Modern Medicine Trumps Archaic Law

After the New York City Administration for Children’s Services tried to deny sex reassignment surgery to Mariah L., a transgender woman, a judge called its logic “irrational and unreasonable” and last month ordered the agency to provide the service. Mariah has been in the care of ACS since she was 10 years old. When she was 18, she was diagnosed with Gender Identity Disorder, and multiple experts determined that sex reassignment surgery was necessary for her. ACS argued that the surgery was “controversial, risky and experimental.” Lambda Legal submitted a friend-of-the-court brief arguing against this logic and the New York Appellate Court agreed with us saying ACS’s decision was “based on archaic law and out-of-date medical diagnosis and technologies.”

Alimony Win for Transgender Man

Last week, a Florida judge upheld alimony for Julio Roberto Silverwolf, a transgender man, after his
ex-husband had tried to stop payments. After the couple divorced in 2004, Silverwolf’s underwent sex reassignment surgery and his
ex-husband argued that the procedure was the legal equivalent of Silverwolf death and therefore ended his alimony obligation. The judge rejected this argument and ordered that the alimony continue. At the same time, the judge also cited a 2004 precedent holding that a transgender individual’s post-transition sex is not recognized for marriage purposes under Florida law — an unfortunate decision for the transgender community in the state.

Good Parenting Wins the Day
In a recent victory, J.R.V., a gay man, was awarded joint custody of his three children after his ex-wife (the children’s mother) claimed that his “homosexual lifestyle” had negative effects on the children. A trial court judge in Virginia had found that J.R.V. was a loving and fit parent and granted both parents joint custody. A.O.V. argued that the father should not have joint custody, or that greater restrictions had to be imposed on J.R.V.’s partner. The trial court and appellate court both rejected A.O.V.’s arguments, and J.R.V. continues to have joint custody of his children.

Take Time During Tax Time
April is tax time and a great opportunity to review your financial life plans and take the steps you can to ensure that you and your loved ones are protected. Since same-sex relationships are not respected by the federal government or by many state and local jurisdictions, people in same-sex relationships potentially are subject to higher taxes and may need to take additional steps to try and protect their rights. Single people also need to take similar precautions. Read more about the life planning topics and strategies you should discuss with your attorney, financial planner or accountant.

A Right to Be Protected
Darrin Ellis and David Arriaga were in a committed relationship for five and a half years and decided to register as domestic partners in California. Ellis believed the couple had taken the necessary steps, finding out only when they separated that they were not validly registered. Different-sex couples who believe they were married, but for some reason were not, are protected and can receive a fair division of the couple’s property. A trial court ruled that Ellis is not entitled to the same protection. Lambda Legal appealed this ruling, arguing that domestic partners need to be treated like married spouses in California.

Big Laughs, Great Prizes, New Deadline
This month in Lambda Legal’s “Life Without Fair Courts,” a man is arrested for exhibiting and distributing contraceptives to people who are not married. This is the fourth installment of our monthly alternate reality cartoon series depicting what life would be like if courts had not upheld the Constitution in past landmark cases. What do the courts mean to you? Enter Lambda Legal’s “Life Without Fair Courts” illustration contest, with Prism Comics and media sponsor The Advocate, for a chance to win two roundtrip tickets from American Airlines and to show off your talent. The contest entry deadline has been extended to April 16 so get your friends involved and don’t forget to submit your cartoon!