Utah Gay Couple Seeking Parenting Rights Joins Lawsuit Against State
SALT LAKE CITY (AP) — A federal judge's decision to overturn Utah's same-sex marriage ban allowed Matthew Barraza and Tony Milner to do more than just get married. It opened the door for Milner to become legally recognized as the parent of their 4-year-old son.
The couple moved quickly to get adoption paperwork started so that Jesse, their blue-eyed, cowboy-boot-wearing little boy, could have both of his parents recognized, not just Barraza. But those plans were frozen after the U.S. Supreme Court brought gay marriages to a halt and Utah Gov. Gary Herbert instructed state agencies to stop granting gay and lesbian couples new benefits.
Now, Barraza and Milner are among hundreds of newly married gay and lesbian couples in Utah stuck in legal limbo. The couple is one of four in a new lawsuit filed Tuesday by the American Civil Liberties Union suing Utah over its decision not to recognize the gay marriages, which the ACLU claims has created wrenching uncertainty.
The state's decision prevents the couples from getting key protections for themselves and their children, the lawsuit says.
"Heaven forbid, if something should happen to one us, Jesse would have the security of having the other parent take care of him," said Milner, 34. "Now, because of the state's refusal to recognize our marriage, this peace of mind is once again out of reach."
The other couples in the lawsuit cited a range of concerns that include emergency medical decision-making and health insurance.
Marty Carpenter, the Utah governor's spokesman, responded by saying that Herbert "has said throughout this process that his responsibility is to follow the law. That is exactly what the administration is doing, and we respect the rights of those who disagree to take their grievances before a judge."
More than 1,000 gay and lesbian couples rushed to marry after a federal judge in Utah overturned the state's same-sex marriage ban on Dec. 20. U.S. District Judge Robert Shelby ruled that the ban violates gay and lesbian couples' constitutional rights. Those weddings came to a halt on Jan. 6 when the U.S. Supreme Court granted Utah an emergency stay, something two lower courts denied.
After the Supreme Court issued the stay, Herbert told state agencies to hold off on moving forward with any new benefits for the couples until the courts resolve the issue. Agencies were told not to revoke anything already issued, such as a driver's license with a new name, but they are prohibited from approving any new marriages or benefits. More recently, the state tax commission announced that newly married gay and lesbian couples can jointly file their taxes for 2013.
The state made clear it was not ordering agencies to void the marriages, saying instead that validity of the marriages will ultimately be decided by the Denver-based 10th U.S. Circuit Court of Appeals, which is weighing an appeal from the state.
John Mejia, legal director for the ACLU in Utah, disagreed with that assessment, saying the marriages performed during the 17-day window when gay marriage was legal are valid no matter what the court rules. He said the couples have vested rights in their new unions and should be able to move forward with efforts to make partners legal guardians of children or add their spouses to their health insurance or pension plans.
By BRADY McCOMBS
The couple moved quickly to get adoption paperwork started so that Jesse, their blue-eyed, cowboy-boot-wearing little boy, could have both of his parents recognized, not just Barraza. But those plans were frozen after the U.S. Supreme Court brought gay marriages to a halt and Utah Gov. Gary Herbert instructed state agencies to stop granting gay and lesbian couples new benefits.
Now, Barraza and Milner are among hundreds of newly married gay and lesbian couples in Utah stuck in legal limbo. The couple is one of four in a new lawsuit filed Tuesday by the American Civil Liberties Union suing Utah over its decision not to recognize the gay marriages, which the ACLU claims has created wrenching uncertainty.
The state's decision prevents the couples from getting key protections for themselves and their children, the lawsuit says.
"Heaven forbid, if something should happen to one us, Jesse would have the security of having the other parent take care of him," said Milner, 34. "Now, because of the state's refusal to recognize our marriage, this peace of mind is once again out of reach."
The other couples in the lawsuit cited a range of concerns that include emergency medical decision-making and health insurance.
Marty Carpenter, the Utah governor's spokesman, responded by saying that Herbert "has said throughout this process that his responsibility is to follow the law. That is exactly what the administration is doing, and we respect the rights of those who disagree to take their grievances before a judge."
