Wednesday, April 28, 2010

SESSÃO HISTÓRICA

28 de abril de 2010 | N° 16319Alerta

SESSÃO HISTÓRICA

STJ permite adoção por casal gay

Decisão unânime cria precedente para que casais homossexuais adotem filhos em conjunto Luciana Reis Maidana, mãe, ao lado de outra mulher, de dois meninos adotivos

Um casal homossexual de Bagé obteve ontem no Superior Tribunal de Justiça (STJ) uma vitória que muda a história do direito de família no Brasil. A psicóloga Luciana Reis Maidana, 36 anos, e a fisioterapeuta Lídia Brignol Guterres, 44 anos, tiveram confirmado o direito de compartilhar a adoção de dois meninos, de seis e sete anos. A decisão, unânime, cria precedente para que outros casais gays adotem filhos em conjunto.

Éa primeira vez que um tribunal superior reconhece o direito. Até agora, os casais homossexuais driblavam a legislação, aproveitando a brecha que permite a solteiros adotar. Adotavam juntos, mas apenas um dos companheiros aparecia nos registros como pai ou mãe. Foi o que aconteceu com as lésbicas de Bagé. Juntas há 13 anos, elas adotaram um menino em 2002 e outro em 2003. Na certidão de nascimento, ambos, hoje com seis e sete anos, apareciam apenas como filhos de Luciana. Com a decisão do STJ, passa a ser oficialmente reconhecido que os meninos têm duas mães.

Os próprios ministros do STJ reconheceram como inovadora a sua decisão. O parecer deles foi de que deve prevalecer o interesse da criança.

– Esse julgamento é muito importante para dar dignidade ao ser humano, para o casal e para as crianças. Se não for dada a adoção, as crianças não terão direito a plano de saúde, herança e em caso de separação ou morte podem ficar desamparadas – disse o relator, Luis Felipe Salomão.

O caso tramitava desde 2005, quando a Vara de Infância e Juventude de Bagé permitiu a Luciana e Lídia o registro dos meninos. O Ministério Público Estadual recorreu. Na época, o promotor da cidade André Barbosa de Borba justificou afirmando que a adoção conjunta só seria permitida em caso de casamento ou união estável. Ele afirmava que, como não havia lei regulamentando a união entre pessoas do mesmo sexo, a adoção seria irregular. Em 2006, Luciana e Lídia obtiveram nova vitória, no Tribunal de Justiça do Estado, que reconheceu a entidade familiar. O MP, porém, voltou a recorrer, o que levou o caso para Brasília.

O ministro Luis Felipe Salomão explicou ontem que o laudo da assistência social recomendou a adoção, assim como parecer do Ministério Público Federal. A expectativa é de que a decisão do STJ abra caminho para uma legislação que reconheça o direito de adoção por homossexuais.

– Não estamos legislando. A lei sempre veio a posteriori – disse o presidente da quarta turma do STJ, ministro João Otávio de Noronha.

Luciane e Lídia não são o único casal homossexual a obter o direito a adoção na Justiça, mas são o primeiro a obter sentença favorável em um tribunal superior. A defensora pública Patrícia Aléssio, que defende Luciane e Lídia desde o início, observa que outros casos não chegaram a Brasília porque, em geral, promotores e procuradores do MP têm concordado com as decisões dos tribunais – o que não ocorreu no caso de Bagé.

Por que é importante

- Ela cria precedente para pedidos de adoção semelhantes.

- A lei permite que uma pessoa solteira adote. É por esse caminho que homossexuais podem obter o direito. Mas a criança fica registrada como filha de apenas um dos integrantes do casal. Em caso de morte ou separação do adotante oficial, acaba desamparada.

- Com a adoção conjunta, a criança não volta a ser considerada órfã em caso de morte do adotante principal. Também tem garantia de direitos como pensão em caso de separação ou herança.

O RECURSO DO MP

- O MP argumenta que, pela legislação, pode adotar em conjunto só quem é casado ou vive em união estável. Segundo os promotores, uma união entre duas mulheres não configura entidade familiar.

O ARGUMENTO DO STJ

- O ministro Noronha observou que a adoção por um casal gay não é proibida por lei.

