Greetings and Best Wishes for 2019.
In the thirty years that I have been practicing LGBT family law, I have seen so many changes, mostly positive. Last year was full of progress – and challenges. Here are a few highlights.
CHALLENGES
Today, the biggest legal, and cultural, threat to our families is the balancing of someone’s “sincerely held religious beliefs” with anti-discrimination laws. (Sadly, Texas has no state laws protecting LGBT folks.) After the state privatized foster/adoption agencies (giving the task to many religious-based organizations) it became perfectly legal for those agencies to discriminate against gay potential foster parents and not meet the needs of LGBT youth. Anyone wanting to adopt through Child Protective Services should find an agency that does not discriminate. Our office or Equality Texas can help with referrals.
We will see more legal news about religious exemption laws as the Masterpiece Cake Shop case works its way back to the U.S. Supreme Court. In Colorado, there are state anti-discrimination laws protecting gay people, but those rights must be balanced with the baker’s religious rights and his belief that gay marriage is wrong. Stay tuned!
PROGRESS
On a brighter note, five states now have laws that allow Voluntary Acknowledgement of Parentage, so both mothers can become legal – with a free form at the hospital. These moms will be protected in their home state, but the minute they step over the border, they are vulnerable, so the national LGBT organizations still advise obtaining an adoption order. The VAP laws are wonderful progress and remind me of many other legal advances that start in the liberal states, such as recognition of gay marriage.
Family law is controlled by state law and varies greatly from state to state. Changes are often made one case at a time, when issues are heard by a trial judge and then work their way through the appellate courts. There are, of course some bad cases, but there is also some good news coming from state supreme courts in places like Hawaii – and even Mississippi.
YOUR CHECKLIST FOR 2019
- Be sure both parents are legal parents. (a birth certificate with two moms is not enough).
- Be sure your legal documents are in order and readily available. I don’t write wills, but can make referrals. You can also find several FREE legal documents on my website under the “Resources” tab. https://www.suzannebryantlaw.com/
Even if you are married, print and complete these free documents. (A Medical Power of Attorney might be very handy in a situation where a health care professional refuses to recognize your marriage because of their religious beliefs…)
MORE INFORMATION
For more information about the changes in 2018, including books for kids, and studies that show our kids are quite ok when they are raised by gay parents, see
http://www.windycitymediagroup.com/lgbt/MOMBIAN-The-LGBTQ-parenting-year-in-review/65076.html
For more information about legal recognition of LGBT parents, see
http://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf
https://www.nbcnews.com/feature/nbc-out/same-sex-couples-new-path-legal-parenthood-n940081
Wishing you and your family a wonderful 2019,
Suzanne