More than 1,000 gay and lesbian couples rushed to marry after a federal judge in Utah overturned the state's same-sex marriage ban on Dec. 20. U.S. District Judge Robert Shelby ruled that the ban violates gay and lesbian couples' constitutional rights. Those weddings came to a halt on Jan. 6 when the U.S. Supreme Court granted Utah an emergency stay, something two lower courts denied.
After the Supreme Court issued the stay, Herbert told state agencies to hold off on moving forward with any new benefits for the couples until the courts resolve the issue. Agencies were told not to revoke anything already issued, such as a driver's license with a new name, but they are prohibited from approving any new marriages or benefits. More recently, the state tax commission announced that newly married gay and lesbian couples can jointly file their taxes for 2013.
The state made clear it was not ordering agencies to void the marriages, saying instead that validity of the marriages will ultimately be decided by the Denver-based 10th U.S. Circuit Court of Appeals, which is weighing an appeal from the state.
John Mejia, legal director for the ACLU in Utah, disagreed with that assessment, saying the marriages performed during the 17-day window when gay marriage was legal are valid no matter what the court rules. He said the couples have vested rights in their new unions and should be able to move forward with efforts to make partners legal guardians of children or add their spouses to their health insurance or pension plans.
By BRADY McCOMBS
Alabama High School Un-Bans Same-Sex Prom Couples After Outcry
An Alabama high school that previously banned same-sex couples from attending prom has reversed its policy after an outcry from students.
Earlier this week, it came to light that Greenville High School had said it would allow only “traditional couples” –- meaning a male and a female –- to attend prom, according to local outlet WSFA-TV.
Interim Superintendent Amy Bryan abolished the anti-gay policy soon after she learned of its existence.
"An administrator issued a list of prom rules that included a discriminatory statement," she said, per WSFA. "No one lost their right to go anywhere. It's unfortunate it was in our rules, and all children will be welcome to the Junior-Senior Prom.
Gay student Sarah Smith spoke to WAKA-TV about the issuing of the rule. "There was actually a straight girl sitting beside me, and she was getting more mad than I was about it. So that made me feel pretty good to know that somebody was on our side," Smith said.
Smith helped bring the offensive policy to light via Facebook.
"Me and one of my friends, we actually got together and we actually wrote a post on Facebook and it just went from there. Today they [school administrators] lifted it [the ban], so we can pretty much take whoever we want to prom now, so we're all excited about that,” she told WAKA on Wednesday.
Over the course of the past few years there have been a slew of controversies surrounding schools' policies on prom couples. A group of residents in Sullivan, Ind., came under fire last year after proposing a “gay-free” prom that would take place outside of school. The local high school, on the other hand, allowed same-sex couples to attend the school's official prom.
"We are conservative around here. That's just the way of this town," Nancy Woodard, who lives in Sullivan, told The Associated Press at the time. "In any town in this county, you'll find four or five churches no matter how small the town. ... The Bible is a big belief system here."
By Rebecca Klein
Earlier this week, it came to light that Greenville High School had said it would allow only “traditional couples” –- meaning a male and a female –- to attend prom, according to local outlet WSFA-TV.
Interim Superintendent Amy Bryan abolished the anti-gay policy soon after she learned of its existence.
"An administrator issued a list of prom rules that included a discriminatory statement," she said, per WSFA. "No one lost their right to go anywhere. It's unfortunate it was in our rules, and all children will be welcome to the Junior-Senior Prom.
Gay student Sarah Smith spoke to WAKA-TV about the issuing of the rule. "There was actually a straight girl sitting beside me, and she was getting more mad than I was about it. So that made me feel pretty good to know that somebody was on our side," Smith said.
Smith helped bring the offensive policy to light via Facebook.
"Me and one of my friends, we actually got together and we actually wrote a post on Facebook and it just went from there. Today they [school administrators] lifted it [the ban], so we can pretty much take whoever we want to prom now, so we're all excited about that,” she told WAKA on Wednesday.
Over the course of the past few years there have been a slew of controversies surrounding schools' policies on prom couples. A group of residents in Sullivan, Ind., came under fire last year after proposing a “gay-free” prom that would take place outside of school. The local high school, on the other hand, allowed same-sex couples to attend the school's official prom.
"We are conservative around here. That's just the way of this town," Nancy Woodard, who lives in Sullivan, told The Associated Press at the time. "In any town in this county, you'll find four or five churches no matter how small the town. ... The Bible is a big belief system here."