- Segundo ele, nenhum dispositivo legal foi violado, porque o Código Civil não veda a adoção e não há nenhuma norma proibindo a adoção por casais homossexuais.

Multimídia


Today's double post via BuzzFlash:

Arizona Shows Us What Tyranny Looks Like. I Am Opposed.

Fight Tyranny. Forward This to a Friend

I am opposed to the assault on our Constitution and democracy that Governor Jan Brewer signed into law last week. It is not just an effort to keep Mexicans from entering the United States; it is an attack on the civil rights and liberties of every American.

I stand firmly opposed to this law and fully support its repeal and finding that it is Unconstitutional.

Click Here To Join Our Declaration

According to one summary of the draconian Arizona law, advanced by right wing "Minute Men" and other forces of darkness in our society:

"It requires police officers, 'when practicable,' to detain people they reasonably suspect are in the country without authorization and to verify their status with federal officials, unless doing so would hinder an investigation or emergency medical treatment."

"It also makes it a state crime — a misdemeanor — to not carry immigration papers. In addition, it allows people to sue local government or agencies if they believe federal or state immigration law is not being enforced."

This is both racial profiling and puts me personally at risk for being detained by police officers who might be suspicious of my origins.

I am an American, and I say to the Governor and legislature of Arizona, "Don't Tread on Me."

Click Here To Join Our Declaration

The law also makes it a criminal offense not to have papers showing that you are American.

This is a violation of our civil rights.

I am a proud citizen of the United States.

"Don't Tread on Me" on Arizona.

Click Here To Join Our Declaration

Sincerely,
The Advocacy Team at BuzzFlash

Fight Tyranny. Forward This to a Friend

Tuesday, April 27, 2010

Vua JMG: Family Research Council: ENDA Will Turn America Into Canada

Storm clouds! Spinning graphics! Ominous drumbeats! OMFG MAPLE LEAFS!!!


(Via - Good As You)

Labels: , , , , , ,

a classic repost via JMG

Via JMG: CA Assembly Ends Search For "Gay Cure"

By unanimous vote, the California Assembly has repealed the archaic law requiring research into a "cure" for homosexuality.
Part of a decades-old state law that characterized homosexuality as a sexual deviation that must be cured is no longer on the books. The law was written in 1950 and classifies gay people as sexual deviants. It requires the state to conduct research to find the causes of sex crimes against children and singles out homosexuals as a group that should be researched. The department no longer conducts such research, but the law remained on the books. Assemblywoman Bonnie Lowenthal, D-Long Beach, said the changes make the law read as it should have 60 years ago. She said California is now "setting things right."
The bill now goes to the state Senate. "Ex-gay" lunatics PFOX continue to oppose the repeal.

Labels: , ,

a repost via JMG

Monday, April 26, 2010

Via 365gay: Our story: DOMA makes us feel erased


Bette Jo and Jo Ann became friends as college students in 1960. They reconnected 20 years later in Massachusetts, and fell in love. After 23 years as a couple, they were legally married on June 7, 2004 in the garden of their Jamaica Plain home.

Bette Jo, 68, retired last year after a 35-year career as a labor and delivery nurse. Jo Ann, also 68, still works part-time as a garden educator. But both are deeply involved in supporting their community full-time.

jump here to read the full story




GetEQUAL Rally Lafayette Square DC 12PM Sun May 2

Via JMG: Elton John Writes Letter To Ryan White On 20th Anniversary Of His Death

On the 20th anniversary of Ryan White's death from AIDS, Elton John has written Ryan a letter. From the Washington Post, an excerpt:

Ryan, I wish you could know how much the world has changed since 1990, and how much you changed it. Young boys and girls with HIV attend school and take medicine that allows them to lead normal lives. Children in America are seldom born with the virus, and they no longer contract it through transfusions. The insults and injustices you suffered are not tolerated by society.

Most important, Ryan, you inspired awareness, which helped lead to lifesaving treatments. In 1990, four months after you died, Congress passed the Ryan White Care Act, which now provides more than $2 billion each year for AIDS medicine and treatment for half a million Americans. Today, countless people with HIV live long, productive lives. It breaks my heart that you are not one of them. You were 18 when you died, and you would be 38 this year, if only the current treatments existed when you were sick. I think about this every day, because America needs your message of compassion as never before.


