Category Archives: Legislation & Policy

Legal advice for LGBTQ families post-election

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Legal advice for LGBTQ families post-election

The information in this post is also available as a PDF.

Most of us are worried about the future of our families, communities and country. Now more than ever we need our LGBTQ family community. Our Family Coalition remains a strong voice for LGBTQ caregivers in California and we will continue to advocate for the rights of our families.

What does this mean for parental rights?
We cannot say this enough: it is highly recommended that non-biological parents complete a second-parent adoption or parentage judgement. Being on the birth certificate or being married to the child’s biological and/or legal parent does not ensure parental rights. By completing a second-parent adoption the parental legal relationship is secured in states outside of California. We understand that this process can be expensive for working class families and encourage you to contact the National Center for Lesbian Rights for referrals to attorneys who may be able to offer pro bono services and/or reduced fees to those who may qualify.

What does this mean for trans parents?
The federal rights of transgender students and employees should remain secure as those are based on federal statutes and the U.S. Constitution. It is recommended to get your ID documents updated while choosing your gender marker is an option. This includes passport, state ID, social security.
What does this mean for healthcare?
While it is not yet clear what will happen with the Affordable Care Act, any changes will take time. Check to see where your insurance plan is from and if it is covered by the Affordable Care Act and if any LGBT provisions may be affected.

How will the election affect undocumented immigrant people & families?
We encourage folks to contact a legal services provider to be screened for any possible immigration options immediately. The Immigration Advocates Network maintains a national directory of more than 950 free or low-cost nonprofit immigration services providers in all 50 states. We are also collecting stories of LGBTQ immigrant families who may wish to support advocacy campaigns. Please email policy@ourfamily.org if interested in participating.

What does this mean for marriage rights?
It is highly unlikely that marriage equality will be overturned. The process would take years and include replacing several Supreme Court judges and working a case through the Supreme Court. It is also very unlikely that married couples would see their marriages overturned. The law has strong protections against valid marriages being invalidated by subsequent changes law. “For individuals who are not currently married but who may wish to marry in the future, it is also highly unlikely that the fundamental right of same-sex couples to marry will be challenged or that the Supreme Court would revisit its 2015 holding that same-sex couples have that fundamental right.” We highly recommend anyone who counters any problem with your marriage being fully respected to contact our partners at the National Center for Lesbian Rights.

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Our Family Coalition hosted a LGBTQ Family Post-Election Community Call on 12/8, answering questions from the community on LGBTQ family issues including marriage, adoption, immigration, and gender and name changes. A huge thanks to our amazing legal partners Chelsea E. HaleyNelson, partner at HaleyNelson & Heilbrun, LLP, Ora Prochovnick, Director of Clinical and Public Interest Law Programs and professor of law at John F. Kennedy University, and Charlie Spiegel, www.CharlesSpiegelLaw.com, for being present on the call.

Download an audio recording of the conference call here (unedited): MP3, WAV

OFC in-person LGBTQ Family Post-Election Family Forum
1/12 6-8pm, at Laurel Bookstore in Oakland
Our Family Coalition is hosting an in-person Post-Election LGBTQ Family Forum to discuss the potential impact of a Trump administration on LGBTQ families. Emily Doskow, Linda M. Scaparotti and Angela Bean, attorneys with decades of experience working with LGBTQ families and immigration issues, will be onsite to speak and answer your questions and concerns.

Share Your Family Building Stories – LGBTQ Family Visibility Project
Our Family Coalition and SprOUT Family are gathering voices of LGBTQ families in California to assist with support, education and advocacy in the upcoming year. Sharing your family’s story can help move hearts and minds. We welcome stories from LGBTQI parents and caregivers, prospective parents, donors, children of LGBTQI parents, siblings and extended families (PFLAGers). All stories will be edited in collaboration with you and featured on Our Family Coalition and SprOUT Family websites. Email policy@ourfamily.org if you want to share your family’s story to build support for LGBTQI families.

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The Equal Protection for All Families Act is one step closer to becoming the law!

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This Tuesday, the Senate Judiciary Committee voted to pass the Equal Protection for All Families Act (Assembly Bill 960). This important bill – authored by Assemblymember David Chiu and co-sponsored by Our Family Coalition, the National Center for Lesbian Rights, and Equality California – is expected to be voted on by the full Senate in two weeks and will continue to move towards the governor for signature. And we need YOU to make sure the Equal Protection for All Families Act becomes the law of the land.

