Tag Archive | "gay adoption"

Gay Adoption Spike Expected in New York

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NEW YORK, NY – Beginning July 24, same-sex couples in New York can legally wed, and thousands of couples are expected to take advantage of the new legislation. Some, who want to raise children, may find greater support for their adoption cases by tying the knot.

New York already allows unmarried gay couples to adopt, but advocacy groups say because the new law may mean easier adoptions, there’s likely to be a spike in same-sex wanting to adopt.

“I think they will feel more entitled to be a family under the new law,” Susan Watson, director of U.S. adoptions at the Spence-Chapin adoption agency in Manhattan told the Associated Press.

Carrie Gordon Earll, Spokesperson for family advocacy group CitizenLink, told The Christian Post Tuesday that there are a few concerns when it comes to same-sex adoptions.

“Children deserve the best chance at a mother and father in the home. Nature is trying to tell us something when it attempts to give every child a mom and a dad. Same-sex adoption intentionally denies them one of these important influences in child development,” Earll said.

The Marriage Equality Act offers some protection for religious and benevolent organizations that may want to refuse their services in relation to the law, such as hosting or officiating a gay wedding. In theory, church-affiliated adoption services are also afforded protection by this particular clause.

“The religious freedom of faith-based adoption agencies in New York is threatened by the advance of same-sex marriage,” Earll said.

Calling the law “unclear,” Earll added, “The threat to adoption agencies is one of many religious freedom concerns that come into play when marriage is redefined as something other than a man and a woman.

It’s dangerous territory if we want to protect religious freedom in this country.”

New York-based faith-based groups may not have a cause for concern yet, but on the federal level, things could change.

Members of the U.S. Congress have been pushing since 2009 a bill, the Every Child Deserves a Family Act, that would end federal funding for faith-based adoption agencies that refuse to serve potential clients on the basis of their gender identity, marital status, or sexual orientation.

The bill, H.R. 1681, was reintroduced in May and is sponsored by Rep. Fortney Start, D-Calif. Among the bill’s thirty-four supporters are Rep. Barney Frank, D-Mass. and Rep. Jesse Jackson Jr., D-Ill. The bill cites, based on findings from Gary Gates of the Williams Institute, that “there are approximately 1,000,000 lesbian, gay, bisexual, and transgender couples throughout the United States who are raising approximately 2,000,000 children.”

Utah and Mississippi are the only two states that strictly ban same-sex couples from adopting. Florida legislators overturned a prohibition against same-sex adoptions in 2010.

Arkansas Supreme Court Drops Gay Adoption Ban

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LITTLE ROCK, AR – The Arkansas Supreme Court rejected a voter-approved measure that barred gay couples and other unmarried people living together from serving as adoptive parents.

It was the opinion of the court that the law encroached on adults’ right to privacy in the bedroom.

“Act 1 directly and substantially burdens the privacy rights of ‘opposite-sex and same-sex individuals’ who engage in private, consensual sexual conduct in the bedroom by foreclosing their eligibility to foster or adopt children,” wrote the court.

Voters approved the measure in 2008 after the state Supreme Court overturned a Human Services Department policy preventing gay men and lesbians from serving as foster parents in 2006.

The American Civil Liberties Union sued on behalf of a group of families, arguing the law arbitrarily bans qualified families from consideration when the state has too few foster and adoptive families. It said it knew of 29 people from a dozen families who claimed the law would have an impact on them.

Elton John & husband adopt a baby

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LOS ANGELES, Calif. – Since Ricky Martin made it fashionable to be gay and having kids, another iconic singer has decided to be a father. Sir Elton John and his husband, David Furnish, are now the parents of 7-pound, 15-ounce Zachary Jackson Levon Furnish-John, born on Christmas Day. The couple had the child via a surrogate in California.

In 2009, John tried to adopt a 14-month old, HIV-positive boy from the Ukraine but the request was denied, with the former USSR country citing that John was too old and unmarried to adopt per its rules. John is 62 years old and Furnish is 48. The couple has been together since 2005.

This is the first child for both of them.

“For many years we have talked about fulfilling one of our greatest wishes by becoming parents,” said John. “And now this wish has been granted to us, we feel so blessed and lucky.”

John is British and one of the most wellknown and well respected singers of all time with hits such as “I Guess That’s Why They Call It the Blues,” “Candle In the Wind,” and “Don’t Let the Sun Go Down On Me.”

Furnish is a Canadian filmmaker and producer most known for his documentary, “Elton John: Tantrums & Tiaras.” Furnish had been the one who wanted to have children, but John had reservations at first.

“David always wanted to adopt a child and I always said ‘no’ because I am 62 and I think because of the traveling I do and the life I have, maybe it wouldn’t be fair for the child,” John said.

The couple were god parents for six different children including: John Lennon’s son, Sean; Elizabeth Hurley’s son, Damien; and David and Victoria Beckham’s sons Brooklyn and Romeo.

