Rainbow bLAWg

Will Michigan be next to strike down a state ban on gay marriage in the new year? So far, federal judges in Utah and Oklahoma have struck down state bans saying they violate the U.S. Constitution’s promise of equal treatment under the law. Before overturning Michigan’s anti-gay amendment, U.S. District Judge Bernard Friedman said in October that he needed to hear from experts in February.

Judge Friedman is acting on a lawsuit filed by a Detroit lesbian couple who are raising three children. They filed the lawsuit in 2012 with the hopes of striking down a state law that bans same-sex partners from adopting each other’s children. Judge Friedman suggested that they take their case one step further and go after the gay marriage ban, which, if overturned, would overturn the adoption restriction as well.

“This is not the road we thought we’d go down,” Jayne Rowse said in an interview last October. “We thought Judge Friedman would rule one way or the other on second-parent adoption. No one anticipated this. It was out of left field.” Her partner, April DeBoer said the lawsuit was filed because they wanted to protect their three children

Rowse adopted two boys, and DeBoer adopted a girl. The couple, both nurses, adopted the children because they had special needs and/or could not be raised by their birth parents. Under current Michigan law, they can’t adopt each other’s kids because they aren’t married. If either woman died, the other would not be instantly recognized as the legal parent of the remaining children, even if she was nominated at the legal guardian in a Last Will or other supporting documents.

Attorney Dana Nessel, one of the attorneys representing Rowse and DeBoer in the case, has said that Michigan’s ban is one of the more strict bans in the nation because “it also prohibits domestic partnerships or civil unions” thus limiting gay couples in the state from achieving any kind of “legal recognition of their relationships.”
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There is hope that someday soon the state of Michigan will it’s grant LGBT residents the dignity of of having the right to marry the person they choose. Until then, LGBT couples living in Michigan (and most other states) remain without any legal protections whatsoever – unless they go to the effort and expense of getting specific legal documents, i.e., living will and medical power of attorney (to empower a partner to make medical decisions and have hospital visitation rights), last will and testaments and/or living trust (to leave property to a partner) and other supporting documents that empower a partner to make decisions about finances, burial and cremation and many other rights denied to same-sex partners who live in non-marriage equality states.

For the most part, couples who can afford these documents will get them. Many LGBT couples are struggling financially because of the economic downturn. For them, Rainbow Law’s state-specific will and trust packages provide an affordable alternative – and their free advance directives are available to any LGBT person who asks.

If you or anyone you know needs legal documents to empower and protect an LGBT relationship, you really ought to give Rainbow Law a try.

Like it or not, there is no better time than right now to take stock of your life and do what’s necessary to take care of your loved ones.

Here are ten things you ought to do a.s.a.p.:

ONE:

Try to think of something positive at least once a day every day. The economy sucks; it’s harder to get ahead at work and retirement funds have dwindled; and we worry about global climate change. But meantime time keeps passing and we aren’t getting any younger. Sometimes you just have to stop and remind yourself to appreciate something or someone in your life. Try to live each day as if it was your last, because one of these days, it will be.

TWO:

Make a list of goals and experiences you’d like to complete in your lifetime. The truth is that no matter how old (or young) you are, you just never know when you’re going to die. So to keep a list of things to do before your fateful end. Why not make this your “bucket list” and start enjoying it today not at some point down the road.

THREE:

Sign legal documents to protect yourself and your loved ones. In most states unmarried partners don’t have the authority to make health care decisions or manage money for each other. Estate planning should start earlier than you might imagine. If you have a young adult child who gets injured or becomes ill you might need a judge’s order before you have a right to act on your child’s behalf.

FOUR:

Provide for loved ones. Contrary to popular misconception, you don’t have to own a big house to have an estate. Your estate consists of everything you own when you die, including your home, personal property, investments, bank accounts, retirement plans and any interests in a family business or partnership.If you die without a will or living trust (“intestate,” in legalese), state law will determine how most of your belongings are distributed, and the result may not be what you would want. These laws establish a ranking of inheritors. Some newer laws say everything will go first to the spouse, then to children, parents and siblings – none to your partner.

FIVE:

Review beneficiary forms. Retirement accounts are distributed according to beneficiary designation forms filed with the bank or financial institution (the custodian) holding your account. With an IRA, you can readily name any beneficiaries you want, including friends, family members, a trust or charity. For a 401(k) or other workplace plan, you must get your spouse’s written permission to leave it to anyone else. To change a beneficiary–for example, if you recently got divorced or your spouse died–file an amended form. Make sure to name both primary and alternate beneficiaries. Do not name your estate as beneficiary; that could cause your heirs to lose important income tax benefits. (See “Inherited IRA Rules: What You Need To Know.”)

