By Ramy Eletreby

On Aug. 22, the parental rights and responsibilities of three California lesbian couples were recognized by the state Supreme Court through a series of rulings, which concluded that the same custody and child support laws should apply equally to gay and heterosexual couples. The rulings are the first by any state supreme court and are expected to have national ramifications.

"What the Supreme Court said is that if you and your partner decide to bring a child into this world, both of you are going to be held to be parents forever, and the biological parent can't take the non-biological parent away because they've broken up and the non-biological parent can't walk away and not pay child support," Diane Goodman, attorney in one of the cases, told IN.

All three cases concerned estranged lesbian couples and the non-birth mothers' status regarding any children born during the couples' time together.

In the case involving Elisa B. and Emily B., a couple living in El Dorado County, each of the women were artificially inseminated and bore children just months apart during their six-year relationship. Elisa had a son, Chance, and Emily had twins, Kaia and Ry. The couple agreed that Elisa would be the "breadwinner," providing medical coverage and listing the three children as dependents on her income tax forms.

When Elisa left the relationship in 1999 and moved to San Francisco, she took Chance with her and continued to help Emily and the twins financially until May 2001. After Elisa cut off funds, El Dorado County sought to make her pay child support. A California Court of Appeals said that state law allowed a child to have only one person be identified as its "mother," and Elisa was legally responsible for the child she gave birth to alone. However, the Supreme Court unanimously ruled that Elisa should pay child support, stating that there is no reason why a child cannot have two mothers.

"It is undisputed that Elisa actively consented to, and participated in, the artificial insemination of her partner with the understanding that the resulting child or children would be raised by Emily and her as co-partners," wrote Justice Carlos Moreno for the court. "Having helped cause the children to be born and having raised them as her own, Elisa should not be permitted to later abandon the twins simply because her relationship with Emily ended."

In the case involving K.M., a woman from Marin County who donated her eggs to her partner E.G. who was then artificially inseminated, the Supreme Court issued a 4-2 ruling stating that K.M. is legally the children's second mother, even though she signed a form waiving parental rights when she donated the eggs. After E.G. gave birth to twins in 1995, the couple lived and raised the children together until E.G. asked for sole custody after the relationship ended in 2001. The Supreme Court's four male justices voted against the two female justices and recognized K.M.'s parental rights in spite of the previously signed waiver. Justice Moreno wrote, "When partners in a lesbian relationship decide to produce children in this manner, both the woman who provides her ova and her partner who bears the children are the children's parents."

Justices Joyce L. Kennard and Kathryn Mickle Werdegar had points of contention. Werdegar's concern was the fact that the validity of K.M.'s signed waiver was questioned. "Until today, when one woman has provided the ova and the other has given birth, the established rule for determining disputed claims to motherhood was clear: We looked to the intent of the parties," Werdegar wrote. "We cannot recognize K.M. as a parent without diminishing E.G.'s existing parental rights," noting that E.G.'s rights may have been violated under the U.S. Constitution.

In the third case, when Kristine H. was pregnant in 2000, she and her partner, Lisa R., requested a stipulated Judgment of Parentage from the Los Angeles Superior Court, declaring that both parties be the "joint intended legal parents" with Kristine H. listed as "mother" and Lisa R. listed as "father," according to the Supreme Court decision. After their relationship ended in 2002, when their child was almost 2 years old, Kristine H. sought to set aside the stipulated judgment and remove Lisa R.'s rights as co-parent.

While the Superior Court denied vacating the judgment, the Court of Appeal issued a reversal citing that "a determination of parentage cannot rest simply on the parties' agreement." The six Supreme Court justices unanimously agreed to reverse the Court of Appeal's decision and re-instate the judgment that stipulates Lisa R. as co-parent of the child.

Attorney Diane Goodman, who represented Lisa R., said her client would now be able to get what she truly deserves. "She's been allowed visitation and now she has the right to go back to the court," Goodman told IN. "Where it left off in the trial court is that she was asking for joint custody."

HGTV Seeks Lesbian and Gay Couples for Home Renovation Program

Long considered one of the gay-friendliest cable networks on television, Home & Garden Television (HGTV) is actively combing the L.A. area for gay and lesbian couples who have extensively renovated their homes to be featured on the new HGTV top-rated series, Generation Renovation. HGTV has made a reputation of consistently showcasing gay and lesbian households on their home improvement programming, garnering much praise and support from the LGBT community for their inclusiveness.

