A Shift in Utah Adoption Laws

by Emmylou Manwill & Tillie McInnis

Is it safe to assume that only a married couple can properly raise a child? If so, Utah’s current adoption laws are flawless. Yet Senator Ross Romero sees a big issue with this outdated perception; he frames his new Adoption by a Co-Parent Bill as a means of expanding all parental rights, but it's apparent that it would benefit the LGBTQ community. Romero’s proposed alterations would allow any couples that are co-habitating but either choose not to marry, or are unable to marry (i.e. a lesbian couple living together or even two brothers living together), the right to designate a partner as a “co-parent"--giving this person the right to legally adopt and help raise the child.

So far, Fox 13 stated that this bill will “allow gay couples, or any unmarried couple living together, to adopt.” Statements like this are misleading to the public because the bill clearly has stringent requirements. First off, the un-married, co-habitant spouse of a parent may not adopt a child unless the child has only one legal parent, who must also willingly join the petition for the person to adopt the child. In addition, the adopter must prove they have previously developed a parental relationship with the child and contributed to the “emotional or financial well-being” of the child, and of course, the decision must be in the best interest of the child.

This causes one to wonder why the media is framing the story in such a way? It could be due to a simple misunderstanding of the bill or a belief that this bill is of little importance due to a similar bill’s failure to pass in previous legislative sessions. Or it could be an attempt at stirring up opposition to any possibility of advancement in gay rights.

Ultimately, S.B. 126 will not allow any co-habitating couple to adopt any child; the child would have to already belong to one member of the couple without another active parent engaged in the child’s life. This would be one small, bittersweet step for the LGBTQ community, though the bill lacks the means to allow a gay couple to apply for adoption through an adoption agency.

In practicality, this bill would be more beneficial to female couples in that one could give birth and the spouse could adopt said child. For male couples, it would prove slightly more difficult by bringing in the legality of surrogates, if they were to choose such a route. Nonetheless, this bill is perfect for all single parents in co-habitating relationships.

Although Romero is not convinced S.B. 126 will pass this year, he says it is important to keep the dialogue going in hopes that one day it will pass. With a continual effort from the Utah Legislature, there’s a chance that within the next few years gay couples will be able to adopt without such strict limitations. This is a step in the right direction for LGBTQ rights, but this bill is nowhere near as extensive as it needs to be.

A Little Help for Utah High Schools - by Nick Ramos

With an estimated ration of one high school counselor for every 300-plus students, it is needless to state that high schools all over Utah need help. With the presentation of HB 65 by Rep. Patrice Arent (D-Salt Lake), these high school counselors might get the help they need.

The “College and Career Counseling for High School Students” bill will create a pilot program for the next 3 years which will give high school seniors much needed encouragement and help getting ready for the transition to high school education.

In the House Education Committee meeting, held on January 27, 2012, Rep. Arent admitted that she saw the necessity to create this bill when she was assigned to a task force to track women’s college completion. There, she realized that Utah students have the talent, but lack the information they need to go on to higher education. She said that many of them are overwhelmed by the admissions process and financial aid paperwork, particularly those in rural high schools.

As explained in the bill text, the pilot program will deal with this issue by hiring 18 school counselor interns (Approximately 1 intern on average per 2.25 school districts, with charter schools considered as a school district) who will have specialized training to help students fill out the necessary paperwork and encourage them to pursue the best education possible.

These professionals can be hired by the school, or be interns from universities who “are getting their masters in high school counseling,” she said.

From my experience, the road to higher education can be a very difficult one. It’s not just about having good grades, but about giving students the confidence they need to seek a brighter future. Working with them from the moment they enter high school, instead of only in their last year, is critical. Also, HB 65 does not suggest that students have the work done for them, but merely gives counselors the time to adequately explain what needs to happen.

Overall, HB 65 has met a very positive response, but concerns still remain. The main one is that it requires money. Education has suffered some major cuts in the last few years, and it’s estimated that $800,000 more will have to be set aside to implement this program.

Responding to this question, Rep. Arent suggested that new money could come from outside grants, but the funding should not be reduced.

Another issue will be accountability. Since it is only a pilot program, it will be crucial to know how well the program performed by measuring the progress of the students affected against those who did not take part in the program.

No one seems to disagree that the problems highlighted by this bill are real. School counselors are currently trying their best to help students obtain all the help they need, but they are simply overworked.

The proposed bill, HB 65, will ease the stress on high school counselors and provide kids with more opportunities. With this bill leading the way, education is getting the attention it needs.

Congrats to the new MAA 2012 Legislative Interns

We are pleased to announce the new interns for the 2012 Mestizo Arts & Activism Legislative Internship Program.


