Gay Adoption Passes Final Hurdle in NSW

After the original narrow passage in the lower house of the New South Wales Parliament, it's been somewhat of a to and fro struggle, but the bill has now finally passed. New South Wales has joined ACT (Australian Capital Territory and Western Australia) in providing for adoption by same sex couples.

Typically, the difficulties concerned attempts to deal with religious objections. The original bill passed in the lower house only after an amendment to provide for some exemptions for religious bodies. In the Upper House, a conflicting amendment was passed to narrow the scope of those amendments, requiring that the bill return to the Lower House - then back to the upper house again.

A BILL giving same-sex couples the right to adopt has been passed by the NSW parliament, after the Legislative Council voted in support of a last-minute amendment to the legislation.

The bill passed its final hurdle in the upper house just after 6.30pm (AEST) today, after MPs backed the lower house amendment.

The amendment, made by Planning Minister Frank Sartor, frees up adoption agencies to act on the wishes of parents regarding where their children are adopted. It was made to temper changes made in the upper house on Wednesday night, which narrowed an exemption from the Anti-Discrimination Act for faith-based adoption agencies. MPs have been allowed a conscience vote on the historic legislation, leading to heated debate in both houses of the NSW parliament. NSW is now the third state or territory to allow same-sex adoption, after the ACT and Western Australia.

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Oz State Premier Stands Up To Cardinal Pell, Secures Gay Adoption for NSW.

Breaking news today is that the New South Wales state assembly has narrowly approved a bill to put LGBT and heterosexual couples on an equal footing for adoption procedures. There are still a few hurdles to clear before this becomes final, but (as far as I can tell), with this one, the biggest has now been cleared. This is big news for queer Catholics. The formidable Cardinal Pell made clear his strong opposition - but the equally strong support of the Catholic NSW Premier, Kristina Keneally, appears to have been decisive in providing just enough resistance.

Kristina Kenneally, Catholic and Advocate for Adoption Equality

The Turning (Conservative) Tide for Family Equality

One of the tragedies of the struggle for marriage equality has been the way the rightwing opposition has been able to portray this as a contest between the supporters of "marriage", and those bent on destroying the institution. This is clearly not so - the advocates for marriage and family equality are not wanting to destroy it, but to enlarge and strengthen it by bringing more couples and families under its legal protections. The opponents, on the other hand, who have insisted on a narrow and rigid, relatively modern interpretation which they insist on terming "traditional" marriage in total contradiction of all historical evidence, who who have re-interpreted and distorted it - and largely destroyed it themselves, with high rates of divorce and teen pregnancy. (Both of these rates are highest in the states most strongly opposed to marriage and family equality.)

Times, however, are changing. For some time, there have been signs that opposition to gay marriage is no longer the magic GOP vote winner that it once was. Earlier this year, the NOM poured big money into Republican Iowa primary races in support of state level candidates who promised to overturn last year's court judgement in favour of marriage - and they lost heavily. (In the same primaries, tea party candidates who steered clear of the marriage issue did well). More recently, in the wake of Judge Walker's judgement overturning the Prop 8 win against marriage, it was notable how Republican politicians were carefully avoiding notable comment.

The stance of the tea party is instructive, as it highlights one of the reasons conservative voices are now starting to speak up in favour of same sex marriage (or, more accurately, against laws to prevent it.) This is the libertarian belief that good government is limited government - and one of the areas where government should be just about entirely absent, is in the privacy of our bedrooms and families, especially at a time when there are urgent matters of jobs and the economy requiring attention. This was explicitly the argument used by Glen Beck last month, when he said

Some Albatross Same- sex Parents

A key part of the argument against homoerotic relationships, fundamental to the Catholic Magisterium, to the religious opposition more generally, and to the supporters of so-called “traditional” marriage, is that same sex relationships are somehow “unnatural”, “against natural law”. This claim is entirely without foundation. What these groups have in common, apart from their conclusion, is a total disregard for the evidence.  Some research into the Laysan albatross neatly illustrates this.  The disregard of the need for evidence does not only apply to claims for natural law: exactly the same charge can be made against Vatican claims that "homosexuals" are motivated solely by  -indulgence, and that homosexual "acts" lead one away from God - claims that likewise do not stand up to scrutiny. For now, though, I am concerned only about the problem as it applies to the argument from natural law