THE YEAR THAT WAS 2010

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Photo: Tim Tebow Courtesy, palmbeachpost.com

2010 may become known as the year of the comeback. Just when you thought all hope was lost, President Barack Obama finally pushes through one of his campaign promises, and “Don’t Ask, Don’t Tell” is repealed in the final weeks of the year.

After seeing Florida take a step back in 2009 with a constitutional amendment making marriage between one man and one woman, the absurd law that said gays and lesbians could not adopt children in the state, went by the wayside, thanks to several rulings from Florida’s courts. Of course not all was good. We lost friend of the gays, our “Golden Girl” Rue McClanahan and gay shock jock Neil Rogers. We saw Ricky Martin come out, Tom Ford direct his first movie and Steven Slater quit his Jet Blue job in only the most fabulous way possible. Let’s reflect back on the year that was and hope the momentum on the gay agenda continues to swing upwards.

Now, enjoy some of the top stories and headlines from 2010, and here’s to an even better 2011.

January

*AIDS  Healthcare Foundation (AHF) filed a “sanitary nuisance” complaint with the State of Florida, against three pornography productions and distribution companies in Miami who filmed pornographic scenes without the use of condoms. AHF claims that workers in other industries who have an increased risk of catching infectious disease are protected with gloves and mask, and porn stars, they say, should have similar protection.

*An openly gay former Broward Sheriffs Officer, accused of sexually assaulting illegal immigrants, was freed on $250,000 bond while awaiting trial. Jonathon Bleiweiss, who patrolled the Oakland Park area, was released and will go live with his father in Oregon. Bleiweiss, a seven-year veteran of the BSO and one-time “Deputy of the Year,” faces 73 charges ranging from sexual battery, stalking and false imprisonment on at least nine different victims. He was jailed in August 2009.

Other Headlines:
• The ACLU calls for the dropping of the ban against gays and lesbians adopting children in state of Florida.
• Ihosvany Marquez of Miami is accused of using fake HIV clinics to defraud Medicare of more than $55 million dollars.
• The City of South Miami approved an ordinance providing for benefits for the domestic partners of city employees.

February

*Denver Broncos quarterback Tim Tebow , formerly from the University of Florida, starred in an anti-abortion commercial to be aired during the broadcast of the Super Bowl game for anti-gay group Focus on the Family. Focus on the Family is an evangelical Christian group based in Colorado that runs a ministry called Love Wins Out that attempts to convert homosexual teenagers into heterosexuals, often against their will. The group is also adamantly opposed to same-sex marriage rights.

*A program geared toward helping people maintain private insurance coverage if they are HIV-positive, has to put people on a waitlist due to increased demand. The AIDS Insurance Continuation Program (AICP) makes direct payments of up to $750 to employers or insurance companies for people diagnosed with AIDS or are HIV-positive with symptoms and who, because of the illness, are unable to maintain their private health insurance. The program had been helping 2,600 people with another 168 people waiting for help.

Other Headlines:
• Miami Beach gay bar The Palace fights to save their drag queen shows after a noise complaint was filed with the city by The Tides hotel.

• The Pride Center at Equality Park holds a ribbon cutting ceremony opening their new center on a twoacre, five-building property

March

*After a nearly 16-year fight, Congress passed historic health care reform legislation in the nation’s capitol. The 10-year, $938 billion bill, known as The Patient Protection and Affordable Care Act, was signed into law by President Barack Obama. Some of the provisions of the bill went into effect in October and the bill will be fully implemented by 2014. The non-partisan Congressional Budget Office said the bill would cut the federal budget deficits by an estimated $143 billion over a decade.

*National leaders made a week-long call for every church, mosque, synagogue, temple and home to join in prayer, education, advocacy and service for the healing of AIDS in the U.S. and the world. The purpose of the National Week of Prayer for the Healing of AIDS was to put the national spotlight on the AIDS epidemic in America while at the same time focusing on the role that our nation’s faith communities can and are playing in AIDS prevention, education, service and advocacy.

Other Headlines:
• Former Hollywood, Florida police officer Michael Verdugo files a lawsuit against the city for discrimination after being terminated.

• Lt. Dan Choi is arrested after chaining himself to the White House fence in protest of the military’s
“Don’t Ask, Don’t Tell” policy

• The Miami-Dade Gay & Lesbian Chamber of Commerce holds their first “Commit 2 Love” commitment ceremony and reception with 13 couples participating.

April

*President Obama called for the end of discrimination practices toward gay and lesbian couples’ visitation rights in hospitals when visitation is limited to immediate family members. The president also called and apologized to Janice Langbehn, who unsuccessfully sued Jackson Memorial Hospital after the 2007 sudden death of her partner Lisa Pond. Langbehn and Pond, along with their three children, were preparing to board a cruise ship when Pond suddenly suffered a fatal brain aneurysm. Langbehn contends that a hospital social worker would not let her visit Pond because Florida is “an anti-gay state.” Pond died the next day. A court determined that a hospital has the right to set its own visitation rules.