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At present, California’s laws regarding assisted reproduction are outdated and fail to recognize the diverse ways that families are formed and to provide legal protection and security for parents and children alike. Unmarried parents who use assisted reproduction to conceive children in the privacy of their home are not recognized as the legal parents of their children. The new bill would update the current assisted reproduction laws in the state to ensure parents and their children are not at risk and do not have to jump through unnecessary legal hoops in order to secure what should be a basic right.

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  • Allow unmarried people using assisted reproduction to be fully recognized as parents on the same terms as married parents.

  • Remove the requirement that couples must involve a doctor when using assisted reproduction in order to ensure that the donor is not a parent.

  • Provide clear direction for how egg and known sperm donors should be treated under California law; protecting both parents and donors from very real concerns.

“This bill is about granting recognition and economic access to all prospective parents, ” says Renata Moreira, Our Family Coalition’s Acting Executive Director.” AB 960 is going to particularly benefit lower income LGBT parents who will be able to use more affordable methods of assisted reproduction, and still be protected under California law.” By failing to provide legal protections for these families, the state is failing both parents and children. All families deserve equitable protection and recognition under the eyes of the law.

As we continue to advocate for the passage of AB960, we call on you – LGBTQ parents who may have been affected by the current discriminatory legislation and may be ready to speak out. Personal stories and testimony have a powerful impact on lawmakers and can play a key part for the decision to pass the Equal Protection for All Families Act. Specifically, Our Family Coalition is looking to connect with:

  • Parents of any relationship recognition status who used home insemination, then had to terminate the donor’s rights and do a second parent adoption in order to be protected.

  • Unmarried or unregistered domestic partnered couples using assisted reproductive technology to conceive who had to adopt to protect their parental rights.

  • Potential donors who were afraid to support a friend or relative’s family formation due to the informality of the arrangement and the prohibitive costs of intervention by doctors or lawyers.

Do you recognize yourself or anyone you know in any of these descriptions?

Are you willing to share your story to help lawmakers make the right decision for families in California?

Please contact policy@ourfamily.org if you want to support for the Equal Protection for All Families Act and help shape the future of our families.

 

El Canto del Colibrí (The Song of the Hummingbird)

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by the Somos Familia Events Team
Somos Familia is an intergenerational community-based organization, and fiscal project of Our Family Coalition, that builds support for Latino LGBTQ youth in families and communities.

IMG_2281aWhen two moms of LGBTQ children from Somos Familia spoke to large Catholic congregation in 2008, we realized that our stories of family acceptance touch hearts and open minds. Since then, our stories have since traveled to schools, homes, and countless other community settings.

We share our stories as much as possible, because we know that family and community acceptance save lives and make life better. A recent survey revealed that family acceptance is the top problem facing Latino LGBTQ youth. Less than half of LGBTQ Latino youth say they have an adult in their family they can confide in if they feel worried or sad, compared to 81 percent of their non-LGBTQ Latino peers.

Somos Familia released Tres Gotas de Agua (Three Drops of Water), a short documentary featuring three Latina immigrant moms who love their LGBTQ children, in 2011. Their stories have since touched thousands of people in many parts of the world. Magdy Angel-Hurtado, a Somos Familia leader, says “The film Tres Gotas captured aspects of my own coming-out story and gave me hope and possibilities for my family. I could see the personal connection my mother was making when we watched it together.”

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While audiences expressed great appreciation for the moms in Tres Gotas, many asked “Where are the Dads?” In response, the film-makers embarked on their next venture: a film with Latino immigrant fathers of LGBTQ children. Since 2012, Marco Castro-Bojorquez, José Alfaro and Katie Cruz have dedicated their time and energies to making the film, titled El Canto del Colibrí (The Song of the Hummingbird), a reality.   

Much like the seldom-heard song of the hummingbird, the voices of Latino fathers are rarely heard in addressing LGBTQ issues. Magdy Angel-Hurtado says “It is often the mothers who support their children first. A film discussing the journey of acceptance of Latino fathers for their LGBTQ children is critical to encourage Latino fathers to begin these important conversations.” The film-makers cast a broad net and travelled to five different U.S. cities to film families. They encouraged the fathers to speak frankly about issues of immigration, faith, marriage equality, machismo, culture, and the process of their LGBTQ children coming out.