SIX:

Make sure you make arrangements to care for your pets. Line up someone who will be willing to care for them as you would do if you were alive. If you can, provide funds to pay for veterinarian visits, grooming and food for 5 to 8 years.

SEVEN:

Make a list of your tangible personal property and name the people you want to give each item to upon your death. This will make it less likely your loved ones will fight over your stuff.

EIGHT:

Try to spend a quiet moment of reflection for at least 10 minutes a day. If you believe in a higher power, pray. Otherwise just sit quietly and focus on your breathing.

NINE:

Keep a journal or diary of your daily activities, your dreams, your longings, memories and so on. Having your written thoughts and contemplations will make a wonderful memento.

TEN:

Tell friends and family that you love them. Some people don’t say this at all. Others don’t say it often enough. Don’t leave any room for doubt. For those left behind, there is no greater comfort.

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Unless your relationship is legally recognized, you and your partner are strangers to one another in the eyes of the law. Period. You may think the love and responsibilities you share with your partner are exactly the same as your heterosexual family and friends, but unfortunately, that isn’t the case — the law sees it another way.

So what does legally recognized mean? A marriage sanctioned by the law bestows concrete legal and tax benefits upon married couples. The moment a heterosexual couple – and LGBT couples living in marriage equality states – say “I do” they are eligible for more than 1,100 state and federal benefits, rights, protections, and responsibilities that are denied to same- sex couples whose relationships are not recognized in their home states.

Now that parts of the Federal Defense of Marriage Act (DOMA) have been ruled unconstitutional by the US Supreme Court, married same-sex couples who are able to access state benefits are now eligible to receive valuable federal rights and protections.

Unfortunately for married and unmarried same-sex couples, some corporate institutions, religious organizations, and even relatives, friends, and neighbors don’t always see committed gay and lesbian partners and their kids as a real nuclear family.

So what can LGBT life partners whose marriages don’t count (or those couples who just don’t want to get married) do to protect each other from the harsh realities of legal, institutional, and familial discrimination in the event of legal separation, mental or physical incapacity, or death? For now, non-married couples must create their own legal rights and protections using wills, advance directives, contracts, and more.

In a strange way, committed gay and lesbian couples are lucky in at least this way: Because the law often doesn’t recognize same-sex relationships, the need for planning should be more obvious to them. But everyone — married or not! — should have an estate plan.

For the most part, couples who can afford these documents will get them. Many LGBT couples are struggling financially because of the economic downturn. For them, Rainbow Law’s state-specific will and trust packages provide an affordable alternative – and their free advance directives are available to any LGBT person who asks.

If you or anyone you know needs legal documents to empower and protect an LGBT relationship, you really ought to give Rainbow Law a try.

Italian International Olympic Committee member Mario Pescante criticized the United States for including openly gay athletes in its official delegation for next month’s Sochi Olympics. In comments widely reported by Italian media he states, “it’s absurd that a country like that sends four lesbians to Russia just to demonstrate that in their country gay rights have (been established).” Pescante continues, “The games should not be an occasion and a stage to promote rights that sports supports daily.”

Although the Obama’s will not be attending the games, the president is sending three openly gay athletes – tennis legend Billie Jean King, figure skater Brian Boitano and hockey player Caitlin Cahow as delegates. It is believed that the delegates were selected in protest of the Russian law banning gay “propaganda.” This is also the first time since 2000, that the US delegation to the Olympics will not include a president, vice president or first lady.

While the Olympic Committee has said they have ‘received assurances’ that no gay athlete or tourist will be arrested during the Games, Russia has a slightly different point of view.

Vitaly Milonov, a deputy of the St. Petersburg Legislative Assembly who recently announced the opening of a human rights center to help the Serbian population in Kosovo, told journalists that the gay propaganda law will remain enforced, Meaning that Russia will officially ignore the human rights of LGBT athletes or tourists, who could be arrested, held for 15 days and even deported.

Billie Jean King, who made an appearance on the Colbert Report last week, talked about her role with the US delegation and whether she’ll protest at Sochi:

BILLIE JEAN KING: I probably won’t protest, but if the media asks me a question, I’m gonna answer it.