*Local activists Anthony Niedwiecki and Waymon Hudson move to Chicago. Neidwiecki, who also sat on the Oakland Park City Commission, was offered and accepted a high-level administrative and faculty law professor position at John Marshall Law School in Chicago. Hudson is a national LGBT rights advocate and writer. Niedwiecki and Hudson were co-founders of the LGBT lobby group Fight OUT Loud and led an activist campaign against former Fort Lauderdale Mayor Jim Naugle after he made a number of anti-gay statements. The couple also lobbied the Florida State Senate to overturn the state’s ban on gay adoption, after taking in a foster child who had been abandoned as “unadoptable” by the state because of the child’s HIV status. The couple wed in California in June 2008 before Proposition 8 was passed and remain legally married as one of 18,000 couples still wed after the anti-gay marriage proposition passed.

Other Headlines:
• Wilton Manors Main Street displays their “Main Street Initiative” for taking back control of Wilton Drive from the state, adding more parking and landscaping.

• The City Commission of Miami Beach and Wilton Drive approve a resolution for Washington to lift the ban on gay men donating blood.

• Florida Gov. Charlie Crist announced he’s leaving the Republican Party and running for U.S. Senator as an Independent.

May

*George Alan Rekers, a man whoprided himself on empathetically stating homosexuality was a sin and helping convert people of that “deviant lifestyle,” was caught traveling to Europe on a 10-day vacation with a prostitute from the website Rentboy.com, according to the Miami New Times. A week later, a second escort came forward and claimed that he remembered Rekers being a client of his more than a decade earlier. Rekers was founder of the Family Research Council and an officer with the National Association for Research and Therapy of Homosexuality

*Florida’s AIDS Drug Assistance Program (ADAP) ensures that that underserved and uninsured individuals living with HIV/AIDS have access to life-saving medication, but now some of the hardest hit individuals will be put on a wait list because the program simply doesn’t have the funding to continue supporting everyone. Florida has one of the highest HIV infection rates in the United States. Approximately 18,000 people qualified for ADAP in Florida because they met the requirements.

Other Headlines:
• Solicitor General Elena Kagan was chosen by President Obama to replace retiring Justice John Paul Stevens.

• Walgreens opens a new pharmacy geared toward the LGBT community in Wilton Manors.

• According to a poll commissioned by the Human Rights Campaign, more than two-thirds of Florida voters favor
gay men and lesbian women serving openly in the military.

June

*Americans’ support for the moral acceptability of gay and lesbian relations crossed the symbolic 50 percent threshold according to a Gallup poll. At the same time, the percentage calling these relations “morally wrong” dropped to 43 percent, the lowest in Gallup’s decade-long trend. Gallup’s annual “Values and Beliefs” survey documents a gradual increase in public acceptance in gay relations since 2006. The change is seen almost exclusively among men and particularly men younger than 50 and a greater movement toward acceptance among Independents, moderates and Democrats than among Republicans. Liberals were already widely accepting of gay relations in 2006 and have remained that way while conservatives’ acceptance continues to run low.

*Though they had the largest turnout for this year’s Stonewall Street Festival and Parade, Pride of Greater Fort Lauderdale reported a $30,000 loss for their 11th annual event. PGFL cited that lack of a complete sales infrastructure at the start of the festival, which was partially caused by an electrical storm early in the morning halting the erection of bar and ticket sales booths. By 11 a.m., the organization knew it was in deep trouble when it was reported that people started walking away from the event with cases of liquor. After the event, PGFL cancelled its plans for the annual Wicked Manors Halloween Street Party.

Other Headlines:

• Both the U.S. House of Representative and the Senate Armed Services Committee voted to end “Don’t Ask, Don’t Tell”.

• President Obama urged the swift passage of the Domestic Partner and Obligations Act, giving LGBT federal employees the same rights and privileges of their heterosexual counterparts.

• Florida Gov. and U.S. Senatorial candidate Charlie Crist changes his stance in favor of gays and lesbians adopting children in the state.

July

*U.S. District Judge Joseph Tauro ruled that the federal ban on same-sex marriage is unconstitutional because it interferes with a state’s right to define marriage. The ruling came in response to two separate challenges of the 1996 Defense of Marriage Act, known as DOMA. Congress initially enacted DOMA after Hawaii became the first state to legalize same-sex unions in that year. If the law is overturned, same-sex couples could argue they quality for federal tax benefits. It would also have wide-ranging implications in such areas as immigration.

*The White House Middle Class Task Force and Council on Women and Girls unveiled recommendations from the Equal Pay Enforcement Task Force aimed at ending pay inequality and discrimination. The recommendations are related to the 2009 passage of the Lilly Ledbetter Fair Pay Act , which helps women who face wage discrimination. The recommendations include ways to better inform employees about their rights and improve coordination amongst enforcement agencies. Advocates and officials also urged the Senate to pass the Paycheck Fairness Act, which will help ensure people who do equal work receive equal pay.

