Just the Facts, Maggie

Mary L. Bonauto Speaking at a Washington, D.C. Press
Conference on DOMA Repeal Legislation, March 2011

Post by Mary L. Bonauto, GLAD Civil Rights Project Director

When the U.S. House Subcommittee on the Constitution held an April 15 hearing called “Defending Marriage,” we knew it would not be a friendly forum. Although the focus of the hearing was on the Justice Department’s decision not to defend DOMA, Chairman Trent Franks called Maggie Gallagher of the National Organization for Marriage as the principal witness rather than anyone from the Department of Justice.

Ms. Gallagher’s written testimony begged for a written response, and GLAD submitted its rebuttal last week, which will now be entered into the Congressional Record. GLAD responds point by point to Gallagher’s fictitious assertions about marriage, procreation, Catholic Charities and other talking points, some of which are simply fictitious, and all of which fail to justify DOMA’s singling out of married same-sex couples for different treatment by the federal government.

See GLAD’s Rebuttal, with attachments, and the testimony of Gallagher as well as Ed Whelan (the two majority witnesses) and Professor Carlos Ball (the minority witness).

I Was Smiling Inside All the Way Home

Editor’s Note: Please enjoy this inspiring guest post from Wayne, the father of Nicole, a transgender teen GLAD is representing in her fight against harassment and bullying in school. They are quickly becoming influential advocates for Maine’s transgender community, and you will understand why after you read this.

Nicole and I had a very special day on Friday, May 13. My wife Kelly and I are so proud of her. Prior to the Joint Standing Judiciary Committee’s vote on LD 1046, a bill to repeal part of the Maine Human Rights Act to prevent transgender people from using appropriate restroom facilities, we were invited to speak to the Democrats on the committee for about 30 minutes before they voted. Nicole did a great job.

When we arrived in Augusta and she saw the capitol building she got very nervous and scared.

“We are going there?” she asked.

I said, “Yes that is where all of the laws are promulgated and passed into law. Don’t worry, I will be with you and just remember to just be yourself and everyone will love you.”

We parked and walked into the lobby to wait for GLAD attorneys Jennifer Levi and Janson Wu and a couple of lobbyists. Nicole went to the restroom while we were waiting and after about 20 minutes I asked Jennifer to check on her. She was in a great deal of pain from a nervous stomach. After another five minutes I went in to tell her we had to go. She came out looking pretty bad; I was ready to pull the plug. She said she still wanted to go, so we went to our meeting.

I started to tell our story and quickly suggested they ask Nicole what she experienced and how she felt. She had the lawmakers’ full attention. She talked about the good times, what it was like to be a young, out transgender child and how it quickly changed. She talked about the bullying and harassment that she has experienced. She talked about why trans kids only want to go to the bathroom and visit with their friends and why it would be so harmful for trans kids if this bill were to pass. She explained that she currently uses the girl’s bathroom and locker room at her current school without any problems. She ended with explaining how hard it was to have to be stealth, to have her dad live in another town, and how difficult it was to understand what adults were so afraid of, when her peers have no problems with trans kids.

What a rewarding experience to see her finally have a voice. As she talked she became more and more confident and I became more and more proud of her. I could not help think that this might help make up for some of the pain and abuse that she has had to endure.

We went to the work session to wait for the committee vote. We were pulled out a number of times to talk to other key leaders. She did a great job every time. At the end of the day, the vote was 8-5 that LD 1046 "ought not to pass." I believe that Nicole helped move votes in our favor.

She told Jennifer that it was one of the best days of her life – she got to miss school, the vote was favorable, and she got a Snickers bar.

We walked out of the capitol building holding hands, and she smiled and said, “Daddy maybe I should be an attorney like Jennifer, or governor to help make sure we help people.”

I smiled and said, “Sweetie, you can do anything you want. You are a special girl and all you have to do is work hard and never give up.” She stopped and said, “I love you Daddy.” I was ready to cry, but I had promised her I would not cry that day.