All albatrosses are large birds nesting in isolated colonies free from natural predators, which makes them easy to study (the birds are trusting and allow researchers to get up real close and personal). Much of their behaviour is well-known. For instance, in one colony at Kaena Point, Hawaii, there are about 120 breeding pairs, who gather for mating every November. They form long-term partnerships, and after copulation, lay a single egg, which they incubate in shifts, taking turns to leave the nests for weeks at a time to feed at sea. They form long-lasting, often life- long pairs, and were praised by former US first lady Laura Bush for their commitment to each other, and the example they offered as icons of monogamy. The obvious assumption that these monogamous pairs represent one male and one female in a neat nuclear family, though, turns out to be false. One third of the pairs are female couples, some of whom had nested together every year since right back to the start of data collection – 19 years.

Ornithologist Lindsay C Young  has been studying this albatross colony since 2003, as part of her doctoral dissertation.  She says that the discovery of so many female pairs forced her to question assumptions she didn’t even know she was making.  This in itself was something of a breakthrough: observations of same sex behaviour or relationships in the animal world are not new, but too often in the past, biologists have simply ignored them, or attempted to explain these observations as aberrations.

Joan Roughgarden quotes one notable scholar who claimed in 2000, at the end of a long and distinguished career,  that  “When animals have access to members of the the opposite sex, homosexuality is virtually unknown in nature, with some rare exceptions in primates”.

But just the previous year, Bruce Bagemihl had published a book reviewing published academic research into over three hundred vertebrate species which engage in same-sex courtship and genital contact. In some of these, homosexual activity is even more frequent than heterosexual intercourse.

The Social Value of Gay Marriage

The standard pseudo-religious argument against same-sex marriage is that "conventional" marriage between a man and a woman offers value to society that same sex marriage does not. Quite the most impressive counter to that argument, written by a straight woman, is "Why Gay Marriage is Good For Everyone" which I found at "Casaubon's Book "on Science Blogs.

In Wisconsin last week, a court ruled that a lesbian mother who had been a stay-at-home mom to raise two adopted children with her partner, had no status as parent because only the other mother could be recognised in law as an adoptive parent. ("In Wisconsin, Not All Parents Are Equal"). It is to find ways around complicated legal difficulties such as these that so many queer families are forced into complex, sometimes imaginative, legal solutions of their own.

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Introducing her piece, Casaubon writes about two Washington men who fell in love during WWII, and finally wed after a "62 -year engagement". ("Wow, What A Long Engagement That Was") But this is not just a cosy, feel-good romantic tale - although it is that, too. Along the way, as these two men aged after decades sharing their lives, they realized that in the absence of  the legal protections offered by marriage, they would need a plan of their own - so they settled on adoption!

When Henry was 69, he legally adopted Bob, who was 70. It gave them legal protections, offered an advantageous inheritance tax rate and made the pair into a family.

Adoption Vote in New South Wales

Marriage and adoption equality have not yet become big political issues in Australia as they have in the US, but that is beginning to change, with increasing public pressure and clear support from the small Green party. On adoption however, their could soon be progress in the state of New South Wales.Independent MP Clover Moore has introduced a bill approving adoption, and Premier Kristina Keneally has specified that she will permit legislators a vote on"conscience", removing the issue from control by party whips. Opposition Leader Barry O'Farrell is also allowing a conscience vote for the same reason.

The prospects for success look good:

In a parliamentary inquiry conducted last year, a majority found that the Adoption Act should be amended to allow gay couples to adopt. Faith-based adoption agencies would still have the right to exclude prospective parents who are gay, so long as they refer them to an agency which will assist.

This follows the lead of Western Australia and the ACT which already give gay couples equal access to the adoption process. Even in Tasmania gay couples can adopt a child related to one of them. In every state gay couples can foster.

The bill will be debated in late August. Watch this space.

What is interesting to me in this is that in addition to support from the two party leaders, children's charity Barnardo's is also supporting the move, and for the same reason, "the interests of the child". (In this, they are following numerous other children's charities in the US and UK, who have also argued that children's interests are best served by opening adoption to applications from gay men and lesbians.

