Victory for Same-Sex Parents and Children in Maine

At last, Ann Courtney and Marilyn Kirby of Portland will be able to form a permanent, legal parental relationship with the two children they have raised as foster parents for the past six years. In a unanimous decision yesterday, Maine's Law Court stated clearly that unmarried couples are allowed to jointly petition to adopt under Maine law.

The children, 10-year-old "M" and her brother, six-year-old "R", were removed from their original home in 2001, when their biological parents were no longer able to care for them. They were placed with Ann, an attorney, and Marilyn, a counselor, who quickly re-organized their lives to address the children’s multiple emotional, learning, and developmental difficulties. The children have flourished under Ann and Marilyn’s care.

Read more at www.glad.org

More on O'Donnabhain Trial

Mark Pratt filed this article for the Associated Press.

Bay Windows has this article.

Dignity, Respect, and Equal Treatment (O'Donnabhain Trial Concludes)

Trial ended today in Rhiannon O'Donnabhain's challenge of the IRS over their refusal to allow her a tax deduction for the costs of her treatment for Gender Identity Disorder. The IRS presented testimony from a final expert witness and both sides made their closing arguments.

Both parties will next file briefs with the court on November 6. Following that, each side will have seventy-five days to file a response brief (due January 21, 2008), after which the judge will issue a decision.

At the conclusion of today's trial proceedings, Rhiannon O'Donnabhain issued the following statement:

"I'm glad to have had the opportunity to tell my story and it was important for me personally, as a citizen and tax-payer, to have my day in court.

It also was important for the transgender community, my community, to speak in an official forum about what it means to be a transgender person living in this country.

I hope that this case sends a clear message that transgender people deserve dignity, respect, and equal treatment not just for our medical care, but in all aspects of our lives - just as every human being deserves dignity, respect and equal treatment.

I also hope that this case addresses some of the misunderstanding, bias, and prejudice transgender people face in our lives every day. Because what's really at the heart of this case - and my story - is a basic misunderstanding about the critical importance of being able to express my gender identity. It's something everyone should be able to do."

O'Donnabhain Tax Trial Resumes Thursday

The potentially precedent-setting trial, O’Donnabhain v. Commissioner of Internal Revenue, resumes this Thursday, August 23, in Boston.

Rhiannon O'Donnabhain, represented by GLAD, is challenging the IRS over their refusal to allow her a tax deduction for sex reassignment surgery related to her treatment for Gender Identity Disorder.

The trial began on July 23 and recessed on July 27. On Thursday, the IRS will present their final expert witness, and both sides will make closing statements.

Check back here later this week for a post-trial wrap-up.

Mary Bonauto for U.S. Supreme Court?

41% of Bay Windows readers think so. (scroll down to bottom left to see the poll result).

Responding to an announcement from hit TV show 24 that its next fictional U.S. President will be played by out actress Cherry Jones, last week's Bay Windows readers' poll asked what the first act of a real-life lesbian president should be.

The winning vote? Appoint Mary Bonauto to the U.S. Supreme Court.

Sounds like a good idea to us.

Vermont: Are Civil Unions Enough?

An op-ed in today's Burlington Free Press gives voice to some of the reasons why civil unions do not provide full equality for lesbian and gay couples.

The Vermont legislature created civil unions in 2000, after the state Supreme Court recognized in Baker v State that same-sex couples are entitled to have their relationships afforded the same legal benefits, protections, and obligations as heterosexual marriage under Vermont law. Vermont was the first state in the U.S. to create the separate-but-equal institution of civil unions (now joined by Connecticut, New Jersey and, beginning in 2008, New Hampshire).

Now after more than seven years of living with civil unions, Vermonters are asking whether they offer true equality. Vermont House Speaker Gaye Symington and State Senate President Pro Tem Peter Shumlin have formed a commission to study the issue, and will hold hearings around the state to evaluate public opinion on providing lesbian and gay couples access to full equality through civil marriage.

Visit Vermont Freedom to Marry for updates on the commission and dates of the public hearings.

More on Trans Medical Deduction Case

While the O'Donnabhain trial is temporarily in recess, the case, Rhiannon, and the GLAD attorneys representing her continue to receive supportive press (read this editorial from David Yas of Massachusetts Lawyers Weekly) and feedback. Thanks to all who have written such supportive and encouraging emails and comments.

Clearly this case is affecting many people. Here is a sampling of the comments we've received:

"Thank you for representing Rhiannon in this US Tax Court Case. It will affect me as well. I have an almost parallel journey to hers, was navy though 24 years."

"I am a bisexual cisgendered female resident of Massachusetts currently dating a hopeful Male-to-Female transgendered bisexual woman who I love very much and support strongly in her pursuit of aligning her sex with her gender. As such, I am so pleased that GLAD is supporting the transgender community in such a strong way. Bennett Klein as well as all of the other amazing GLAD contributors have my thanks and encouragement."

"GLAD is like a pit bull. You better look out if they decide to sink their teeth into you, even if you're the Internal Revenue Service."

Looking for help?
GLAD's Legal InfoLine offers help for individuals in the New England area dealing with legal issues related to their gender identity or expression, sexual orientation, and/or HIV status. If you have concerns or questions, visit our Legal InfoLine online for more information on the resources GLAD can provide.

Weighing in on Rhode Island Divorce Case

The Rhode Island Supreme Court will soon hear argument on whether a Family Court judge has jurisdiction to decide a divorce case for a same-sex couple – Rhode Island residents Cassandra Ormiston and Margaret Chambers – who legally married in Massachusetts.

While Rhode Island law is silent on the question of licensing marriages between same-sex couples, the Massachusetts courts ruled in 2006 that Rhode Island gay and lesbian couples could legally marry in Massachusetts, and in February, 2007, Rhode Island Attorney General Patrick Lynch issued a legal opinion saying that state law requires that those marriages be recognized in Rhode Island.

Married couples are able to divorce in Rhode Island. Ormiston and Chambers have a legal marriage, so there should be no reason for the Rhode Island Family Court to deny them a divorce.

You can read the amicus brief GLAD has submitted in this case, and read more on this story in the Providence Journal.