We got in the car and she immediately fell asleep. I do not think either one of us slept the night before. As we were driving home, I thought maybe what we are going through is meant to be, maybe this experience will provide her with the energy, the resolve and the motivation to do great things. I was smiling inside all the way home. As I started to calm down and reflected on the morning’s events, I reminded myself that Nicole is still a little girl who will have many hopes and dreams and my job is to make sure she has a chance to explore the many options before her. In the end I just want her to be a happy and well-adjusted young adult who has the confidence and basic skills to do whatever she wants to do with her life. As we rolled into into our driveway I felt good, relaxed and hopeful.

Another GSA is Born

Post by GLAD Attorney Vickie L. Henry

I recently received the exciting news that we had helped a high school student and his friends in Maine form a Gay Straight Alliance (GSA). I would have been happy to sue to found a GSA but it was just as satisfying to persuade the school to do the right thing because it was right for the school. Indeed, GLAD does a lot of work behind the scenes.

GSAs are a fun "case" for GLAD because the law is so good. If requested, just about every school has to permit a GSA. But that does not always mean school officials will quickly or easily approve a GSA. That's where we enter, behind the scenes or publicly as counsel for the students.

Generally speaking (lawyer-speak meaning there are limited exceptions), the Equal Access Act requires a public high school that allows any non-curriculum student group to meet on school grounds to also allow other student groups the same access to the school, including a GSA.

School officials have gotten creative across the country to avoid a GSA but the law is so broad that in nearly every case, the courts have supported the GSA. Some school officials try to stall a GSA, particularly if a senior is involved, because maybe the request will graduate with the senior. So having a younger proponent is helpful. Others try to change the name of the group, which is not permissible. Still others have actually eliminated all non-curriculum groups but that failed - you can just found a curriculum-related club to discuss a subject - say history - from an LGBTQ perspective. Still others have objected with a claim that a GSA would be disruptive. But the law protects the right to form a GSA as long as the GSA itself (versus those who don't like the idea of a GSA) is not causing the disruption.

I want to give a big shout out to the parent helping her child in this case. She went toe-to-toe with the school addressing its concerns and demonstrated - politely but relentlessly - that a GSA would be good for her child and for the school.

One more GSA approved. Today we have one more community where high school kids have an oasis of acceptance and support. Raise your glass (non-alcoholic of course; they're minors).

Students, parents and teachers: GLAD’s Legal InfoLine wants to hear from you!

GLAD’s Legal InfoLine is free and confidential. That means that if you call the InfoLine nothing will be shared with your parents, school or anyone else unless you specifically gives us permission to do so. You can reach the InfoLine by phone, live chat or email—just go to www.glad.org/rights and click on “Contact the InfoLine.”

GLAD has always been involved in youth issues and over the years has won a number of important victories, such as:

· winning the right for a student to take his boyfriend to the prom,

· winning the right for students to form a GSA and for the GSA to receive the same treatment and privileges as any other student extracurricular group,

· winning protections for LGBT students who are being harassed and discriminated against,

· winning the right for transgender students to dress in a way that fits their gender identity,

· helping to create and pass strong anti-bullying laws in Massachusetts and New Hampshire,

· and many more.

Currently, some examples of GLAD’s youth work include:

· fighting on behalf of a transgender student who was forced to change schools due to harassment

· helping to get an anti-bullying bill passed in Maine, and

· producing a video about the rights of public school students in Massachusetts—it’s a great video! Take a look at: http://www.glad.org/current/video/got-lgbtq-rights-yes/.

Students in all of the New England states have legal protections against harassment, bullying and discrimination, and GLAD is working to strengthen these and make sure that they are enforced. In addition, students have the right to:

· wear clothing that fits your gender identity

· express your point of view and feel safe in doing so, even on controversial topics

· form a Gay/Straight Alliance on the same terms as all other extracurricular student groups.

GLAD has a number of publications that address legal issues pertaining to students and schools at http://www.glad.org/rights/publications/c/students-schools/.

GLAD wants to do more work in this area and to learn more about the ways in which GLAD’s legal expertise can more effectively address the needs of young people. We encourage students, parents and teachers to call GLAD’s Legal InfoLine if they encounter a situation involving harassment, bullying or discrimination; want to know the rights of students (and teachers) in the six New England states, or want to make suggestions about additional ways in which GLAD can use its legal expertise to address youth issues.

We look forward to hearing from you!

