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In gay marriage case, justices focus and trade laughs on fertility question

In Tuesday’s oral arguments over whether California’s ban on gay marriage is unconstitutional, a few of the liberal Supreme Court justices took aim at one of the central arguments made by gay marriage opponents: that the ability to naturally procreate is key to the definition of marriage.

Charles Cooper, the attorney representing proponents of California’s Proposition 8 ban on gay marriage, argued that allowing same-sex nuptials would fundamentally change the definition of marriage for the worse.

“The concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic traditional procreative purposes, and it will refocus the purpose of marriage and the definition of marriage away from the raising of children and to the emotional needs and desires of adults,” Cooper said.

Justice Elena Kagan, an appointee of President Barack Obama, pressed Cooper on that argument, asking him why then the government could not bar couples who are both over the age of 55 from marrying, on the assumption that they are infertile. Read full article.

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Activists: Topeka sperm donor case opportunity for change

By Aly Van Dyke

THE CAPITAL-JOURNAL

As divisive as Kansas’ child support claim against a sperm donor to a lesbian couple is, activists on both sides of the issue can agree on a couple of things: first, that the case is an opportunity for change, and second, that its implications reach beyond same sex unions.

Organizations that support gay and lesbian rights say the claim is politically motivated but can be used as an opportunity to give rights to same sex partners.

For conservative groups, it is a chance for Kansas to reinforce its laws protecting traditional marriage. They offered arguments about how same sex parenthood is damaging to the children to such unions and supported the state’s claim against sperm donor William Marotta, 46.

But both sides said the issue currently set before the Shawnee County District Court goes beyond the usual arguments surrounding the legalization of gay marriage in America. It deals with adoption and the relatively untouched issue of artificial insemination — and, as such, has implications for heterosexual couples as well. Read full article.

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Is infertility a disability?

Is infertility a disability?
‘Disabilities are an umbrella term, covering impairments, activity limitations, and participation restrictions. Impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Thus disability is a complex phenomenon, reflecting an interaction between features of a person’s body and features of the society in which he or she lives’.

If you use the above definition. Is infertility is a disability?  To help you to make your decision, I include a few facts. As many members are male, it may seem that descriptions are over emotive. Infertility is an emotive subject. I have written this as honestly as I can in the hope that reading it will cause people to think before they respond with unnecessary harshness and insensitivity.

Infertility is often caused by very painful physical gynaecological problems. Endometriosis and polycystic ovaries being the most common. Most doctors will tell any woman that the best known cure for these problems is to have a pregnancy. Some women have been given IVF solely for this reason and it has worked. Symptoms have reduced significantly after she’d had a child. Read full article.

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Kansas Wants Sperm Donor to Pay Child Support

The state of Kansas is seeking child support from a man who says he signed away all parental rights when he donated sperm to a lesbian couple.

“It came out of the blue. He was absolutely floored,” attorney Ben Swinnen said of his client William Marotta.

Marotta, 46, met Angela Bauer and Jennifer Schreiner in 2009 when he responded to a Craigslist ad from a lesbian couple in Topeka, Kan., who were offering $50 per sperm donation, according to legal documents. Marotta and his wife met with the women and he agreed to donate to them without accepting the money, Swinnen said.

All three signed a sperm donor contract that stated that he would have no paternal rights and would be in no way responsible for any child that resulted from the donation.

“Jennifer and Angie further agree to indemnify William and hold him harmless for any child support payments demanded of him by any other person or entity, public or private, including any district attorney’s office or other state or county agency, regardless of the circumstances or said demand,” the agreement read. Read full article.

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ASRM Files Amicus Brief Supporting Teacher Fired for Having Infertility Treatment

The American Society for Reproductive Medicine announced today that it has filed an amicus curia (friend of the court) brief in the case of Herx v. Diocese Fort Wayne -South Bend.   Ms. Emily Herx of Fort Wayne, Indiana is suing the diocese for firing her from her job as a high school literature and language arts teacher after it became known that she suffered from infertility and had used in vitro fertilization in an attempt to overcome her disease and build a family.

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Catholic School Teacher Fired Over In Vitro Backed

(CBS/AP) FORT WAYNE, Ind. — Two national groups are throwing their support behind a former parochial school teacher who claims she was fired for trying to get pregnant through in vitro fertilization.

The Journal Gazette reports that the American Society for Reproductive Medicine and the American Civil Liberties Union filed friends of the court briefs Monday in support of Emily Herx.

Herx filed a federal lawsuit in April against the Roman Catholic Diocese of Fort Wayne-South Bend claiming that she was discriminated against for a disability when her teaching contract wasn’t renewed. Read full article.