COLBERT: You’ll be breaking the law. If you say something positive about homosexuals or about homosexual rights you’ll be breaking the law. Technically you can be thrown into jail.

BILLIE JEAN KING: Well, I’ll take that chance, I guess.

You have to love Stephen Colbert:

COLBERT: Isn’t your mere existence propaganda for homosexuality because you make it look so good?

BILLIE JEAN KING: I hope so!

King on being chosen because she’s gay:

COLBERT: You’re not offended that you’re being chosen because you’re gay?

BILLIE JEAN KING: No, I’m proud of it, I LOVE it!

We wish Ms. King well on her trip to Russia, and hope she stays out of harms way. We know she’ll do us proud!

Another 10th Circuit Federal judge has ruled that a state’s constitutional amendment banning same-sex marriage violates the federal Constitution. The state of Oklahoma joins Utah in the latest gay-rights Bible Belt victory.

The state’s ban on marriage by gay and lesbian couples is “an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit,” wrote Judge Terence C. Kern of United States District Court for the Northern District of Oklahoma, in Tulsa. The amendment, he said, is based on “moral disapproval” and does not advance the state’s asserted interests in promoting heterosexual marriage or the welfare of children.

Because Utah and Oklahoma are both in the 10th Circuit and their cases are similar, their appeals could be heard together. Unlike the solitary district judges, such appeals are done by a panel of three judges whose mission is to decide whether or not the lower court erred in its decision. Eventually, the Supreme Court — even though it has notably steered clear of ruling on state-by-state variations — could weigh in, settling the matter of whether states can ban same-sex marriage once and for all.

Oklahoma Gov. Mary Fallin spoke out against the ruling, which she said defied the views of 75% of those who voted in favor of limiting marriage to a man and woman.

“I support the right of Oklahoma’s voters to govern themselves on this and other policy matters,” Fallin said. “I am disappointed in the judge’s ruling and troubled that the will of the people has once again been ignored by the federal government.”

It’s been a 9 year fight for the two lesbian couples who filed this case in 2004, the same year that Oklahoma citizens voted to put a ban on same-sex marriage in their state’s constitution. “We’re jubilant, we’re over the moon,” said one of the plaintiffs, Sharon Baldwin, 45, who has lived with her partner and co-plaintiff, Mary Bishop, 52, for 17 years. Both couples are saying that it was worth the long fight.

Unlike what occurred in Utah, Judge Kern said the court would not immediately enforce this ruling, issued an immediate stay of his own decision, therefore not opening the doors right away to marriages of gay and lesbian couples in Oklahoma. This means that no gay or lesbian couples will have their marriages put in the same legal limbo as couples in Utah, while they wait for a decision in a higher court.

Attendants of the Indiana House Judiciary Committee’s hearing on a same sex marriage ban burst into laughter on Monday when Jim Bopp claimed that opponents of the ban were “intolerant.”

Bopp, a notoriously conservative Indiana lawmaker who was forced out as Indiana’s representative to the Republican National Committee in 2012, said he was perplexed as to why opponents would be against a constitutional ban if same sex marriage was already illegal in Indiana.

“It can only be because [the existing ban is] vulnerable,” he said. “They want the option of getting what they actually want, which is to change the definition marriage. And the very vulnerability of a statute as opposed to a constitutional amendment affords them a greater opportunity to get that job done.”

“Even more troubling though was an argument made by one who said that the simple debate on the marriage amendment will do the damage,” Bopp added. “Well, what does that tell you? That there are some people that are so intolerant of other people’s views that a simple debate…”

The irony of that statement was just too much. The gallery burst out laughing.

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There is hope that someday soon the state of Indiana will it’s grant LGBT residents the dignity of of having the right to marry the person they choose. Until then, LGBT couples living in Indiana (and most other states) remain without any legal protections whatsoever – unless they go to the effort and expense of getting specific legal documents, i.e., living will and medical power of attorney (to empower a partner to make medical decisions and have hospital visitation rights), last will and testaments and/or living trust (to leave property to a partner) and other supporting documents that empower a partner to make decisions about finances, burial and cremation and many other rights denied to same-sex partners who live in non-marriage equality states.

For the most part, couples who can afford these documents will get them. Many LGBT couples are struggling financially because of the economic downturn. For them, Rainbow Law’s state-specific will and trust packages provide an affordable alternative – and their free advance directives are available to any LGBT person who asks.

If you or anyone you know needs legal documents to empower and protect an LGBT relationship, you really ought to give Rainbow Law a try.