Attention Lawyers! Learn How To Better Serve Your Transgender Clients

There’s still time to reserve your spot for GLAD’s first-of-its kind seminar “Representing Transgender Clients in Family Law,” a program that aims to provide resources and training for family law practitioners representing transgender clients in Massachusetts. This free seminar takes place at the Boston Bar Association on 16 Beacon Street in Boston on Monday, May 2 from 4 p.m. – 6p.m.

Despite the growing visibility of transgender people and the legal issues that affect them in the last 10-15 years, for many attorneys transgender issues are uncharted turf. We’re hoping to begin changing that with next week’s seminar.

“By providing this training session we hope to expand the resources available to transgender people who face family law issues,” says GLAD Transgender Rights Project Director Jennifer Levi, who will be presenting at the seminar. “The seminar will offer family law practitioners practical information and resources to help them better serve transgender clients, who, unfortunately, are extremely vulnerable in the legal system because of pervasive bias and misunderstanding about transgender people’s lives.”

GLAD is proud to cosponsor the seminar with the Massachusetts LGBTQ Bar Association, and between the two organizations, we’ve assembled a team of presenters that should make for an enlightening and informative afternoon.

In addition to Jennifer, a nationally recognized expert on transgender issues, the Honorable Angela M. Ordonez, First Justice of Norfolk Probate and Family Court, will share her perspective on family law cases involving transgender litigants (fun fact: Judge Ordonez is the first Hispanic openly gay justice appointed to the Massachusetts bench). Rounding out the roster are some folks who are leading the way on transgender issues in the local legal community: Laura Langley, an associate at Bingham McCutchen and chair of the LGBTQ Bar Association's Committee on Transgender Inclusion; Astrid Tsang of the LGBTQ Bar Association's Committee on Transgender Inclusion and an associate at WilmerHale; Barusch (just one name, like Madonna), a member of the LGBTQ Bar Association’s Committee on Transgender Inclusion and an associate at the Law Office of Joyce Kauffman; and Elizabeth Roberts, chair of the LGBTQ Bar Association’s Family Law Section and an associate at Todd & Weld.

Some of the topics up for discussion include:

• Introduction to representing a transgender client
• Guide to legal name changes in Massachusetts probate court
• Guide to obtaining a legal change of sex in Massachusetts
• Divorce and support/division of property factors
• Judicial perspective on family law cases involving transgender litigants

Attendees will also receive a free resource binder to assist them when representing a transgender client.

And there will be snacks, too!

You don’t want to miss this. Register here right now!

But if you can't be with us, check out our related webinar on Wednesday, May 4, which is also titled “Representing Transgender Clients in Family Law,” but is geared toward a national audience. To register visit: www.glad.org/event/2011-trans-clients-webinar

“I am looking forward to having my daughter home safe with me very soon.”

Janet Jenkins with her daughter, Isabella, in 2009

There’s been an interesting development in the Miller-Jenkins case, a high-profile custody case in which GLAD has represented Janet Jenkins, a non-biological mom who sought visitation with her daughter Isabella after the dissolution of her civil union with Lisa Miller, who gave birth to the child. In 2009, frustrated by Lisa’s persistent refusal to cooperate with the visitation order, the Vermont Family Court awarded Janet full custody of Isabella with liberal visitation for Lisa. Lisa then disappeared with Isabella, who is now 9, and Janet has tragically had no contact with her daughter since then, despite her public appeal for Isabella’s return.

But it’s hard not to be a little hopeful that Janet will soon be reunited with her daughter after reading in this morning’s Rutland Herald (pay site), that the FBI has made an arrest related to the case. A man by the name of Timothy David Miller – it’s not known if he’s related to Lisa -- is accused of helping Lisa flee the country with Isabella to a beach house in Nicaragua. According to an FBI affidavit, now posted on our website, Miller is associated with Christian Aid Ministries, a missionary organization.

Miller has been charged with international parental kidnapping, and will appear in U.S. District Court for the District of Vermont in Burlington on April 25 at 9 a.m.

There’s not much information beyond these facts, although we do know that Janet is profoundly grateful for this development, and hopeful. “I’m grateful to everyone in law enforcement for working so hard on finding my daughter, as well as to my attorney, Sarah Star,” Janet said today. I know very little at this point, but I really hope that this means that Isabella is safe and well. I am looking forward to having my daughter home safe with me very soon.”