Other Headlines:

• The FDA approves a first-of-itskind HIV test that can detect HIV days earlier than current tests.

• An American Lung Association study indicated that the LGBT community is twice as likely to develop lung cancer, and that tobacco usage is highest among gay men.

• The National Gay and Lesbian Task Force honors Tony award-winning actor Alan Cummings with its National Leadership Award at its annual Miami Recognition Dinner.

• The U.S. Labor Department announced that it would order businesses to extend unpaid leave for gay workers to care for newborns or loved ones.

August

*LGBT organizers were shocked and upset with the Target Corporation for making contributions to Minnesota Forward, a political organization supporting Republican gubernatorial candidate Tom Emmer. Emmer was known for opposing gay rights, especially gay marriage. National days of protest were organized in neighborhood Target stores throughout the country. Target’s donation was $100,000 in cash and another $50,000 in goods and services. Best Buy, the giant electronics retailer, made a $100,000 donation to Minnesota Forward. The retailer was previously rated a 100 percent from the HRC Foundation’s Corporate Equality Index.

*U.S. District Judge Vaughn Walker struck down California’s Proposition 8 and reopened California to same-sex marriage. Walker, a conservative, was first appointed to the federal bench in 1987 by President Ronald Reagan. Walker’s ruling, though favorable toward same-sex couples, does not allow the marriages to resume immediately. The judge decided that he should suspend his ruling while proponents of the ban pursue their appeal. He ordered both sides to submit written arguments on the issue immediately.

Other Headlines:

• Sunserve opens a second location in the Pride Center at Equality Park

• Women’s softball players form their own softball league.

• Former Hollywood Police Officer Michael Verdugo holds a press conference explaining that he was fired from the Hollywood Police Department due to anti-gay discrimination.

• Former Manhunt employee A.J. Spellman accuses employer of transgender discrimination.

• Steven Slater, an openly gay JetBlue flight attendant, was arrested for flipping out as his flight landed in Philadelphia, cursing out the passengers, grabbing a beer and resigns his position while escaping the airline by the emergency chute. He pleads guilty to criminal mischief charges as part of a deal to avoid jail time.

September

*Florida’s 3rd Court of Appeals ruled that banning gays and lesbians from adopting children is unconstitutional. Though the ruling was expected to be challenged and sent to the state’s Supreme Court for their final decision, Florida’s Department of Children and Families and Florida Attorney General Bill McCollum said they would not appeal the decision. The original suit was filed by the ACLU on behalf of Martin Gill who, with his partner, wanted to adopt their two foster children. Late last year, Miami- Dade County Judge Cindy Lederman decided that Gill could adopt the children, which ultimately ended the 33-year ban on gay adoption in Florida.

*Former Republican National Committee chairman Ken Mehlman came out of the closet as being gay. In an interview in The Atlantic, Mehlman stated that he is, in fact, gay and that he plans to be an advocate for legalizing same-sex marriage. According to the New York Times, Mehlman’s “announcement makes him apparently the most prominent Republican official to come out.” This disclosure followed years of him avoiding and denying inquiries about his sexual orientation. During his RNC chairmanship, Mehlman supported social positions of the Republican Party, including opposition to same-sex marriage. Mehlman claimed that he could not have gone against party consensus, but acknowledged that, had he come out of the closet earlier, he could have impacted Republican efforts to pass state initiatives banning same-sex marriage.

Other Headlines:

• U.S. District Court in California declares DADT unconstitutional. Senate Majority Leader Harry Reid scheduled vote to repeal DADT as part of National Defense Authorization Act, but it fails to get the 60 votes required to break a filibuster.

• St. Petersburg Police get domestic partner benefits.

• Students Matty Daley and Bobby Canciello broke the Guinness Book of World Records for the “Longest Continuous Kiss.” The record-breaking kiss took place on The College of New Jersey campus located in Ewing, New Jersey.

October

*Gay teen suicides, all due to being bullied in school, became the major topic of national discussion and headlines and evoked protests, memorials and candlelight vigils throughout the country. Billy Lucas, 15, of Greensburg, Ind., saw no end to the constant stream of teasing and harassment for his openly bisexual orientation and hanged himself from the rafters of his family’s barn. A day before the suicide, Lucas had a chair pulled out from underneath him in the school cafeteria and his classmates had taunted him by saying he should just go hang himself. Seth Walsh, 13, of Fresno, Calif., hung himself from a tree in his family’s backyard after getting bullied by a group of local teenagers in a park. Walsh had been openly gay but not sexually active, according to his family. Tyler Clementi, 18, a freshman at Rutgers University in New Jersey, jumped off the George Washington Bridge into the Hudson River after his roommate secretly videotaped him engaging in sexual activity with another man. Asher Brown, 13, of Houston shot himself in the head in his stepfather’s closet. The middle-school student was constantly picked on by four students at his school and endured being called gay and had mock gay acts performed on him during physical education class. Raymond Chase, 19, a sophomore at Johnson & Wales University in Rhode Island committed suicide by hanging himself in his dorm room. Friends and family said that Chase seemed happy and they did not know he was suicidal.