As one of his first official acts in office, Virginia’s new Democratic governor, Terry McAuliffe has signed four executive orders. Executive Order #1 restores LGBT employment protection for state workers.

The protections that were in place for LGBT state employees under Democratic Governors Mark Warner and Tim Kaine, were eliminated under Republican Governor Bob McDonnell, and his homophobic attorney general Ken Cuccinelli (The Cooch), whom McAuliffe defeated to become governor. This is the first time however, such an order includes protections for gender identity and expression.

Despite losing a seat in the governor’s mansion to McAuliffe, Cuccinelli decided to use his final day at Attorney General to make a last stand against gay marriage, solidifying his legacy as one of the worst lawmakers for LGBT rights. It is interesting that Cuccinelli would hold so steadfast on an opinion that played such a large role in his loss in the governor’s race.

After signing the orders, Governor McAuliffe remarked:

“My administration is committed to keeping Virginia open and welcoming to all who call our commonwealth home. Executive Order Number 1 sets the tone for an administration that will not accept discrimination in any form, and one that will work tirelessly to ensure all Virginians have equal opportunity in the workplace, no matter their backgrounds, race, religion, or whom they love.”

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There is hope that someday soon the state of Virginia will it’s grant LGBT residents the dignity of of having the right to marry the person they choose. Until then, LGBT couples living in Virginia (and most other states) remain without any legal protections whatsoever – unless they go to the effort and expense of getting specific legal documents, i.e., living will and medical power of attorney (to empower a partner to make medical decisions and have hospital visitation rights), last will and testaments and/or living trust (to leave property to a partner) and other supporting documents that empower a partner to make decisions about finances, burial and cremation and many other rights denied to same-sex partners who live in non-marriage equality states.

For the most part, couples who can afford these documents will get them. Many LGBT couples are struggling financially because of the economic downturn. For them, Rainbow Law’s state-specific will and trust packages provide an affordable alternative – and their free advance directives are available to any LGBT person who asks.

If you or anyone you know needs legal documents to empower and protect an LGBT relationship, you really ought to give Rainbow Law a try.

Russia’s controversial “homosexual propaganda” legislation, banning the promotion of “non-traditional sexual relations” among minors, is broad. It means that, among other things, teachers cannot tell their students that gay and straight relationships are equal; parents cannot tell their children being LGBT is normal, and people cannot distribute pamphlets promoting gay rights.

It is not known how the law will affect sports stars, presenters and visitors at this year’s Winter Olympics. As a precaution, the The U.S. State Department has issued a travel advisory for citizens traveling to Russia for the games next month, including a specific warning that actions that violate the bizarre law could be used to fine, deport, or jail them. The law, signed by President Vladimir Putin last summer, prohibits any public displays of affection by same-sex couples and any public events related to LGBT people.

Early talk by activists of staging protests or wearing rainbow pins or waving rainbow flags at the Olympics was met with promises by the Russian government of tough enforcement of its laws. The State Department advisory notes that foreign citizens could be fined as much as $3,100, jailed for 14 days, and deported for violating the laws.

“The law makes it a crime to promote LGBT equality in public, but lacks concrete legal definitions for key terms,” notes the advisory. “Russian authorities have indicated a broad interpretation of what constitutes ‘LGBT propaganda,’ and provided vague guidance as to which actions will be interpreted by authorities as ‘LGBT propaganda.’”

They also warn American citizens to “avoid large crowds in areas that lack enhanced security measures” and to use caution “in any areas where protests, demonstrations, or other public disturbances are taking place,” since there is word that the “brutal” laws have led to an increase in homophobic violence, arrests, and the proliferation of vigilante groups in Russia who want to hunt out LGBT people. In a new documentary, Young and Gay in Putin’s Russia, LGBT Russians come together to warn the world that they do not feel safe.

The government sanction of discrimination has emboldened anti-gay groups. Over the weekend, the head of the Russian Orthodox Church suggested the Russian people vote on whether to re-criminalize homosexuality.

Tennis legend Billie Jean King, who was chosen as part of a 10-person delegation which will represent the United States, says President Barack Obama’s decision to send 3 openly gay athletes to the Winter Olympics conveys a powerful message to Russia.

“When we step off the plane we are part of America,” King said Thursday during an appearance on NBC’s TODAY show. “We are what an America looks like. So I think President Obama has done an amazing job on promoting diversity and inclusion. He has been the all-time president for doing that. And he’s showing the Russians, ‘Listen everybody belongs in the United States of America.’”