There are certain conditions for a home to be considered. For instance, all renovations must have been completed within the last five years and must include structural changes. Old photos and home videos need to be available to comprehensively show the home's transformation. All homeowners must have performed some of the work themselves and have entertaining stories to tell about the renovation process. All renovations must be unique to the lifestyle of the homeowner, but must also hold onto to the home's history. Finally, all homeowners need to commit to one full day of filming with the HGTV field producer and photographer during Sept. 20-24.

For more information, call Heather Pikas at High Noon Entertainment, (303) 712-3162, ext. 23162 or e-mail hpikas@highnoonentertainment.com.

Gay Latinos Assaulted in Silver Lake

Oscar De La O

Two gay Latinos were verbally and physically attacked on Aug. 21 when leaving MJ's bar, a gay club in Silver Lake.

George and Kenneth (who did not release their last names) left the club on Hyperion Avenue between 1-2 a.m. when a black SUV pulled alongside them and three young male adults shouted abusive language such as "Fags, get a room," according to their statement. Following the verbal attack, George and Kenneth claim the men spit on them The SUV then made an illegal U-turn, stopping against oncoming traffic. Two of the males then got out of the SUV, and allegedly physically attacked the gay Latinos, threatening them with a gun. The victims chose not to retaliate because of the attackers' weapons.

The next day, confused about what to do, the victims went to Los Angeles Police headquarters at Parker Center and the Rampart Police Station where a report was taken and forwarded to the Northeast Division, which has jurisdiction and is investigating the incident.

Subsequently, George and Kenneth issued a press release about the incident to warn others. "We are coming out publicly with our experience because we want others to know what to do in a similar situation" George said. "We should have called the police right away or asked for help at nearby businesses like MJ's" said Kenneth.

Bienestar Human Services, a nonprofit service organization for the Latino community, called on the L.A.P.D. to thoroughly investigate this incident. "We are alarmed assaults like this still take place but unfortunately homophobia still plagues our community," said Bienestar Executive Director Oscar De La O.

Last year, 1,792 hate crimes were committed nationwide against LGBT people, according to the National Coalition of Anti-Violence Programs, 17 percent of whom were reported to be Latino/a.

"This incident occurred and we are investigating," Sgt. Sanford Rosenberg of the Northeast Division told IN.

CSW and WeHo Sponsor Town Hall on Pride Event

In the wake of much criticism over the production of the annual LGBT Pride Parade, the City of West Hollywood and a Christopher Street West task force are hosting a "community workshop" on

Sept. 14, from 6-8 p.m. at the West Hollywood Park Auditorium, 647 N. San Vicente Blvd.

The purpose of the meeting, according to the city's Web site (www.weho.org), is to gather information for recommendations to the city council "about how to expand, adjust and strengthen the annual LGBT Pride Parade and Festival." While CSW is a nonprofit community organization, the city extends significant financial

considerations. Community input is requested both at the meeting and online at Weho.org/pride. Some questions expected to be raised at the meeting include honoree selection, background checks for CSW staff and volunteers, and financial disclosure. For more information call, (323) 848-6354.

Koretz Shocked By Failure of Condom Bill

Paul Koretz

With bipartisan support, the California Legislature passed AB 228, a bill by West Hollywood Assemblymember Paul Koretz that prohibits insurers from denying coverage for organ transplants based solely on a patient's HIV status.

Though California health plans cover transplants to HIV patients, supporters of the bill, such as Ruel Nolledo, co-chair of the Southern California HIV Advocacy Coalition, note that there have been only 44 transplants in HIV patients and some insurers may still consider HIV "an imminently terminal illness" and deny transplant consideration.

But Koretz was "shocked" when AB 1677, his bill to allow condom distribution in prisons by non-profit groups, was allowed to die "on suspense" Aug. 25 in the Senate Appropriations Committee, chaired by LGBT Caucus member Sen. Carole Migden. The bill was apparently spiked because an analysis claimed that it would cost $250,000 annually to maintain receptacles for the used condoms.

"I was shocked when it didn't come off suspense," Koretz told IN Aug. 30. "Suspense is where they kill bills they can't justify killing any other way. I think the cost is a red herring. There is no reason to have any extra cost when the condoms can just be flushed after use."