*Pride of Greater Fort Lauderdale (PGFL) announced it would cease operations Dec. 31. The organization was able to pay off $20,000 of its total $40,000 debt and donated its remaining physical assets and it registered trademark “Wicked Manors” to the Pride Center at Equality Park. Later, the City of Wilton Manors announced they would handle all future events on Wilton Drive and hoped to keep a gay pride and Halloween festivals alive on The Drive. PGFL, which owned the electrical service on the corner of Wilton Drive and NE Sixth Avenue along with a custom-made electrical circuit box and cables for the stages, have donated that equipment to the city.

Other Headlines:

• The Gay, Lesbian and Straight Education Network (GLSEN), honored the Emmy Award-winning ABC comedy “Modern Family” at the Respect Awards. The series focuses on a diverse suburban family, including a gay couple with an adopted daughter.

• President Obama told a studio audience and television viewers of an MTV town hall meeting that he felt that being gay was not a choice but genetic.

• The Union Leader, New Hampshire’s largest newspaper, refuses to print marriage announcements for same-sex weddings.

November

*Florida’s struggling economy found its latest victims: uninsured HIV/AIDS patients. According to the Florida Department of Health’s Bureau for HIV/AIDS, a budget crisis is forcing the state to drop 350 uninsured HIV/AIDS patients from a federal drug subsidy program, and an additional 2,000 more patients may suffer the same fate. The need to drop patients from the AIDS Drug Assistance Program (ADAP) stems from Florida’s $16 million shortfall of its $100 million drug program budget. Another factor affecting the cuts is the economy, which has triggered an increase in the number of Florida patients being enrolled in the program due to loss of employment and health insurance. The Bureau estimates the current enrollment to be approximately 11,000 patients. The lack of funding has forced the agency to put patients on a waiting list.

*The U.S. Congress turns “pinker” with a distinctive taste of tea, and Florida becomes more “red” after the mid-term elections. Two term Rep. Ron Klein (D) from Florida lost to Tea Party-endorsed candidate Alan West, helping the GOP gain a 53-seat majority in the U.S. House. Re-elected were LGBT-supported Representatives Ted Deutch, Debby Wasserman Schultz, Alcee Hastings and Ileana Ros-Lehtinen. On a statewide level, Tea Party-backed Marco Rubio was elected to the U.S. Senate, defeating Florida Gov. Charlie Crist and Rep. Kendrick Meek. The Democrats barely held on to their majority in the Senate. Democrat Alex Sink barely lost her bid to become Florida’s Governor to Republican Rick Scott by less than 2 percent. Pam Bondi (R) was elected Florida Attorney General and has vowed to challenge the court decision permitting gay adoption. Broward County’s first openly gay mayor Ken Keechl (District 4) lost his reelection bid for the county commission.

Other Headlines:

• Pastor Jim Swilley, head of the Conyers, Georgia Church in the Now, announced to his congregation that he is gay. Swilley founded the church 25 years ago and is the divorced father of four.

• A Federal Appeals Court indefinitely extended its freeze on a judge’s order halting enforcement of the military’s “Don’t Ask, Don’t Tell” policy.

• U.S. Secretary of Defense Robert Gates wants the Senate to quickly move ahead with repealing “Don’t Ask, Don’t Tell” during the lame duck session.

•Wilton Manors Police investigate a series of attempted rapes and muggings.

• The Oakland Park City Commission votes in favor of a resolution supporting legislation prohibiting discrimination and bullying. • Pope Benedict XVI says that condoms can be justified for male prostitutes seeking to stop the spread of HIV.

December

*In the lame duck session prior to the new Congress, which begins in January, the U. S Senate voted to repeal “Don’t Ask, Don’t Tell,” a 17- year policy that banned gays and lesbians from serving openly in the military. The same legislation previously passed in the House of Representatives. With the help of eight Republicans, senators voted down the policy by a vote of 65-31. For Lt. Dan Choi, Capt. Jim Pietrangelo, Cadet Mara Boyd, Petty Officer Autumn Sandeen and the 13,389 other people who have lost their jobs in the United States Armed Services, it’s too late, but no longer will a man or woman be kicked out of the Army, Navy, Air Force or Marines for being openly gay or lesbian. President Obama signed the DADT repeal bill into law.