In their commentary on the move, the Sydney Morning Herald has the headline, "Thinking men and women need clear conscience on gay adoption". More than clear consciences are required - clear thinking is also wanted.

In all the struggles for adoption rights, nobody has ever argued for the "right" of all gay men and lesbians to adopt: only for a right to be considered as eligible. In every adoption, prospective parents are carefully vetted for their personal suitability, both in general, and each particular child. To argue that all gay men and lesbians are unsuitable purely on the grounds of orientation is as ludicrous as it is to argue that all heterosexual couples are suitable merely because they include both a Mom and a Dad. It is self-evident that at least some heterosexual couples are not suitable - which is why many of the children are up for adoption in the first case. It is reasonable to assume that at least some same sex couples are eminently suitable, on the basis of the quality of the love and he care that they are able to provide. Research based evidence, in study after study, has shown much more: that as a group, same sex couples are able to provide care at least as good as opposite sex couples. In some respects, some studies have even suggested that they do better. This is why Barnardo's, and several other agencies, are clear that they support applications from gay and lesbian families.

The "interests of the child" demand that to provide the best possible parents, the pool of eligible applicants should be selected as widely as possible. Then let the personal characteristics of the applicants be the deciding factor, not an arbitrary demographic.

In arguing that the interests of the child demands two opposite sex parents, the Catholic church, and church adoption agencies, are ignoring the evidence of research, of the demands of reason, and even of their own practice - many church agencies will approve single parents. They are not in fact arguing for the interests of the child, but only the interest of defending their own misguided doctrines.

Argentina Leads the Way on Queer Families

http://edition.cnn.com/2010/WORLD/americas/05/18/gay.argentina.seniors/

'Open Door' spells freedom for gay senior citizens

Buenos Aires, Argentina (CNN) -- Despite what has traditionally been regarded as a macho culture, Argentina has been viewed in recent years as a leader on gay rights issues in Latin America.

In 2002, Buenos Aires was the first Latin American city to grant civil unions to gay couples, and the capital is consistently ranked as one of the world's most gay-friendly tourist destinations.

During the last six months, five gay couples have been married in Argentina, which is a predominately Catholic country.

The upper house of Congress is set to begin debating Tuesday the legalization of same-sex marriage in the entire country. The initiative passed the lower house May 6.

During the past year Argentina has also taken steps to assist an often overlooked sector of the world's gay population: senior citizens.

Situated behind the tall, wooden doors of a century-old building in Buenos Aires, the Puerta Abierta ("Open Door") center is Latin America's first community center for gay senior citizens.

Since opening its doors in September 2009, some 120 gay seniors have participated in the center's activities, from movie outings and beach trips to therapy sessions.

On a recent Monday afternoon, 64-year-old political consultant Mercedes Sanchez was there to attend a group counseling session.

Sanchez says she had two serious relationships with men before acknowledging her true sexual identity. She has been living her life openly as a lesbian for more than three decades, but admits she never told her parents before they died.

"Back in that era, Argentine society was much different," Sanchez says. "My parents thought differently. It was hard for me to admit that I was different. But coming here and being with other people like me has helped me tremendously."

Despite the support that the center offers them, Argentina's gay retirees still say they face many obstacles and experience discrimination. Some of the Open Door center members say they lived much of their lives in conventional, heterosexual marriages, and only came out of the closest later in life. Many have struggled during the transition period.

"What we hear most from gay seniors is how they feel lonely and isolated," says Alejandro Viedma, a psychologist who counsels Open Door's members. "For young gay people, there are lots of possibilities for meeting people, like bars, saunas and cafés. But for older people, it is really more difficult."

Norma Castillo,68, and her longtime partner, Ramona Arevalo, 68, became Argentina's first legally-married lesbian couple on April 9. However, a week after the wedding, a judge annulled their marriage. Now the courts need to decide if their union is legally binding. Castillo is convinced it is.

"We didn't fight for this in vain," Castillo says. "This was like a calling. Since we started, we've always had the rights of gay senior citizens in mind.

Aside from Castillo's and Arevalo's marriage, judges have allowed four other same-sex marriages since December, although at least two of them also face legal challenges and are tied up in the courts.