Sarah is an attorney in Middlebury, Vermont, who has represented Janet in her fight to maintain her relationship with Isabella, which has involved courts in Vermont and Virginia. She received an anonymous phone tip last year that Lisa and Isabella were in Nicaragua, at the home of a man named Philip Zodhiates, which she immediately reported to authorities. Sarah has been dogged in her efforts to help bring Isabella home.

“It is clear that the government has been working hard on this,” Star said today. “Janet is very pleased and we are both hopeful that this will be a step in the right direction of bringing Isabella home. At this point we need to let law enforcement do their work, and recognize that there are still steps to go.”

We hope those steps include the safe return of Isabella to the United States – soon.

GLAD has represented Janet at the appellate level in Vermont, while our colleagues Lambda Legal represented Janet at the appellate level in Virginia.

The Advocate’s Andrew Harmon has written a great piece on today’s development. We recommend it highly.

Know Your Rights: We’re Having a Baby - What Should We Know?

Film still from A Family Portrait screening May 8 as part of
the LGBT Parenting Program at the Boston LGBT Film Festival

GLAD is co-presenting a program on LGBT parenting at the Boston LGBT Film Festival May 8, in honor of Mother's Day. Read more about GLAD's work protecting LGBT parents and children on our website.

When lesbians and gay men have children through artificial insemination or surrogacy, there are often legal steps that should be taken to protect both the child and the parent(s).

Let’s first take the case of a single person. A lesbian who gives birth to a child through artificial insemination or a gay man who has a child through a surrogate who uses his sperm will be considered a legal parent because each is a biological parent of the child. Legal steps need to be taken to insure that neither the sperm donor nor surrogate have parental rights to the child.

If a same-sex couple in New England decides to have a child that they will raise together, there is an important difference between couples who have a legally recognized relationship (e.g. in Massachusetts—marriage, and in Connecticut, Vermont and New Hampshire—either marriage or a civil union) and those who do not.

Let’s first take the case of a couple who does not have a legally recognized relationship. In this case, only the biological parent will be listed on the birth certificate (again legal measures need to be taken to make sure that neither the sperm donor nor surrogate have the ability to claim parental rights). However, in the six New England states in most cases, there is a way to make the other member of the couple a legal parent, called second parent adoption.

Second parent adoption is a process where a legal parent gives permission for another person to be an equal legal parent. It ultimately requires that a judge determine that it is in the best interests of the child to have both of these people as legal parents. A second parent adoption puts both the biological parent and non-biological parent on equal legal footing as parents.

In Massachusetts, Connecticut, Vermont and Maine, either by statute or high court ruling, second parent adoptions are permitted. In Rhode Island, although there is no law or high court ruling, they are customarily granted by the family courts. In New Hampshire, only judges in certain counties have granted them—however, if the couple has a legally recognized relationship (i.e. marriage or civil union), New Hampshire allows a step-parent adoption.

If a couple is in a legally recognized relationship, then in the case of a lesbian couple when a child is born into the relationship, the presumption is that both are parents and both names should be entered onto the birth certificate. In the case with two gay men who are in a legal relationship, things are not as clear. Pre-birth orders that instruct that both names be put on the birth certificate are allowed in Massachusetts and Connecticut. However, in the other New England states, this does not seem to be the case. This is an area of the law that is in flux, and you should contact GLAD if you are having a child through surrogacy for the most up to date information.

So if a couple with a legally recognized relationship gets both of their names on the birth certificate, is there any need to also do a second parent adoption for the non-biological parent? The answer is a strong YES. The parentage on the birth certificate is based on the couple’s legal relationship. If the couple moves or travels out of state to a place that does not recognize the relationship, then there is a strong possibility that the parentage of the non-biological parent will not be respected. A second parent adoption results in a judge declaring that both people are legal parents. Court rulings of one state are generally respected by all other states, so a second parent adoption provides the best way to ensure the parentage of the non-biological parent.

If you are planning or have had a child, GLAD strongly recommends that you consult with an attorney about the various ways you can protect both the parent(s) and the child. In addition to second parent adoptions, you should have wills, durable powers of attorney, health directives and possibly other legal documents in place. GLAD’s Legal InfoLine can provide you with further information and attorney referrals by calling 800-455-GLAD (4523).