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El Canto del Colibrí was filmed in Spanish and will have English subtitles. At Somos Familia, we believe that the film will build bridges of hope and solidarity among our Latino fathers, their families, and communities. Jorge Hernandez, who appears in the film alongside his father, says “I was able to see my dad challenge himself and his own perceptions around sexuality. It made me realize that I am extremely fortunate to have the support that I have from my parents. A lot of my queer friends can’t even have a conversation with their parents without getting into an argument, but my dad was down to being filmed, which for me was a whole other level of support!”

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One motive behind the film is to challenge stereotypes. Director Marco Castro-Bojorquez says, “I wanted to dismantle the racist idea that Latino men are homophobic by nature and show that unconditional love changes hearts and minds in families and communities. These stories show that the resiliency of our LGBTQ children is stronger than any cultural biases and labels. When there is work on the relationship between father and child, Latino immigrant men are capable of being transformed.”

Somos Familia is thrilled to host the first-ever community screening of El Canto del Colibrí (see event details below). We are inviting families and other community members to come together experience the film, join in dialogue, and celebrate this groundbreaking achievement.

The event is hosted by Somos Familia and co-sponsored by Our Family Coalition, Brown Boi Project, Gay Straight Alliance Network, TRUCHA/Casa CHE at La Clinica de la Raza, the Oakland Public Library, Street Level Health Project, BAYCAT, and supported by grants from The California Endowment and Akonadi Foundation.

Event Details:
El Canto del Colibrí (Song of the Hummingbird): Community Screening, Dialogue & Celebration
Saturday, April 25th
81st Avenue Community Library, Oakland
1021 81st Avenue
Lunch will be served.

See Somos Familia’s Facebook Page for event information and updates.

It’s Time to Make Education FAIR

NARRATIVESAs a person of color that went through the ‘American’ K-12 education system, I felt that the social sciences we were taught did not accurately reflect the history of communities of color or any other marginalized groups–times minorities were mentioned were when we learned about exploitation, colonization, racism, etc. I never understood why inner city schools, such as the one I attended, taught history that was irrelevant to the demographic of the school—most being sons and daughters of low-income immigrant parents. Narratives of significant people and/or historical events were briefly told, if told at all. And of course, they were told through the colonizer’s point of view rather than by the colonized.

Once I got to college, I learned that there were classes that offered an alternative point-of-view to the history I had been taught. The content from these classes differed from what I had already learned in the sense that it presented me with relatable material and material that was more inclusive to the diversity that exists within the United States. Classes I took ranged from ethnic studies to gender and sexuality studies. I found it a bit problematic that I had to go out of my way to seek such courses rather than being presented with the information earlier in my education career; however, I am grateful to have had the privilege to access these resources that helped develop my consciousness and form my identity.

With just four years of getting out of the California’s K-12 public school system, I am excited to know that there are positive changes to the curriculums of public schools coming down the pipeline. In July 2011, Governor Jerry Brown signed into law Senate Bill 48—the Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act. It calls for the inclusion of people with disabilities and LGBTQ Americans’ important historical contributions to the economic, political, and social development of California.

Now in 2014, I was disappointed to see that the Instructional Quality Commission really did not fulfill the intent of the FAIR Act since their recommendations to the new social science framework are minimum to none.

In an attempt to align the History – Social Science Framework with the requirements of SB 48, Our Family Coalition (OFC) partnered up with Gay-Straight Alliance Network and the Committee on Lesbian, Gay, Bisexual, and Transgender History (CLBTH) to recommend revisions to the existing framework and submit those to the State Board of Education’s Instructional Quality Commission (IQC). The revised Framework calls for a transformational approach in which students understand concepts and issues from the perspectives of diverse groups of people.