The new military policy will take several months to implement

*For the fourth year in a row, Broward County leads the state of Florida in the number of reported hate crimes, but officials say the numbers aren’t as dire as they seem for the second largest county in South Florida. Attorney General Bill McCollum released the 2009 Florida Hate Crimes Report, which indicates that reported hate crimes in Florida are at their lowest level since 1990. During the 2009 calendar year, 148 hate crimes were reported by law enforcement agencies, well below the annual average of 262 reported hate crime incidents since reporting began in 1990. Broward County had 22 reported hate crimes, while Miami- Dade County reported 17 hate crimes, Palm Beach County reported nine hate crimes, Orange County also had nine hate crimes, Pinellas County had three hate crimes and Osceola County had one reported hate crime

Other Headlines:

• Orange County banned sexual orientation and gender identity-based discrimination in employment, housing and public accommodations. • Scientists believe they have found a pill that can help healthy gay men stay HIV-negative.

• Former City of Hollywood Police Officer Michael Verdugo loses his court appeal in the Broward County Circuit Court.

• The Ladies Professional Golf Association (LPGA) changed their constitution to remove the requirement that players must be “female at birth” in order to join the tour, paving the way for transgender male-to-female golf players.


Equality Florida to honor Martin Gill during Broward Gala

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Gill was at center of gay adoption battle in Florida

By BOB KECSKEMETY

 

Come out and honor Martin Gill, the man who changed the thinking of the people and officials in the State of Florida during the eighth annual Equality Florida Broward Gala. The event, which will recognize Gill’s perseverance during the adoption battle of his two sons, will take place on Sunday, Nov. 14 at 5 p.m. at the Fort Lauderdale Museum of Art in downtown Fort Lauderdale. Gill will receive the Voice for Equality Award during the gala.

Gill’s perseverance made national news as, instead of laying down and following Florida’s ban on gay adoption, he fought, with the help of the ACLU, to get the state to change their views and permit him to adopt his two foster sons.

In November 2008, a Florida juvenile court judge ruled that Gill should be able to adopt the two young brothers he and his partner had been fostering since 2004. However, the state of Florida appealed this decision to Florida’s Third District Court of Appeals.

On Sept 22, that same court ruled that Florida’s law banning adoption by gay people is unconstitutional because it has no rational relationship to the best interests of children. The state’s Department of Children and Families, Gov. Charlie Crist and Attorney General Bill McCollum decided not to appeal the court’s ruling to the Florida Supreme Court, thus killing Florida’s 33-year ban on gay adoption, which went all the way back to the days of Anita Bryant.

“Equality for LGBT people in Florida has entered a new era,” said Brian Winfield, Equality Florida’s communications director, “Martin Gill is the primary catalyst who has brought that about by courageously refusing to allow the state to take his boys away and for standing up for them for years in court battles and ultimately winning, thus bringing a three-decade old bigoted, harmful state law to its knees.”

Tickets to the gala are $125 and can be purchased by at www.eqfl.org.

Could Gays Lose Right to Adopt –Again?

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By BOB KECSKEMETY
It appears the political pundits could have announced the final election results prior to Tuesday’s voting because all the pieces of the puzzle seemed to fall into their correct (or incorrect, depending on your point of view) place as predicted — like it or not.

Unfortunately, recent equal rights gained in Florida by the LGBT community now are less certain — especially the newly-gained right to adopt children. Both current Governor Charlie Crist and current Attorney General Bill McCollum have refused to challenge the court ruling permitting gay adoption in Florida.The same can’t be said for newly-elected Attorney General Pam Bondi (R) who said she would challenge the court decision and take that right away. Bondi ran against Dan Gelber (D) and won with 55% of the vote.

Democrat Alex Sink barely lost her bid to become Florida’s Governor to Republican Rick Scott by less than 2%. Scott too had said he would challenge gays’ right to adopt. Not surprising, Miami-Dade, Broward and Palm Beach counties were the last to finish counting their votes. Statewide, it was no surprise that Republican Marco Rubio won the U.S. Senate race with 49% of the vote with  Governor Charlie Crist (I) coming in second with 30% and Representative Kendrick Meek (D) picking up the leftovers. These final results were representative of most of the state, however, in South Florida, the final results were an almost 3-way even split with Crist slightly ahead.

Nationwide, after four years in the minority, Republicans have regained control of the U.S. House of Representative. Incomplete results show that Republicans gained 60 seats in the House and now have a 53 seat majority.

In Florida, the most surprising House win was in District 22 where Tea Party-backed Alan West (R) won over incumbent Ron Klein (D) with 54% of the vote. Most of the rest of the state with a large LGBT communities was as pretty much expected. In District 18, Ileana Ros-Lehtinen (R) was returned to her seat with 69% of the vote. Despite her party affiliation, Ros-Lehtinen has been a supporter of gay rights and was endorsed, once again, by the SAVE-Dade PAC. LGBT-endorsed Ted Deutch (D) won with 63%, and District 20’s Debby Wasserman Schultz won with 60% and Alcee Hastings (D) won, in what seemed like an almost non-contested race with 79%. In what was a particularly nasty race, David Rivera (R) won over Joe Garcia with 52% in District 25.

