue when a woman who is married to another woman gives birth to a child. So what’s the problem Florida? Why can’t all families be treated equally?

See the full complaint here.

Debbie and Kari Chin made this video with Equality Florida:

 

NCRM writer Eric Rosswood is the author of the upcoming book, Journey to Same-Sex 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. 

 

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Trump Could Face 20 Years Behind Bars for ‘Serious Felonies’ at Mar-a-Lago: Legal Analyst

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A legal analyst for ABC News pointed out that former President Donald Trump is potentially facing 20 years in prison for “serious felonies” after the search of his Mar-a-Lago home.

Dan Abrams told ABC host Jonathan Karl that the Department of Justice could indict Trump for multiple crimes after finding classified documents during the search.

“They’re very serious,” Abrams said of the charges. “And the one that’s being talked about most is this espionage act because it has the word espionage in it. But the truth is that when it comes to potential criminal sentences, the obstruction of justice statute is the one with the most potential prison time.”

“There you’re talking about up to 20 years behind bars,” he added. “So these are not sort of minor crimes we’re talking about here. We’re talking about the potential for serious felonies with regard to all three of the crimes being investigated.”

But Abrams threw cold water on the idea that a Trump prosecution would be easy.

“The fundamental question is going to be intentionality,” he opined. “How much do they believe that they did this on purpose? Were they intentionally ignoring subpoenas? Were they literally destroying documents?”

Watch the video below from ABC.

 

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RIGHT WING EXTREMISM

New Analysis Breaks Down GOP’s Flawed Response to the Mar-a-Lago Search

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Republican lawmakers are reportedly at an impasse on whether or not they should be defending former President Donald Trump amid his latest flurry of legal woes. The party is also facing challenges with navigating some lawmakers’ critical assessments of law enforcement over the Trump investigation.

A new analysis is breaking down Republicans’ seemingly flawed response and how it underscores the cracks in the political party’s foundation.

According to Axios, the analysis comes shortly after documents released on Friday, August 12, offered details about the search which reportedly involved “highly classified materials believed stored in violation of the law at the ex-president’s private residence.”

Prior to the release of those documents, Republicans serving on the House Intelligence Committee participated in a press conference where they continued to criticize the investigation, describing it as being politically motivated.

Rep. Elise Stefanik (R-N.Y.) scrutinized the investigation deeming it a “complete abuse” of authority as she suggested it was being conducted because the former president is considered to be “Joe Biden’s most likeliest political opponent in 2024.”

However, some Republicans on the committee have offered a more leveled approach to the situation. Per The New York Times, “Trump allies have told top Republicans to tone down their criticism of the Justice Department ‘because it is possible that more damaging information related to the search will become public.'”

“It’s incumbent upon everybody to act in a way that’s becoming of the office they hold,” said Rep. Brian Fitzpatrick (R-Pa.), a former FBI agent, “And that’s not casting judgment on anything until you know all the facts.”

Others have attempted to defend the former president. Rep. Mike Turner (R-Ohio) said, “You can say nuclear weapons, but there are things that are highly, highly classified, there are things that are not extremely classified.”

Rep. Marjorie Taylor Greene (R-Ga.) is now selling merchandise on her website in support of a call to “defund the FBI” while Rep. Paul Gosar (R-Ariz.) tweeted, “I will support a complete dismantling and elimination of the democrat brown shirts known as the FBI.”

 

Image: Elise Stefanik with Donald Trump at Mar-a-Lago via Facebook

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Trump Makes False Claims About Classified Documents – And Obama

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Donald Trump is responding to news reports he is under FBI investigation for actions covered by the Espionage Act by making apparently false claims about his mishandling of classified documents and about former President Barack Obama.

“Number one, it was all declassified,” Trump says in a post on his Truth Social site, a claim legal experts say is incorrect. For any president to declassify documents, experts say, there is a process that involves actions being taken on each individual document. They also say the president does not have legal authority to declassify documents related to nuclear weapons.

“Number two,” Trump continues, “they didn’t need to ‘seize’ anything. They could have had it anytime they wanted without playing politics and breaking into Mar-a-Lago. It was in secured storage, with an additional lock put on as per their request.”

READ MORE: FBI Agents Searched Mar-a-Lago for ‘Classified Documents Relating to Nuclear Weapons’: Report

Again, according to reports, that too is false. DOJ issued a subpoena after the National Archives tried to get all the documents back and Trump still did not comply.

“They could have had it anytime they wanted—and that includes LONG ago,” he continues in a separate post on Truth Social. “ALL THEY HAD TO DO WAS ASK.”

Again, multiple reports say they did, numerous times.

READ MORE: DOJ Served Trump With Grand Jury Subpoena for Classified Documents Months Before FBI Raid: Report

None of his responses explain why he had at Mar-a-Lago what we now know were at least 35 cartons – 20 retrieved on Monday and 15 earlier this year – of items including confidential, classified, and top secret documents that were required by law to have been handed over to the National Archives.

“The bigger problem is,” Trump says, “what are they going to do with the 33 million pages of documents, many of which are classified, that President Obama took to Chicago?”

That is also false.

The National Archives on Friday issued a statement after Trump repeatedly spread the false claim that former President Barack Obama had 33 million documents in his possession.

“President Barack Hussein Obama kept 33 million pages of documents, much of them classified. How many of them pertained to nuclear? Word is, lots!” was one of Trump’s false attacks on his Truth Social site.

“The National Archives and Records Administration (NARA) assumed exclusive legal and physical custody of Obama Presidential records when President Barack Obama left office in 2017, in accordance with the Presidential Records Act (PRA),” the Archives said in a statement posted to its website Friday.

“NARA moved approximately 30 million pages of unclassified records to a NARA facility in the Chicago area where they are maintained exclusively by NARA,” the Archives added. “Additionally, NARA maintains the classified Obama Presidential records in a NARA facility in the Washington, DC, area. As required by the PRA, former President Obama has no control over where and how NARA stores the Presidential records of his Administration.”

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