Friday, January 30, 2009

Columbia's Highest Court Grants Same-Sex Couples Equal Rights

As reported in the Latin American Herald Tribune January 30, 2009:

BOGOTA -- The Colombian Constitutional Court has recognized the civil, political, social and economic rights of same-sex couples.

The president of the high court, Humberto Sierra Porto, told reporters that to make possible the recognition of these rights, parts of the criminal and civil codes, as well as some parts of military regulations, will have to be modified. The ruling means that property of homosexual couples that is considered part of the family possessions, including the home, can not be embargoed or distrained.

On the other hand, if a foreigner enters into a same-sex union with a Colombian in Colombia, he or she may obtain Colombian citizenship if and when that union has been under way for more than two consecutive years. Members of same-sex couples cannot be forced to testify against their partners.

Regarding public officials, when one takes the oath of office, that person's same-sex partner - if any - will also take the office.

As reported by 365Gay.Com January 30, 2009:

(Bogota) Colombia’s Constitutional Court has upheld a lower court ruling that the government must provide same-sex partners with all of the rights that opposite-sex couples have. Last year, LGBT rights groups went to court seeking health and other government benefits. Last April, a lower court ruled that same-sex couples are implicitly covered under the constitution’s guarantee of equal rights for all citizens.

The ruling also said that to exclude same-sex partners would violate the principle of non-discrimination and human dignity as the expression of personal autonomy, protected by international law. The Constitutional Court decision means same-sex couples will have pension, survivor and property rights.

[...]

All legal progress made in the last five years in Colombia has been accomplished through decisions by the Colombian Constitutional Court.

Monday, January 26, 2009

"Until Death Do Us Part": Texas Denies Couple Gay Divorce

In a predictable move, the Texas legal system has just thrown out the case of a gay Dallas couple seeking to file for divorce. The petition, which was filed on Jan. 21 in Dallas County’s 302nd District Court, sets up a legal showdown over whether courts will grant divorces to same-sex couples who’ve married legally in another state.

Texas, which has a constitutional amendment defining marriage as the union between a man and a woman, doesn’t recognize the same-sex marriages of other states. In 2003, the state Attorney General’s Office ruled that a same-sex couple from Beaumont couldn’t use a Texas court to dissolve the civil union they obtained in Vermont.

Attorney Peter Schulte represents one of the the two men, who were married in Massachusetts in 2006, "My clients want to move on with their lives," Schulte said, "but they've got to do it so there's no financial or political burden left on them with having this marriage kind of sitting out there."

If the men were to attempt to file for divorce in Massachusetts, where they were married, the Family and Probate Court would also throw out their case, but for a different reason. Under these circumstances, Massachusetts requires that one party to the marriage establish residency for a period of 1 year in order to bring the marriage (and therefore, the divorce) within the jurisdiction of the court.

The Massachusetts residency requirement presumes that if neither of the parties to the marriage has lived in the state for at least 1 year, another state is probably the more appropriate forum for the divorce action. This presumption places an undue burden on same-sex couples, who often cannot obtain divorce in the state where they reside.

The ramifications of this legal dispute go well beyond the couple's own marriage. Same-sex marriage opponents in Texas are correct to assert that by allowing same-sex divorce, the courts are impliedly recognizing same-sex marriage. After all, one of the prerequisits for filing divorce in any state is that the parties did, indeed, have a valid marriage to begin with.

Peter Schulte, who represents the plaintiff, has stated that he will appeal the case and argue that the United States Constitution dictates that states must recognize valid out-of-state same-sex marriages for the purposes of granting divorce.

While this case is a first for Texas, it is not the first nationwide. Recently, a same-sex couple in Rhode Island was denied a divorce for the same reason. Another same-sex couple in Iowa was successful in obtaining a divorce from a local court there.

Friday, January 16, 2009

VT, NH & ME Consider Equal Marriage Rights Legislation

From the AP at Bay Windows on January 16, 2009.

According to a report by the Associated Press, and published by , State Sen. Dennis Damon (D-Trenton) said he is introducing a bill to rewrite Maine’s existing statute that defines marriage as between one man and one woman, instead defining it as a union between two people. In addition, it recognizes gay marriages from other states.

