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Ruling Could Impact Lesbian IVF Couples
by The Associated Press

Posted: January 3, 2008 - 5:00 pm ET

(Harrisburg, Pennsylvania) The Pennsylvania Supreme Court has ruled that a woman who promised a sperm donor he would not have to pay child support cannot renege on the deal.

The 3-2 decision overturns lower court rulings under which Joel L. McKiernan had been paying up to $1,500 a month to support twin boys born in August 1994 to Ivonne V. Ferguson, his former girlfriend and co-worker.

"Where a would-be donor cannot trust that he is safe from a future support action, he will be considerably less likely to provide his sperm to a friend or acquaintance who asks, significantly limiting a would-be mother's reproductive prerogatives," Justice Max Baer wrote in the majority opinion issued last week.

Arthur Caplan, chairman of the Department of Medical Ethics at the University of Pennsylvania, said the decision runs counter to the pattern established by similar cases, where the interests of the progeny have generally been given great weight.

"It sounds like the Pennsylvania court is trying to push a little harder into the brave new world of sperm, egg and embryo donation as it's evolving," Caplan said.

McKiernan's lawyer, John W. Purcell Jr., said Wednesday an adverse decision against his client would have jeopardized the entire system of sperm donation.

"That wouldn't just include Pennsylvania, because we found out in the course of this trial that many doctors order their sperm for their artificial inseminations out of state," he said.

Ferguson and McKiernan met while working together at Pennsylvania Blue Shield in Harrisburg and had a sexual relationship that waned before Ferguson persuaded him to donate sperm for her.

Courts found that the two agreed McKiernan would not have to pay child support and would not have visitation rights, but Ferguson later changed her mind and sued.

A county judge said it was in the twins' best interests that McKiernan be required to support them. In addition to monthly payments, McKiernan also was ordered to come up with $66,000 in back support. The appeal reverses that order.

Elizabeth Hoffman, Ferguson's lawyer, did not immediately return a phone message seeking comment left at her office Wednesday.

Justice J. Michael Eakin, in a dissent, said a parent cannot bargain away a child's right to support. "The children point and say, 'That is our father. He should support us,'" Eakin wrote. "What are we to reply? 'No! He made a contract to conceive you through a clinic, so your father need not support you.' I find this unreasonable at best."

©365Gay.com 2008

 

 

 

NBJC Responds to
Obama/Donnie McClurkin Gospel Gay Controversy

 
H. Alexander Robinson
NBJC Executive Director & CEO

Over the weekend it was announced that U.S. presidential candidate, Sen. Barack Obama would participate in a gospel music tour titled "Embrace The Courage." 

The three city event is an aggressive outreach towards black voters in South Carolina, a pivotal state in the upcoming presidential primaries.

 

What is most shocking about this tour is the musical lineup which is headlined by the Rev. Donnie McClurkin, Mary Mary and Hezekiah Walker. Collectively these artists have spoken aggressively against the LGBT community without apology. 

We have a great deal of respect for Sen. Obama. He has good track record on LGBT issues, his willingness to take the lead on HIV/AIDS is significant and could represent a major boost to our efforts to combat the epidemic.

In fact, with the exception of his support for civil unions for gay and lesbian couples over full marriage equality we are aligned with him on the significant issues of the day. 

However, for Sen. Obama to align himself with publicly anti-gay individuals is both hurtful and disappointing.  Rev. Donnie Mclurkin once stated that he was at "war" with the LGBT community stating that: 

"The gloves are off and if there's going to be a war, there's going to be a war. But it will be a war with a purpose?.I'm not in the mood to play with those who are trying to kill our children."

The singing group Mary Mary during a Vibe Magazine interview stated that:

"They [Gays] have issues and need somebody to encourage them like everybody else - just like the murderer, just like the one full of pride, just like the prostitute?"

Finally, you should know that as of last night, we have been in touch with Obama's campaign and NJBC is patiently waiting on a response today. And I will be sure to keep you updated on the developments.