Regardless, gay activists are optimistic that momentum will continue in their favor. They are lobbying lawmakers to pass the historic gay marriage legislation, and also plan to fight for additional rights, like adoption.

"We are slowly achieving change here, and this is inevitable, because the world is changing," says Open Door co-founder Graciela Balestra.

"Fortunately, we get to be the protagonists in these historic changes."

Queer Families' Challenge for Catholic Church.

Catholic Church Must Learn to Deal With Children of Gay Parents.

Last month, there was a brief flurry of outrage when a Boulder Catholic school, under pressure from the parish priest and the local bishop, told a couple of lesbian parents that their children were no longer welcome, and should look for another school elsewhere.  Like so many news stories, this one has died down, and for all the full, has been all but forgotten,except for those directly affected.  Meanwhile, an Arkansas judge this week ruled that a state ban on adoption which voters approved in November 2008 was invalid; a series of court rulings in Florida have approved three specific applications for adoption by gay parents, in spite of the state's constitutional ban; and in Argentina, the Lower House of parliament will soon be considering legislation to approve both gay marriage and gay adoption. What the stories from Boulder completely overlooked, is how very many children are already in Catholic schools.  That number is sure to rise, as increasing public acceptance around the world encourages more Catholic couples to declare their relationships openly, and as some of those in turn seek to adopt, or to retain custody of their own children. A good proportion of these, like any other Catholic couple, will seek to have their offspring  educated in Catholic schools.

Gay Parents, Gay Pride Paris 2007

This is not new.  One of the parents who were interviewed by National Catholic Reporter for their series on responses to the exclusion, says that she was herself raised by lesbian mothers, but was educated in a Catholic school without any problems being raised.  That was a generation ago. There are assuredly many more such children in Catholic schools today.

Adoption ban overturned

Arkansas gay couples are now free to adopt - ban overturned.

In November 2008, in the same election that saw California and Florida voters reject marriage equality, Arkansas voters approved a proposal to ban adoption by gay and lesbian couples.  That ban has now been overturned by a state court.

From the Advocate:

A circuit court judge in Arkansas’s Pulaski County has overturned the statewide ban on unmarried couples living together—including same-sex couples — adopting or fostering children.

Act 1, which was approved by voters in 2008, was challenged by the American Civil Liberties Union on behalf of several families.

“As of now, gay and unmarried couples are able to apply to adopt or foster children [in Arkansas],” says Christine Sun, the lead attorney for the plaintiffs and member of the ACLU’s LGBT project. “We’re encouraging the plaintiffs to begin that process.”

-(Read the full report)

Equality in Argentina

Argentina Lower House to Debate Equality Bill

While the courts of Argentina continue to bat back and forth the legality of same sex marriage, the question of adoption and marriage equality is about to be taken seriously in the Argentinian parliament. A rather confusing report from Buenoe Aires Herald has a headline that refers to a gay "adoption" bill, while the text refers to a "marriage" bill. I suspect the truth is that this is best thought of as an equality bill, which will guarantee both marriage and adoption rights, and by providing for legal protection of our families, will directly protect the children.  

(UPDATE: It is now clear from brief references in other reports that the bill which has been proposed covers both marriage and adoption. The proposed bill has been cleared by the relevant judicial committee for introduction to the parliamentary lower house.)

From Buenos Aires Herald:

Lawmaker Vilma Ibarra said the Lower House is ready to "debate equality" and prove "there's no sense in stripping certain citizens of their rights because of their sexual orientation." She also stressed that "there's gay couples who are currently already adopting."

"The Gay Marriage bill doesn't intend to debate homosexuality, but equality, since Argentina is a constitutional state in which everyone is equal under the law," she explained.

Ibarra said that "we live in a plural society. Everyone gets to choose how to live and who to share their lives with, their religion and the state must inject plurality into the Argentine society and makes all equal."

The lawmaker explained that the current Adoption Bill allows for heterosexual couples and single parents to adopt, hence there's already many gay men and women who have adopted children.

"Homosexual people adopt children all the time, we're not changing anything, only regulating something that already exists. When gay parents decide to adopt, only one person signs up as foster parent, but both of them raise their child," she stressed.

-(Read the full report)