Equality Florida, the state’s largest LGBT rights organization, endorsed four candidates in the state’s forty Senatorial races. Kelly Skidmore (District 25-D) lost to Ellyn Bogdanoff with 38%, Kevin Rader (District 27-D) lost with 46% and Les Gerson (District 38-D) lost with 32%. However, in District 35, Gwen Margolis (D) won against Corey Poitier (R) with 78%.

Candidates for State Representative in key LGBT areas of Florida and endorsed by Equality Florida were trounced. In the Tampa Bay area, District 51’s Janet Long lost with 44% of the vote, Stacy Frank (District 57-D) lost with 44%, Russ Patterson (District 60-D) also lost with 44% and Keith Fitzgerald (District 69-D) barely lost with 49%. If there was some sunshine on the west coast, it was District 53 where Rick Kriseman (D) won with 58%.

Equality Florida backed State Representative candidates in southeast Florida fared somewhat better. Included were Mack Bernard (District 84-D) with 78%, Joseph Abruzzo (District 87-D) won with 53%, Jeff Clemens (District 89-D) won with 61%, Irving Slosberg (District 90-D) won with 63%, Jim Waldman (District 95-D) won with 61%, Ari Porth (District 96-D) won with 71%, Franklin Sands (District 98-D) won with 63%, Evan Jenne (District 100-D) garnered 67%, Luis Garcia (District 107-D) won with 51% and Ron Saunders (District 120-D) won with 55%.

Gwyndolen Clark-Reed, District 92, Democrat, covering much of Broward County ran unopposed.

In key County Commission races, Broward County’s first openly gay mayor, Ken Keechl (District 4) lost his reelection bid to the county commission with 45% but LGBT-backed Suzanne Gunzburger won reelection with 72% in District 6.

Both Hillsborough County Commission candidates backed by Equality Florida lost: John Dingfelder (District 1) with 46% and Linda Saul-Sena (District 5) with 43%.

Miami-Dade County Commission District 8 election is very close and may end up in a re-count. Equality Florida backed Eugene Flinn and his opponent Lynda Bell split the vote almost 50-50. Write in ballots, that are still to be counted, could make a difference in the final result.

Palm Beach County Commission candidates endorsed by Palm Beach County Human Rights Council were Sherry Lee (District 2) who lost, Jess Santamaria (District 6) who won and Priscilla Taylor (District 7) who also won.

Equality Florida-backed, Susan Latvala (R) won her bid for Pinellas County Commission District 4 with 56%. Key amendments to the Florida Constitution won allow for military personnel an additional tax credit on their property taxes and new redistricting rules for both state and national districts. It was a good day for the incumbents in Wilton Manors. Mayor Gary Resnick was returned to office with almost 66% of the vote. Also returning to city hall are commissioners Ted Galatis and Scott Newton. Former City Commissioner Julie Carson, who sat on the dais for a few months in 2009 replacing Resnick who became mayor. She was temporarily appointed to fill Resnick’s seat in the City Commission and lost that seat to Scott Newton in a special election.

Florida Attorney General not to appeal gay adoption case decision

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Photo: Bill McCullum, courtesy State of Florida
By DMITRY RASHNITSOV

In 1977, Anita Bryant had a dream that gays and lesbians would never be able to adopt children in Florida. Thirty-three years later, ultra-conservative Florida Attorney General Bill McCollum put the final dagger in Bryant’s dream — in what had actually turned out to be a nightmare for the entire GLBT community.

On October 22, McCollum announced he will not appeal a September 22 state appellate court ruling that overturned Florida’s ban on adoption by gay men or lesbians.

“The constitutionality of the Florida law banning adoption by homosexuals is a divisive matter of great public interest,” McCollum said in a statement. “As such, the final determination should rest with the Florida Supreme Court, not a lower appellate court. But after reviewing the merits of independently seeking Supreme Court review, following the decision of our client the Department of Children and Families not to appeal the decision of the Third District Court of Appeal, it is clear that this is not the right case to take to the Supreme Court for its determination. No doubt someday a more suitable case will give the Supreme Court the opportunity to uphold the constitutionality of this law.”

Frank Martin Gill, had filed the case against The Florida Department of Children and Families (DCF) because he wanted to adopt two young boys that he and his partner had been fostering for nearly six years.

“We are relieved that this process has finally come to an end, and that we can focus on being a family,” Gill said in a statement. Both DCF and Florida Governor Charlie Crist had said that they would not appeal the ruling.

The Keen News Service reported that McCollum told the Florida Baptist Witness in August, “I don’t believe in gay adoption” — but Orlando Sentinel columnist Mike Thomas reported that, in May, when he had asked McCollum if he favored taking the boys from Gill, McCollum mentioned a gay campaign aide who had adopted children and said, “Let’s leave it at that.”

While the law has essentially been overturned by the courts, McCollum’s statement leaves open the possibility that the state or DCF would continue to challenge adoptions by gays and lesbians and eventually take the fight all the way to Florida’s Supreme Court unless the ban is written out of the state’s constitution by legislators, which at this point does not look like it’s going to happen.