Here are some recommended revisions by grade and theme that were brought up in the Making the Framework FAIR report that I support:

• Grade 2: LGBT families in the context of understanding family diversity as a contemporary and historical reality

• Grade 4: Central roles played by gender and sexuality in California’s history as a site of rich, contested, and changing diversity

• Grade 5: Variation over time, region, and culture in colonial American practices and laws with regard to gender and sexuality

• Grade 8: Fundamental transformations in gender and sexuality in conjunction with nineteenth-century urbanization and industrialization

• Grade 11: The evolution of modern LGBT communities and identities; twentieth-century persecution of sexual and gender minorities and the growth of the LGBT civil rights movement

The inclusion of the LGBT community in California’s K-12 public school curriculum is long overdue. The LGBT community represents a significant part of the history and social fabric of California, yet their presence in textbooks is nonexistent. I believe the absence of such communities in the early learning stages of youth can affect their perception of the LGBT community. It can be something that they do not see as ‘normal’ thus they may develop a sense of dominancy and begin harassing the community.

As we know, individual students feel safer at school when diversity issues are included in the curriculum; this is true for LGBT students and for their straight peers. Schools without inclusive curriculums see more cases of reported bullying. Maybe if I would have seen myself accurately represented in textbooks, I wouldn’t have to wait until college to truly understand my history and that of my peers.

its timeNow let’s hope that the inclusion of LGBT communities in history and social science classes actually helps students navigate the economic, political, and social development of California rather than just present students with a few token historical figures. It is time to call for a truly representative curriculum that does not exclude to contributions of great portions of our communities, including the LGBT community.

FOR MORE INFORMATION ON THE FAIR ACT IMPLEMENTATION AND PUBLIC COMMENTS THAT YOU CAN SUBMIT TO THE DEPARTMENT OF EDUCATION, PLEASE CLICK HERE.

By Isidro Manuel Lopez, communications/media intern at Our Family Coalition and broadcast & electronic communication arts student at San Francisco State University.

 

VICTORY: Governor Brown Signs the Modern Family Act!


Dear families and friends,

I am thrilled to share with you that the Modern Family Act (AB2344) is now the law!

Over the past twenty years California’s LGBTQ families have been gaining increased legal protections through the legislature and the courts. This victory shows the great impact that we can have when working united for laws that keep up with the evolving nature of our families. Your support is critical to our making change.

You may be asking what exactly the Modern Family Law means for our families. The law essentially does three things:

1. Establishes a statutory form that spells out the agreement between a donor and parents – much like the one that currently exists for wills – that may be used in the event of pregnancy achieved through sperm donations. The form would include  parenting rights and responsibilities, if any, for the donor. While we still advise that parents seek counsel, this form adds protections for all parties involved and will reduce future litigation on the issue.

2. Provides  clear specifications related to the financial responsibility of medical costs of the surrogate and the newborn.  This is important since some insurance coverage specifically excludes surrogacy.

3. Provides a streamlined adoption process for parents that meet these specified criteria and would waive associated fees.  This rectifies the inequity caused by states, unlike California, that do not accept birth certificates unless they include one female mother and one male father, forcing same-sex couples to go through an expensive and invasive step-parent adoption process to guarantee parental rights in other states.

I am elated knowing that the Modern Family Act will help build clarity in families that can help prevent non-biological parent from losing contact or custody of their child, in addition to removing the unnecessary financial and emotional cost that our families currently have to undertake to protect our kids across state lines.

We applaud Assemblymember Tom Ammiano for championing this bill in Sacramento, in collaboration with our many allies, and thank Governor Brown for signing the Modern Family Act. This bill is a big step in the right direction toward protecting families across California.

We need your help to build on two decades of work supporting and protecting families. Our Family Coalition is built on reciprocity, we cannot continue to exist and push for progressive policies without your generous support; please join our movement and make a donation today.

Please keep an eye out for more information about all the ways you can get involved with Our Family Coalition and help in the fight for equity and justice. We simply can’t do it without you.

Towards a new future for all of our families,

PS. In more exciting news that supports healthy schools and families, the Governor also just signed AB420 which prohibits suspending students in grades K-3 and prohibiting expulsion for willful disruption/defiance. We played a central role in advocating for this bill and will continue doing so with your support!

 

Groundbreaking Law Would Make It Easier For LGBT Couples To Start A Family

Gay couple Jeffrey Parsons (R) and Chris

Jeffrey Parsons and Chris Hietikko pose with their son Henry Hietikko-Parsons in the garden of their house. Henry was conceived by the couple via artificial insemination and a surrogate mother. | EMMANUEL DUNAND via Getty Images

When Judy Appel and her partner of 22 years, Alison Bernstein, wanted to have children, the state of California didn’t make it easy.

