Tag Archives: family equality

Another Red State Victory for Queer Families

Step by step, queer families are seeing moves to full recognition, even in American red states (and in church). The latest in victory in Idaho follows court decisions in Utah and Oklahoma to strike down the states’ constitutional ban on gay marriage, and the decision by Nevada’s Republican governor not to defend his state’s ban. A challenge to the gay marriage ban in Texas is in court this week, and court challenges under way in a further 19 states.
There is progress too in many churches, including the Catholics: Diarmuid Martin, Archbishop of Dublin, is just the latest in an expanding list of senior bishops who have opposed full marriage equality, but suggested civil unions as an alternative.
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Idaho’s top court grants adoptive rights to spouse in gay marriage 

Idaho’s top court on Monday ruled that state law allows a woman to adopt the children of her same-sex spouse, in a precedent-setting victory for gay couples in a socially conservative U.S. state that has banned the unions.
idaho rainbow
The ruling stems from an adoption petition filed last year by an Idaho woman shortly after her marriage in California to her same-sex partner, the parent of boys ages 12 and 15, legal records showed.
The woman, unidentified in court documents on confidentiality grounds related to adoption, sought to share parental rights with her long-term partner. She appealed a magistrate judge’s rejection of her petition.
The Idaho Supreme Court, in a unanimous decision reversing the lower court’s ruling, said a person’s gender or sexual orientation was not part of the legal criteria that allowed a minor to be adopted by an in-state adult resident.
“Any adult person” is defined as any human being over the age of 18 and “cannot possibly be construed to mean ‘any married adult person’ as the magistrate ultimately determined,” Idaho Supreme Court Justice Jim Jones wrote for the court.
– continue reading at  Reuters.
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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

Perhaps it was the full-fledged backing given to the Bill by New South Wales Premier Kristina Keneally, a devout Catholic, which took the wind out of the sails of opponents. “In forming my position on this Bill, I have considered my experiences as a mother, my responsibilities as a parliamentarian and my conscience as a Christian and member of the Catholic faith,” she told lawmakers. Instead of proving divisive, it served to unite New South Wales’s main political outfits with Opposition Liberal Party leader Barry O’Farrell also voting in its favor.

This is an important reminder to all of us that the “Catholic Church” is far more than the bishops and cardinals who claim to speak for us. They are fully entitled to speak on behalf of the Vatican and Vatican doctrine – but when they claim to speak on behalf of “the church”, research evidence consistently shows that they deceive. On numerous issues of sexual ethics, ministry, and papal authority, the evidence is that right across the globe, most Catholics simply do not agree with orthodox Vatican doctrine.

This decision is also important as another indicator of an Australian paradox. In the global march to family equality, Australia stands out as an oddity. Although surveys have shown that a strong majority of Australians support full marriage and adoption rights for same sex couples, there is still no national provision for either, and both of the major political parties opposed full equality during the recent election campaign. Below the surface, however, there have been increasing signs of a gathering groundswell of support that could soon force the issue. The election result, which produced a hung parliament with increased influence for independents and a stronger Green Party, may show the major parties how mistaken they were – and may pave the way for a major rethink. It is significant that the NSW result came after a “conscience” vote in the assembly (that is, members were permitted by their whips to take their own decisions, rather than following a party line). It is believed that a conscience vote on marriage in the national parliament could attract significant support.
Meanwhile, even as Canberra dithers, there are regular advances at state level, with the adoption decision in New South Wales just the latest of several.   Earlier this week the Tasmanian lower house voted to recognise same sex marriages conducted elsewhere, which means that Tasmanian couples will be able to secure secure legally recognised marriage easily enough – provided only that they are willing to travel abroad for the wedding. (Several countries which currently recognise marriage equality do not have residency requirements. Nepal could soon be another.)
Gay adoption is already recognised in Western Australia and the Australian Capital Territory, which is also the only state to conduct formal civil partnerships. (New South Wales and Victoria maintain less formal domestic partnership registers, which makes it easier for same sex couples to achieve the de facto recognition that in principle they are entitled to – but which in practice can be difficult without suitable documentary evidence of the relationship.)
Each separate move at state level inevitably leaves the population that much more accustomed to the idea of family equality, and queer families increasingly visible as ordinary members of society, deserving equal treatment before the law, just like everyone else. Each advance bring the next one closer, eroding still further the resistance. Even before the vote in last month’s election, the Greens were promising to introduce a bill to provide for national gay marriage. When they do, they and the newly influential independents in the hung parliament will aim to secure a conscience vote. I suspect that even if they get one, it is unlikely that gay marriage will pass just yet. However, it is clear that Labour at least lost votes as a result of their stand against equality. The coming vote on a Green bill for marriage equality will not be the last. Sooner or later (and probably the former), the politicians will realise they are on the wrong side of history, and stand up for justice.
Cardinal Pell will soon have a lot more to worry about than adoption equality in one more Australian state.

Argentina, Gay Marriage: Priest Barred From Celebrating Mass

In Argentina, the Senate is debating a law to approve full equality for all families. A priest who has openly declared support for the law has now been barred by the bishops from celebrating Mass.

I suppose this is not a surprise. The Catholic bishops have been fierce in their opposition to marriage equality in Argentina, encouraging major protests yesterday to protest the proposal, while Fr José Nicolás Alessio hit the news earlier as spokesman for a group of priests declaring public support for it. What is noteable in the latest twist, is Fr Alessio’s stated reasoning, and his determination to meet his commitments to the community by defying the bishops, and saying Mass regardless.

I was always taught in Catholic schools that there could be no obligation to obey unjust laws or commands. Catholic teaching is clear that where a decision is determined in good conscience, it must take precedence over external authority. Fr Alessio’s position is a sound, very Catholic one – but I don’t suppose the bishops will see it quite like that.

Meanwhile, if I have correctly interpreted the somewhat garbled English in a separate report from Momento24, it would appear that the Senate have rejected a compromise proposal for civil unions. This means that the only proposal which will now be debated (probably tomorrow) will be the proposal for full family equality. In that basis, I guess it looks likely to pass.

From Momento24:

Priest José Nicolás Alessio was sanctioned by the Archbishop of Cordoba due to his position in favor of gay marriage.

The sanctions consist of the prohibition on offering Mass and weddings. “I am surprised and very hurt because I never thought that the Bishop of Cordoba (Carlos Náñez), who appeared more open to the position of the Argentine bishop in these prohibitions, cut off heads who think differently,” Alessio said. “I have commitments to my community. I believe more in the Gospel that in these canonical codes, so this weekend I will celebrate Mass, unless they put me prisoner, “the priest added. Alessio works in the parish of San Cayetano and is willing to challenge the sanction even if “he can make another ‘crime’ when it celebrates Mass, because the first was by thinking differently and the second will be for being faithful to my community.”