Another court challenge that is on the horizon is that of lesbian Vanessa Alenier who is trying to adopt 21-month-old Ethan, a biological relative who has been with her since he was nine days old.

Alenier’s case was recently heard by Third District Court and DCF has not decided yet whether they will continue to fight Alenier’s adoption of Ethan or stop the case altogether.

“The breadth of social science and child welfare research – spanning 25 years – proves irrefutably that gays and lesbians make every bit as much of a good parent as straight parents,” said American Civil Liberties Union Spokesman Brandon Hensler. The ACLU is supporting Alenier in her case.

Currently there are about 1,000 children available for adoption in the state of Florida and another 19,000 who are in temporary foster care and could also be adopted, according to DCF.

Florida’s two candidates running for the open Governor position has different views concerning the gay adoption ruling. Republican Rick Scott said, “Children should be raised in a home with a married man and a woman. Pressed to expand on whether the state should forbid gays from having children through other methods, such as surrogate parenting or in vitro fertilization, Scott repeated his previous statement. Democrat Alex Sink said: “As a mom who cares about what is in the best interest of Florida’s children, I support the end of this ban.”

Gay Adoption

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By BOB KECSKEMETY

The Florida Department of Children and Families announced on Tuesday that it will not appeal the ruling of the 3rd Circuit Court of Appeals’ decision to overturn Florida’s ban on gay adoption. The lower court ruled on September 22 that Florida’s 33-year old ban was unconstitutional; however, the ruling could have been appealed to the Florida Supreme Court.

The original suit was filed by the ACLU on behalf of Martin Gill who, along with his partner, wished to adopt their two foster children.

Late last year, Miami-Dade County Judge Cindy Lederman decided that Gill could adopt the children. The decision was then appealed to the 3rd Circuit Court of Appeals by the DCF. That court considered the case for 13 months prior to arriving at its September ruling.

A spokesperson for the DCF stated that due to the 3rd Circuit Court’s three-judge unanimous ruling and the initial ruling by Judge Lederman, an appeal to the Supreme Court would have a less than limited chance of a different outcome. The DCF also stated that they considered the ruling to be statewide and that the department’s adoption applications were being revised to remove the question concerning sexual orientation.

Florida Governor Charlie Crist had also previously announced that he would not enforce the anti-gay adoption law and had no plan to appeal on behalf of the State. However, Florida Attorney General Bill McCollum, who has opposed gay adoption in the past, may still appeal the ruling to the higher court. Nadine Smith, Executive Director of Equality Florida said in a written statement that “It’s clear they’ve done what they are supposed to do — they’ve put the needs of the children first. There are no credible voices left to defend this ban. It hurts children, and it appeals to fear, lies and stereotypes.”

Opponents to lifting the ban said they were disappointed by the latest ruling and hoped the Attorney General would continue to defend the gay adoption ban. It is currently uncertain what the Attorney General’s office will do, but a statement released from the office said, “We appreciate the announcement and look forward to a conversation with DCF about what the next actions will be.”

Court Strikes Down Ban on Gay Adoption

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By BOB KECSKEMETY

In a 3-0 ruling, the Third District Court in Miami ruled that Florida’s ban preventing gays and lesbians from adopting children is unconstitutional. The case was on behalf of a North Miami gay couple wishing to adopt their two foster children.

The court decision strikes down a 33- year old Florida law and will most likely be appealed to the Florida Supreme Court.

The final opinion stated that “Given a total ban on adoption by homosexual persons, one might expect that this reflected a legislative judgment that homosexual persons are, as a group, unfit to be parents.

No one in this case has made, or even hinted at, any such arguments.

To the contrary, the parties agree ‘that gay people and heterosexuals make equally good parents’.”

The law prohibiting gays and lesbians adopting children goes back to the mid- 1970s.

In 1977, the Dade County Commission passed a law prohibiting discrimination against the gay and lesbian community in matters of housing and employment. At that time, entertainer and Dade County resident Anita Bryant formed the “Save Our Children” campaign based on her Christian beliefs regarding the sinfulness of homosexuality and the perceieved threat of homosexual  recruitment of children and child molestation. As a result of her efforts, the Dade ordinance was repealed and the Florida Legislature passed a law prohibiting homosexuals from adopting children in the state. The law, however, did not prevent homosexuals from becoming foster parents.

ACLU attorney, Rob Rosenwalk, Jr. represented Martin Gill and his partner in their attempt to adopt two sons they fostered since the the children were 4-years and 4- months old. The actual names of the children were never identified.

Gill’s attorney attempted to have the question taken directly to the state Supreme Court but Florida Attorney General Bill McCollum insisted that it first be heard by the Miami appeals court. However, legal scholars assumed the case would eventually go to the state’s highest court all along.

Florida’s Solicitor General, Scott Makar and Deputy Solicitor Timothy Osterhaus represented the state and claimed that it was not in the best interests of the children to be raised by homosexuals.

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