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Judy Appel, Alison Bernstein, and their children

Bernstein gave birth to their son using an anonymous sperm donor. But in order for Appel to gain legal custody of her child, she had to go through lengthy, complicated and costly measures to adopt him, which included allowing authorities into the family’s home multiple times for evaluations.

“It was really invasive,” Appel told The Huffington Post of the process. “They came into our home and studied it. It’s this extra legal hoop that, just by its nature, sends the message that our family isn’t equal.”

Appel and Bernstein’s son is now 16 years old, and much has changed in California since then. Gay marriage is now recognized under state law, and the adoption process for non-biological children of LGBT couples has become more streamlined. But certain counties in the state still require home visits as part of the adoption process. And if a same-sex couple with children moved to a state that didn’t recognize their marriage, the parents’ legal custody could be in jeopardy had no formal adoption taken place beforehand.

“In California, there’s the presumption that my wife is the parent of my child,” Appel said. “But elsewhere, that puts us at risk. What if a kid ends up in the hospital and one of the parents couldn’t visit?”

A new California bill aims to protect children from ending up in this kind of situation. Authored by Assemblyman Tom Ammiano (D-San Francisco) and dubbed the Modern Family Act, the first-of-its kind legislation would make adopting easier for LGBT couples in the state who want to start a family, providing legal protections from the moment formal planning begins. The measure would also benefit straight couples and single parents looking to conceive through alternative methods such as in vitro fertilization, sperm donation and surrogacy.

“The science behind having families has advanced more quickly than the laws,” Ammiano told HuffPost in a statement. “This bill is just an attempt to catch up with the realities and help these couples enjoy their modern families.”

themeasureThe measure, which passed the California Assembly by an overwhelming 60-2 majority earlier this week and now faces a vote in the state Senate before heading to the governor’s desk, includes multiple components. First, it would streamline the adoption process for same-sex parents, waiving typically required legal fees (which can range anywhere from $700 to thousands of dollars, according to Ammiano’s office) and protecting the family’s privacy by disallowing home visits and other invasive procedures.

“It will especially help for lower-income families in these situations,” Appel, who serves as the executive director of Our Family Coalition, a San Francisco-based advocacy group that supports LGBT parents and their families, noted. “This would provide security for kids across all economic levels.”

The bill would also apply to couples and individuals using what’s called a “known donor” to achieve pregnancy — in other words, using the sperm or egg of someone with whom they have a relationship, rather than an anonymous donor. Not only would the legislation require that all parties involved sign a statement of parental intention before any medical procedure take place, but it would also require would-be families using alternative reproduction technologies to explore their health insurance options in advance.

Alice Crisci, a government affairs liaison with California Cryobank, the country’s largest sperm donation bank, explained that using a known donor can sometimes lead to complicated legal situations. A donor or surrogate might seek custody of the child after he or she is born, for example, or the intended parents might go after the donor for child support. The Modern Family Act would eliminate any ambiguities at the onset.

“A lot of people use known donors because they want the donor to have a relationship with their child,” she said. “It’s really important that the law is as protective to all parties as possible.”

Crisci added that when legal issues arise after the fact, cases put pressure on California’s already-bloated family court system and impose significant financial burdens on everyone involved. “You can go broke defending your right to be a parent,” she said. “And it’s leaving the children vulnerable.”

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Renata Moreira, Lori Bilella, and their dog Pete

Renata Moreira, the policy and communications director at Our Family Coalition, married her wife, Lori Bilella, in San Francisco last year following the overturn of Prop 8, California’s ban on same-sex marriage. She and Bilella hope to start a family in the near future using Bilella’s egg and a known sperm donor. Moreira will then carry the pregnancy herself so that, as she explained to HuffPost, she and her wife both have the opportunity to bond emotionally with their unborn child.

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“The Modern Family Act will directly protect my intention to parent the child I will subsequently carry,” she said in a statement of support for the bill, adding to HuffPost that the legislation would “reduce the need for any future litigation in case something goes awry.”

Appel is quick to point out that the legislation reflects society’s evolving definition of what constitutes a family. “We’re in an age in which people create their families in different ways. This act allows for clear understandings going in, so we can create a loving environment for our kids,” she said. “It’s not to protect our rights, but to protect the security of our children.”

Originally posted on the Huffington Post