Koretz said the chair and the head of the body, Migden, and Sen. Pro Temp Don Perata, make decisions about what bills come out of committee. He said he didn't expect to have trouble from Northern California representatives who understand the devastating impact of HIV/AIDS. Condoms are already available in Los Angeles and San Francisco city jails, in other states (including Mississippi), and in most industrialized countries. Canada has distributed condoms in prisons for 10 years and "no one's had a bad experience."

"It's a shame because I'm sure there will be dozens, if not hundreds, of transmissions of HIV because they waited an extra year," Koretz said.

"Everyone knows there is sex in prisons. Everyone knows the prison population is disproportionately people of color, and that infection rates among these populations are five to eight times those in the general population," said Craig E. Thompson, executive director of AIDS Project Los Angeles, another co-sponsor. "HIV infection rates among women of color in California are staggering. Rates among young men of color who have sex with men in many urban centers in this country are higher than rates in sub-Saharan Africa."

"We are disappointed that the Senate leadership missed this important opportunity to interrupt one of the major paths of transmission of HIV, from paroled prison inmates who unknowingly expose their spouses or significant others to HIV," said Michael Weinstein, president of AIDS Healthcare Foundation, a co-sponsor of the bill. The Department of Corrections estimates that in 2003-04 about 1,240 inmates were HIV-infected, with an estimated $18 million in healthcare costs. "The death of this bill squanders an inexpensive, pragmatic way to help control skyrocketing health-care costs in the state," Weinstein added.

Calls to Midgen's office and a Perata representative were not returned by press time. -- Karen Ocamb

Dr. Mark Schuster Appointed to L.A. Commission for Children, Youth and Families

In keeping with his commitment to appointing "the best and the brightest" to his progressive administration, boards and commissions, on Aug. 16 Los Angeles Mayor Antonio Villaraigosa named openly gay UCLA/RAND adolescent health expert Dr. Mark Schuster to the Commission for Children, Youth and Families. The City Council is expected to confirm him this month.

Schuster's resume suggests that he might be the smartest person in any room, and perhaps one of the most caring. A summa cum laude and Phi Beta Kappa graduate from Yale University, Schuster got his medical degree from Harvard University and studied public policy at Harvard's Kennedy School for Government. He received his Ph.D. in policy analysis from the RAND Graduate School. He is professor of pediatrics and public health at UCLA, senior natural scientist at RAND, and co-director of the RAND Center for Maternal, Child, and Adolescent Health Research.

Schuster also founded and is the director of the UCLA/RAND Center for Adolescent Health Promotion, a community-based participatory research center where he studies child, adolescent, and family issues. He also heads the CDC-funded Healthy Passages in Los Angeles, a study that tries to identify personal, family, school, and community influences on substance use, violence, injuries, physical activity, nutrition, sexual behavior, and mental/physical health.

He has also conducted research at UCLA and Rand on sexual orientation and health care, as well as another study looking at the needs of HIV-positive parents and their children. (Read more about Schuster and his Rand studies at www.rand.org/news/experts/bios/expert_schuster_dr_mark.html.)

Schuster also practices pediatrics at Mattel Children's Hospital at UCLA and has co-authored or co-edited two books, including Everything You Never Wanted Your Kids to Know About Sex (But Were Afraid They'd Ask): The Secrets to Surviving Your Child's Sexual Development from Birth to the Teens (Crown, 2003).

He decided to specialize in pediatrics while in medical school. "The pediatricians, nurses and staff were the most caring people I worked with in the hospital," Schuster told IN. "Everyone was invested in helping

comforting the children, even if a child had a serious illness and was not expected to survive."

He also discovered that the health and well being of the child has a direct influence on the health of the adult the child would become. He also saw the correlation between caring for children and improving health through public policy, working to remove lead from paint, as well as treating a child for lead toxicity, for example.

Schuster, who applied for the commission position through Villaraigosa's online application process, said he is "thrilled" to be joining the "amazing group" of commissioners, many of whom are leaders in issues involving youth and adolescents.

An L.A. transplant from Baltimore, Md. 14 years ago, Schuster, 45, has been with his partner Jeff Webb for almost 13 years. They have two 15-month-old boys "who make us very happy." -- Karen Ocamb