"Currently there is discrimination. Heterosexual couples who have decided to spend their lives together are treated differently than same-sex couples who have ... that same commitment to each other," Damon said. "I don’t see the fairness of that. I don’t see the need for that, and this bill will put an end to that."

Maine currently has a domestic partnership registry that’s open to same-sex couples. But that’s not enough for gay marriage supporters. Damon says it’s time to "fully end discrimination in Maine."

In New Hampshire, a bill has been submitted to the legislature to replace the term "civil union" with "marriage" in the state's 1-year-old civil union law. Vermont, the first state in the nation to permanently establish civil unions is now also likely to consider a gay marriage, or marriage equality, bill.

Currently, full same-sex marriage rights are recognized in only Massachusetts and Connecticut. New Jersey, California, New Hampshire, and Vermont currently have civil union statutes.

Wednesday, January 7, 2009

Changing Your Legal Documents to Reflect Your Sex: Part 5 of 5

Part 5 of 5: Obtaining a New Massachusetts Driver's License.

For a relatively nominal fee of $15.00, an individual can request that the Registry of Motor Vehicles issue a new driver's license which reflects their appropriate name and sex designation. It should be noted that an individual need not change his or her name in order to change their sex designation.

Name: The applicant must go in person to the local Registry of Motor Vehicles to request a change of name on their license (a list of local Registry branches can be found here). The applicant must present the clerk with (a) old license, (b) paperwork certifying your new name, and (c) the new name, as found on the individuals social security card.

Sex Designation: In order for an individual to change the sex designation on his or her license, he or she must provide the following (a) a notarized physician's statement indicating completion of sex reassignment surgery, (b) paperwork certifying your new name, and (c) an amended birth certificate.

It might be helpful to review the Massachusetts RMV's Application for Change of Information prior to going into your local branch. For additional help, information and support, visit the Massachusetts Transgender Political Coalition website.

Tuesday, January 6, 2009

Connecticut Considers Transgender Antidiscrimination Protections

The Hartford Courant reported today that Connecticut legislators will introduce a Transgender Anti-discrimination Bill sometime during this legislative session. The proposed bill would seek to prevent discrimination on the basis of one's gender expression or identity.

As the Courant points out, Connecticut has long prohibited discrimination based on gender and sexual orientation, and was one of the first states in the Nation to outlaw bias against gays and lesbians. Still, similar bills have been proposed and failed in Connecticut over the last several years, the most recent one in 2007. According to the article:
The proposal would extend those protections to people whose appearance doesn't mesh with gender stereotypes, such as women who favor traditionally "masculine" clothing or hairstyles, or men who appear effeminate.Such individuals would be protected even if they don't view themselves as transgendered.

The term transgender covers a wide variety of people, including: transsexuals, who physically alter their gender through surgery or other means; cross-dressers; and intersex individuals who are born with ambiguous genitalia.
The organization Love Makes a Family has long been a key part of the coalition behind the gender identity bill. "This is something that's been a priority for our organization for several years now," said Carol Buckheit, associate director of Love Makes a Family. "Certainly, we're going to redouble our efforts in support of this legislation."

The article can be read in its entirety by clicking here.

Changing Your Legal Documents to Match Your Sex: Part 4 or 5

Part 4 of 5: Obtaining an Amended Birth Certificate in Massachusetts.

After an individual has completed sex reassignment surgery, and has had his or her name legally changed in the Probate Court, he or she may apply to have his or her birth record amended to reflect the newly-acquired sex and name.

Name: The applicant must submit to the appropriate clerk a certified copy of the legal name change court order.

Sex Designation: The applicant must then provide to the clerk with an original notarized statement indicating completion of sex reassignment surgery. It is important that the physician use the words "completed sex reassignment surgery" with regard to your surgery, not merely that s/he "performed" surgery.

Fee: According to Massachusetts Registry of Vital Records official website, "The fee for amending a record at the Registry is $50.00. Before you come in to the Registry offices for an amendment or correction, you must speak with a Registry representative first. That way, when you come in, you will be prepared with the necessary evidence or paperwork that will allow the correction to be made. Call: (617) 740-2603 or email: vital.regulation@state.ma.us

Registry of Vital Records
150 Mount Vernon St.
1st Floor
Dorchester, MA 02125-3105