H. Alexander Robinson
Chief Executive Officer
National Black Justice Coalition

 

Lesbian riled by boot from ladies room


Khadijah Farmer

Khadijah Farmer was mistaken for a man in the ladies' room at Caliente Cab Co. and shoved out by a bouncer.


A masculine lesbian was kicked out of a Greenwich Village restaurant after a bouncer - who believed she was a man - saw her in the ladies' bathroom, the woman charged yesterday.

Khadijah Farmer said she felt humiliated by her experience at Caliente Cab Co. on Seventh Ave., which took place last Sunday shortly after the city's gay pride march.

"I felt violated ... to say the least," said Farmer, 27. "I really thought that especially in New York City, especially in the heart of the Village, things like this had stopped happening."

Farmer said she went into the popular Mexican restaurant with her girlfriend and another pal about 10:20 p.m.

The trio ate shrimp and nachos before Farmer, who is 5-feet-5 and has short hair, excused herself to go to the rest room.

Just as she was about to enter the bathroom, a woman walked out, flashed her a nasty look and said, "This is the women's bathroom," according to Farmer, who is an HIV counselor.

"I replied, 'I know that. Thank you. This is where I'm supposed to be,'" Farmer said, noting that she was wearing a yellow polo shirt, blue jeans and sneakers.

Moments later, a bouncer burst into the ladies room and began banging on her stall and yelling at her to leave, she said.

The bouncer refused to believe that Farmer was a woman even after she emerged from the stall and attempted to show him her driver's license, she said.

"He totally dismissed that," she said, adding that the bouncer told her "he wanted me out of his bathroom and restaurant."

Farmer was then led out of the restaurant - and her friends were made to pay the bill for their abbreviated meal, she said.

Michael Silverman, executive director of the Transgender Legal Defense & Education Fund, demanded that the restaurant compensate Farmer for violating her civil rights and adopt a policy banning discrimination.

A manager at the Caliente Cab Co. declined to comment.

"I'm comfortable with who I am," Farmer said. "I refuse to change. I don't do anything to accentuate any type of masculinity. I'm just me."

rschapiro@nydailynews.com

Gays often struggle at black colleges

published Monday, April 9, 2007
 
So lured was April Maxwell by the promise of the black college experience, with its distinct traditions and tight-knit campus life, that she enrolled at Hampton University in 2001 without even visiting the waterfront campus.

A lesbian who is open about her sexual orientation, she arrived eager to join the extended Hampton family.

Instead, ''I felt like I was the only gay person on campus -- it seemed like nobody was really out,'' said the now 24-year-old Maxwell.

She channeled her isolation into organizing a gay support group, but a panel of students and faculty denied it a charter. The panel recently denied a second attempt at chartering Students Promoting Equal Action and Knowledge, or SPEAK, headed by underclassmen after Maxwell graduated.

It's a tug-of-war that's emerging at other black schools, where students say outdated rules and homophobia block them from forming the gay campus voice common at majority white institutions.

At Hampton, where rules govern everything from overnight guests to student dress, officials insist they don't discriminate against gays. They say they're simply enforcing the regulations on student groups, and there just isn't space for another one.

But some students here see more than a conservative approach to the regulations. They, and many others at the nation's more than 100 historically black colleges and universities, say that a broader suspicion of homosexuality keeps gays in the shadows at these tradition-heavy schools.

"You've got to recognize the history of (historically black colleges and universities)," said Larry Curtis, vice president for student affairs at Norfolk State University, where students recently formed a gay-straight alliance. "Most of them were founded by religious organizations."

Church leaders are often cited as setting the tone regarding homosexuality across the black community.

Nationwide, black pastors have opposed same-sex marriage and shot down comparisons between the struggles for civil rights and gay rights; others have attacked "down low" bisexual men for contributing to the rising AIDS rates among black women, though the topic is a matter of debate in the public health community.