After the deaths of Ryan White and his good friend Freddy Mercury, in 1992 Elton founded the Atlanta-based Elton John AIDS Foundation, which has since raised hundreds of millions of dollars for HIV/AIDS research. This Wednesday the foundation will host an event in Ryan White's honor in Indianapolis.

Labels: , , ,

a repost lifted from JMG

Betty White's SNL Promo!

Via JMG: The Senate Armed Services Committee: Where They Stand On Repeal Of DADT

GetEQUAL sends us the above grid detailing the known (and unknown) DADT positions of Senators that serve on the Armed Services Committee. GetEQUAL: "These are very important targets to go after in the next 30 days with non-violent direct action and civil disobedience. It is of utmost importance that you contact ALL these Senators and express the importance of the repeal of Don’t Ask, Don’t Tell." They suggest using these talking points when calling the above Senators.

VIDEO: Members of GetEQUAL visit the offices of some Senators. (The audio doesn't kick in for a few seconds.)

Labels: , , ,

reposted from JMG

From BoxTurtle: Liechtenstein introduces same-sex couple bill

From the Italian site Queerblog (Google translation):

Aurelia Frick, Minister of Justice of Liechtenstein, had promised that by summer 2010, the Principality will give itself a law that recognizes same-sex couples. Now the Government submitted the bill to Parliament which is expected to be treated de facto unions to heterosexual marriages as regards inheritance, social security, retirement pensions, immigration and naturalization, and other tax matters. Remain outside the law and adoptions that access to artificial insemination.

I am not certain whether this is a civil marriage bill, allowable on the same terms as heterosexual marriage, or if it is just the granting of limited rights to de facto couples.

Sunday, April 25, 2010

Via JMG: This Week In Holy Crimes

Over the last seven days...

Maryland: Pastor Jerry Darnell Bartley charged with molesting a 13 year old boy.
Maine: Pastor Colin Haag and his wife arrested for kidnapping his wife's children from their biological father.
Wisconsin: The Survivors Network of those Abused by Priests (SNAP) has filed a 55-page lawsuit against the Pope for shielding the crimes of pedophile priests.
Tennessee: Father Bill Casey arrested for molesting a 10 year old boy.
Brazil: Monsignor Luiz Marques Barbosa arrested on multiple counts of child molestation.
Wisconsin: Pastor Leonard Van Vlaenderen charged with embezzling from his church.
Indiana: Court rules that Father Francis Markey can be extradited to Ireland to face charges of child molestation.
Alaska: Pastor Shawn Anthony Justice charged with 12 counts of sexual abuse of a female minor.
Wisconsin: Pastor John West charged with conspiracy to sell heroin.
Texas: Pastor Robert John Weber charged with ten counts of sexual assault on a 15 year old girl.
Indiana: Pastor Ernest M. Beal Jr charged with stealing the trust funds of residents of the group home for mentally challenged adults that he manages.
Illinois: Father Alejandro Flores charged with molesting an 8 year old boy. Flores is already in jail awaiting trial for molesting the boy's older brother.
Ireland: Father Eugene Lewis charged with 11 counts of sexual assault on three pre-teen sisters.
Belgium: Bishop Roger Vangheluwe has resigned after confessing to child molestation.

This Week's Winner
Utah: Pastor Kris Lounsbury has been charged with two counts of rape and aggravated sexual abuse of a ten year old girl. Lounsbury was a GOP candidate for Congress in 2006, running on a platform of abolishing the income tax, deporting illegal immigrants, abolishing the United Nations, and fighting LGBT rights laws. In January 2009 he posted a recording of a sermon calling for imprecatory prayer curses against President Obama. In the linked clip, Lounsbury rails against the repeal of DADT, saying that "you have no idea how vicious, these homosexuals, can be."