The Indiana House Judiciary Committee is deciding whether the state will go to the trouble and expense to pursue a state constitutional amendment to ban same-sex marriage.

The committee, whose membership includes state Reps. Thomas Washburne, R-Evansville, and Wendy McNamara, R-Mount Vernon, will weigh the language of the proposed ban, formerly known as House Joint Resolution 6 but filed this session as House Joint Resolution 3. The committee also will review a companion bill to the proposed amendment that Republican legislative leaders say explains its intent and helps clear up concerns over how the amendment will affect the state.

Supporters are hoping the companion bill will help reassure lawmakers who are concerned about the amendment’s second sentence, which also bans civil unions or other arrangements “substantially similar” to marriage.

The House Judiciary Committee may be opponents’ best chance to stop the amendment in the legislature. All four Democrats on the committee have opposed the amendment, with former Speaker Patrick Bauer (D-South Bend) announcing he’ll vote against it after casting a yes vote in 2011. Three of the nine Republicans would have to join them to kill the ban.

Two separately-elected General Assemblies must approve the amendment before it can go to a statewide referendum. If the same wording is passed this session, the amendment will go on the November ballot.

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There is hope that someday soon the state of Indiana will it’s grant LGBT residents the dignity of of having the right to marry the person they choose. Until then, LGBT couples living in Indiana (and most other states) remain without any legal protections whatsoever – unless they go to the effort and expense of getting specific legal documents, i.e., living will and medical power of attorney (to empower a partner to make medical decisions and have hospital visitation rights), last will and testaments and/or living trust (to leave property to a partner) and other supporting documents that empower a partner to make decisions about finances, burial and cremation and many other rights denied to same-sex partners who live in non-marriage equality states.

For the most part, couples who can afford these documents will get them. Many LGBT couples are struggling financially because of the economic downturn. For them, Rainbow Law’s state-specific will and trust packages provide an affordable alternative – and their free advance directives are available to any LGBT person who asks.

If you or anyone you know needs legal documents to empower and protect an LGBT relationship, you really ought to give Rainbow Law a try.

Virginia State Sen. Adam Ebbin, an Alexandria Democrat whose district includes parts of Arlington and Fairfax counties, has filed a resolution to begin the long process of repealing Virginia’s gay marriage ban. Ebbin, who is gay, believes that the tide is turning in Virginia. He cites progression toward marriage equality on the federal level and recent polling that indicates a majority of Virginians now support the idea.

The measure must pass both chambers of the General Assembly in two different sessions — and the law requires an election to be held between those sessions. If it survives all that, then the question goes before voters in 2016, which happens to be the 10th anniversary of the Marshall-Newman Amendment.

At the same time, a couple from Norfolk have a hearing before U.S. Judge Arenda L. Wright Allen on January 30th. Tim Bostic, an English professor at Old Dominion University, and Tony London, a former Navy sailor and real estate agent, have been together for 24 years. In a law suit filed in July, the couple asserted that Virginia’s constitution and other Virginia laws that prohibit gay marriage are in violation of federal constitutional provisions on equal protection and due process, making gays and lesbians “second class citizens.”

The American Foundation for Equal Rights (AFER) — one of the groups that pushed to overturn California’s gay marriage ban — is on the plaintiffs’ legal team. Ted Olson, the former solicitor general of the United States under President George W. Bush, is part of that team.

“We want our relationship to be recognized, just like everyone else’s,” says Bostic. “Further, it is important to us as Virginians to get married in a state we love.”

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There is hope that someday soon the state of Virginia will it’s grant LGBT residents the dignity of of having the right to marry the person they choose. Until then, LGBT couples living in Virginia (and most other states) remain without any legal protections whatsoever – unless they go to the effort and expense of getting specific legal documents, i.e., living will and medical power of attorney (to empower a partner to make medical decisions and have hospital visitation rights), last will and testaments and/or living trust (to leave property to a partner) and other supporting documents that empower a partner to make decisions about finances, burial and cremation and many other rights denied to same-sex partners who live in non-marriage equality states.

For the most part, couples who can afford these documents will get them. Many LGBT couples are struggling financially because of the economic downturn. For them, Rainbow Law’s state-specific will and trust packages provide an affordable alternative – and their free advance directives are available to any LGBT person who asks.

If you or anyone you know needs legal documents to empower and protect an LGBT relationship, you really ought to give Rainbow Law a try.