By Rebecca Klein
Disney's 'Frozen' Slammed By Mormon Grandmother For 'Gay Agenda To Normalize Homosexuality'
"Frozen" has been charming critics and audiences all winter, but one conservative grandmother was less than taken by the Disney animated feature, which has grossed a reported $378.3 million domestically.
Kathryn Skaggs, author of the "A Well-Behaved Mormon Woman" blog, has penned a lengthy post blasting "Frozen" for what she described as the movie's "gay agenda to normalize homosexuality."
Exactly what about the smash film rankled Skaggs (who claims to have seen, and enjoyed, "Frozen" three times with her grandchildren) remains a mystery. Still, she points to the countless tribute and parody versions of the movie's Academy Award-nominated theme song, "Let It Go," and writes: I could blatantly see that the homosexual agenda, to normalize the practice, was not simply an underlying message in the movie "Frozen," but is the actual story.The process of normalizing homosexual behavior in society is going to require more than the liberal media saying it is so -- which they do all the time -- or activist judges legalizing same-sex marriage in one state after another. It's going to require the indoctrination of our children, in order to lead the their generation to the next, necessary, level of mainstream social acceptance. Skaggs, who says she is not anti-gay but believes that "acting on same-sex attraction is contrary to God's will," then added: I have no problem with those who find the homosexual messaging good, or important for society, from their perspective. However, I'm not okay that too many parents, who would not normally support the normalization of homosexual behavior, seem to be completely blind to its advocacy throughout a children's movie, and are in fact gushing over "Frozen."I just don't believe that with full disclosure they would feel to continue. And yet, I also acknowledge the beauty, used in every facet of the movie, which has captivated, or rather frozen audiences, everywhere. You can read her full blog post here. It isn't the first time that Disney has come under fire for what some perceive as the company's stance on the lesbian, gay, bisexual and transgender (LGBT) community. Last year, Walt Disney World's unofficial "Gay Days" tradition was slammed by One Million Moms, the conservative and notoriously anti-gay group best known for threatening to boycott JC Penney after the retail chain hired Ellen DeGeneres as its spokesperson.
The Florida Family Association has also reportedly condemned "Gay Days," vowing to fly two planes carrying "warning" banners over the Orlando-based resort for "promoting homosexuality to a captured audience" visiting the four theme parks.
by Curtis M. Wong
Kathryn Skaggs, author of the "A Well-Behaved Mormon Woman" blog, has penned a lengthy post blasting "Frozen" for what she described as the movie's "gay agenda to normalize homosexuality."
Exactly what about the smash film rankled Skaggs (who claims to have seen, and enjoyed, "Frozen" three times with her grandchildren) remains a mystery. Still, she points to the countless tribute and parody versions of the movie's Academy Award-nominated theme song, "Let It Go," and writes: I could blatantly see that the homosexual agenda, to normalize the practice, was not simply an underlying message in the movie "Frozen," but is the actual story.The process of normalizing homosexual behavior in society is going to require more than the liberal media saying it is so -- which they do all the time -- or activist judges legalizing same-sex marriage in one state after another. It's going to require the indoctrination of our children, in order to lead the their generation to the next, necessary, level of mainstream social acceptance. Skaggs, who says she is not anti-gay but believes that "acting on same-sex attraction is contrary to God's will," then added: I have no problem with those who find the homosexual messaging good, or important for society, from their perspective. However, I'm not okay that too many parents, who would not normally support the normalization of homosexual behavior, seem to be completely blind to its advocacy throughout a children's movie, and are in fact gushing over "Frozen."I just don't believe that with full disclosure they would feel to continue. And yet, I also acknowledge the beauty, used in every facet of the movie, which has captivated, or rather frozen audiences, everywhere. You can read her full blog post here. It isn't the first time that Disney has come under fire for what some perceive as the company's stance on the lesbian, gay, bisexual and transgender (LGBT) community. Last year, Walt Disney World's unofficial "Gay Days" tradition was slammed by One Million Moms, the conservative and notoriously anti-gay group best known for threatening to boycott JC Penney after the retail chain hired Ellen DeGeneres as its spokesperson.
The Florida Family Association has also reportedly condemned "Gay Days," vowing to fly two planes carrying "warning" banners over the Orlando-based resort for "promoting homosexuality to a captured audience" visiting the four theme parks.
by Curtis M. Wong