Labels: ,


a repost via JMG

"Fidelity": Don't Divorce... (by Courage Campaign w/ Regina Spektor)

TEABAGGER MELTDOWN! - Protestor Goes Mental At Interviewer For Asking Questions

InfoMania: Salutes: That's Gay

Friday, April 23, 2010

Via Belirico: Pride is about making people uncomfortable

Filed by: Alex Blaze

April 23, 2010 1:00 PM

Here's another story about how restrictions on free speech ultimately get used to quell political debate and silence certain opinions, no matter what the intentions were in developing those restrictions.

I was following a story from Toronto last month on Page1Q (didn't post about it here, though) about how the Toronto Pride committee set up a panel to pre-approve signs people wanted to march with in pride this year.

In a press release, Pride Toronto co-chair Jim Cullen wrote that all messages must "support the theme of the 2010 festival, celebrating '30 Years of Pride in Toronto.'"

People immediately thought the new policy was meant to keep Queers Against Israeli Apartheid (QuAIA) out of the parade, although some people thought it was about homocons as well (they're always the victim). A Facebook group called "Don't Sanitize Pride" was created and thousands joined. The Pride committee's spokesperson refused to say why the policy was put in place.

Continue reading "Pride is about making people uncomfortable" »

Via Belirico: Queer music Friday - R.J. Helton

Filed by: Alex Blaze

April 23, 2010 5:00 PM

Waymon pointed me to another Christian music singer who's gay, former American Idol contestant R.J. Helton. He came out in 2006 after his first Christian album and his run on Idol. Here's his performance of "Blessing," a song about a Christian coming out to his parents. It's a little Idoly for me, but I'm not the target audience.

A video of him from Idol after the jump.

Continue reading "Queer music Friday - R.J. Helton" »

From HRC:

Dear Daniel,

As we approach the time when Congress will consider the Department of Defense Authorization bill, a critical order of business is to secure the votes we need in the Senate Armed Services Committee for repeal of "Don't Ask, Don't Tell" (DADT).

To do so, HRC has identified senators in six key states (FL, IN, MA, NE, VA & WV) for grassroots and grasstops lobbying. We have two dozen organizers on the ground in those states, and are engaged in events, post cards drives, phone calls, visits to in-district offices, op-eds from veterans and opinion leaders, and other earned media. The Voices of Honor Tour, a successful collaboration with our allied groups, has held events in 30 cities so far. In these key states we have:

  • Generated almost 10,000 postcards to senators;
  • Placed over 4,000 phone calls to senators; and
  • Identified over 300 veterans to do in-district lobby visits or attend our May 11 Lobby Day.

HRC is also meeting with House leadership to discuss strategies for moving DADT repeal this year and we continue to exert pressure on the White House to take a visible leadership role as we enter this critical period. We are hopeful about moving repeal, and aware that a handful of votes in the Senate could determine the outcome. If you have not done so already, please take action and learn more about how to help.

Our steadfast advocacy of an inclusive Employment Non-Discrimination Act has not wavered as well. Along with LGBT coalition groups and congressional leaders, we are putting the pieces in place to pass an inclusive ENDA in the House and hope to have news to share in the coming weeks. After you've taken action on DADT, don't forget to also visit www.passENDAnow.org to let Congress know fair workplaces are a critical issue for our country.

As we press ahead on those two fronts I want to add one more item to your to-do list. We celebrated last week when the President issued a memorandum requiring hospitals accepting federal funds to respect families' wishes regarding who is at a sick or dying patient's bedside. When fully implemented, the memorandum will help to avert the tragedies that many same-sex couples and their children face in their times of greatest need.

But the policy is not in force yet. Now, the Department of Health and Human Services must issue regulations. To ensure that your family is protected today, you must have documents expressing your intentions regarding visitation, as well as a health care proxy and living will to ensure that those who know you the best can make medical decisions on your behalf in an emergency.

Download sample forms online from the HRC Foundation.

Another great resource is the Healthcare Equality Index, our groundbreaking nationwide report on healthcare facilities' policies affecting lesbian, gay, bisexual and transgender people. This index was a key resource in our efforts with the White House on this memorandum and you can use it to find out the policies of your nearest hospital. The next edition of the Healthcare Equality Index is due to be released in early June.

Sincerely,

joe_solmonese_signature_150

Joe Solmonese
President, Human Rights Campaign