On historically black campuses, those tensions make life uncomfortable for gay students.

"It's kind of hard to be out on campus and still be successful," said Vincent Allen Jr., head of Safe Space at Atlanta's Morehouse College. "As an out gay man, if I wanted to pledge, that door is pretty much shut to me. That's just the way it is."

But just as gay students can rightfully request campus inclusion, so, too, can black college administrators deny it, argued the Rev. William Owens, a graduate of a historically black college and the head of the Coalition of African-American Pastors in Memphis, Tenn.

Those administrators may cite the Bible, or simply personal beliefs -- and they don't have to be politically correct, Owens said.

"They can say 'no' and I don't think they have to give a lot of reasons," said Owens, who joined other black pastors worried that, along with dismal marriage rates, socially accepted homosexuality "is a threat to the black family."

In 2002, the issue of gays on black campuses grabbed the attention of the Human Rights Campaign, an advocacy group that organizes annual ''coming out'' days.

"We would send out information to all the colleges and universities about getting national coming out packets, and for some reason the only institutions they were not hearing back from at all were the historically black colleges," said the group's diversity manager, Brandon Braud, who began calling campuses.

He learned of gay groups at two historically black schools -- Washington's Howard University, and Spelman College, in Atlanta.

Administrators elsewhere denied having gay students, or said that while gays attended, ''they're very underground,'' Braud said.

He later spoke to students alleging outright hostility. Some were required to find an adviser to form gay groups -- unrealistic on many small campuses, Nashville AIDS educator Dwayne Jenkins said.

Through his Brothers United Network, Jenkins mentored upstart groups at Tennessee State and Fisk universities

"Finding an adviser was always hard because nobody wanted to be associated with the gay-straight alliance -- it was the thinking that 'Oh, my God, are they going to think I'm gay?'" he said.

Formed mostly across the segregation-era South, historically black colleges emerged as academic training grounds and finishing schools for blacks entering white society.

The most esteemed schools earned a reputation for students with impeccable manners and clean-cut behavior.

"So much of our campus is focused on this ideal of 'the Hampton man' and 'the Hampton woman,'" said Michael, a transfer student and SPEAK member who, like the group's president, is closeted and refused to let his last name be printed. "Men walk women home -- traditional Southern values."

But students are changing.

The Gay, Lesbian and Straight Education Network counts more than 3,000 gay-straight alliances at American high schools. Those youth will apply to colleges that can ensure their safety and will provide support, said Kevin Rome, vice president for student services at Morehouse, where a student was beaten in 2002 for an alleged same-sex pass.

"Society is changing," Rome said. "Students aren't coming here experimenting with their sexuality, they're coming here knowing.

"Our schools have to accommodate. It's inevitable."

Gay students have enjoyed far greater visibility at Virginia's large majority-white institutions.

Virginia Tech's gay alliance group hosts support meetings and social outings. The University of Virginia recently hired a coordinator for its gay resource center, a hub for 2,000 gay students at the Charlottesville campus.

At historically black schools, change is gradual. Braud has nudged along groups at 20 schools through a special black college-aimed Human Rights Campaign program.

At state-supported institutions such as Norfolk State, Curtis said it's easier to prompt change because other state universities in Virginia already have gay support groups.

At private Hampton, April Maxwell said she knew lots of gays and found support among pockets of students, regardless of sexuality.

"The people who are in charge, I really don't think they're for it," Maxwell said.

But school officials say competition is stiff on campus, where a moratorium has limited the number of student groups to 90 -- and unchartered groups can't meet. New groups are chartered when other groups become inactive.

Only four spots were available during the 2006-07 school year. Forty-four organizations have applied for charters over the last two years, and 11 received them.

"No organization is given any type of special treatment," said Assistant Vice President for Student Affairs Barbara Inman. "The university doesn't have a position on gay and lesbian faculty and staff members." (Dionne Walker, AP)

Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

  

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