2011 High School Interns

Maricela Hernandez, West High School
Sujey Rodriguez, West High School
Viri Nareja, West High School
Guadalupe Rivera, West high School
Enrique Jimenez, West High School
Jonathan Soto, West High School
Jennica Trujillo, West High School
Hugo Lopez, West High School
Sergio Brito, West High School
Daniela Chaires, West High School

University of Utah Honors College Social Justice Scholar Interns:
Pamela Portacarrero
Nick Ramos
Logan Froerer
Rebekah Jung
Van Le
Emmylou Manwill
José Hernandez
Alonso Reyna
Liliana Martinez
Tillie McInnis
Geneva Thompson

The MAA legislative Internship provides high school students with a hands-on working and learning opportunity in a legislative environment. Students learn leadership responsibilities and develop an in-depth understanding of both formal and informal aspects of the legislative process. Students work with faculty and student advisors from the University of Utah who will mentor them as they identify and track bills, work with community groups, and participate in committee meetings and other aspects of the legislative process. Student interns participate in bill analysis and tracking, spot and in-depth research, drafting of position statements, liaison work, lobbying, and liaison work.

Student interns write weekly analysis and reviews of bills they are tracking, which they post here on the MAA blog. Check back frequently to read our stories and analysis of bills and policies.

Anti-federal sentiment really dying down? -- by Pamela Portocarrero

Utah's anti-federal sentiment seems to be dying down. Or is it?

During the past two years, Utah has overwhelmingly introduced "statements," officially in the form of resolutions, explicitly telling the U.S. federal government to leave states alone. Such examples included a bill exempting Utah from implementing any type of federal health care reform, and prohibiting the national government from assigning federally protected land within our state.

So what's in store for this year's session? Surprisingly, just the opposite, at least for now.

Senate Bill 25, sponsored by Senator Van Tassell (R-Vernal), aims at making some changes to the state issued drivers license and identification card by implementing the Federal REAL ID Act of 2005. This act was signed into law by President George W. Bush back in 2005 and mandated that all states implement new drivers licenses with features that will be identical throughout all states.

The purpose behind this act was to increase security at airports and federal buildings. However, even though this may sound like a step in the right direction regarding national security, Utah did not think so two years ago in the 2010 session. Then, Representative Stephen Sandstrom (R-Orem) sponsored House Bill 234, which prohibited the state from enacting the REAL ID Act, citing arguments that it would create unnecessary expenses for the citizens of Utah, and that the federal government was in violation of the federalism principles stated in the 10th amendment by mandating all states to implement this act.

It was a perfect example of the very common anti-federal sentiment that has been reigning over Capitol Hill for the past couple of years.

Fast forward two years and we have Senator Van Tassell wanting to implement this federal mandate. Is the state of Utah finally agreeing to follow federal law, or is there an additional motive for such change?

Maybe Senator Van Tassel is trying to turn around Utah's anti-federal thinking by complying with its laws, but that still does not clearly explain the remaining provisions attached to Senate Bill 25. For example, the bill would not allow a person to have in his or her possession both a drivers license and identification card.

While we await some more clarifications on this bill one thing is certain: the introduction of Senate Bill 25 reminded us that Utah's legislators can curse the federal government's involvement in our state one year, and welcome its presence in our laws the next.

Applications available for 2012 Legislative Intern program

Interested in politics and/or journalism? Want to learn about the legislative process through a hands-on experience while tracking bills and interacting with lobbyists, legislators, community activists, and others? Join the Mestizo Arts & Activism legislative internship where you can do all this, and possibly even earn high school credit (depending on your school).

The Mestizo Arts & Activism Legislative Internship Program provides high school students with a hands-on working and learning opportunity in a legislative environment. Students learn leadership responsibilities and develop an in-depth understanding of both formal and informal aspects of the legislative process. Students work with faculty and students from the University of Utah Honors College who will mentor them as they identify and track bills, work with community groups, write policy analysis briefs and journalism stories, and participate in committee meetings and other aspects of the legislative process. Student interns participate in bill analysis and tracking, spot and in-depth research, drafting of position statements, liaison work, and lobbying.

Student interns will meet at the capital on a regular basis during the legislative session from 9:00-10:30 am weekdays (this falls in the 2nd period slot for most schools in the Salt Lake Valley, so students will need to make arrangements for work release or an intern credit with their schools. We can assist with this if we do not already have something arranged with your school). Students may also need to attend specific committee meetings at 8:00 am or 2:00 pm as scheduled (as permitted by their regular school schedule). In addition they may also be required to attend community meetings or other community events as they relate to the bills that the student interns are tracking.

For more information, please contact Matt Bradley (mattbradley@honors.utah.edu, 792-5917)

Maa Legislative Intern App

Qur'an Burning in March and SLC's response by Amber Smith

In response to pastor Perry Jones’ horrific burning of the Qur’an in March, the Salt Lake community is stepping up. Throughout this week the Wasatch Presbyterian Church in partnership with the King’s English Bookstore has distributed over seventy free Qur’ans, the holy book of Islam, to our community.
Included with the book is a bookmark which states, “This book was donated by the leaders of Wasatch Presbyterian Church who are not afraid of truth wherever it can be found”. Also included were handouts from the Ahmadiyya Muslim Community which explained the peaceful nature of Islam. Anna Holman, the general manager of the King’s English Bookstore, said distribution of these books is a crucial way to participate in our community and promote understanding. I think this is an inspirational example of religious pluralism and “loving one another”.
This Salt Lake event couldn’t have been timed better either. Isn’t it ironic that the distribution of free Qur’ans in our community occurred the same week as the death of Osama Bin Laden? Bin Laden and Al-Qaeda’s cruel acts of terrorism can be blamed for the powerful intolerance of Islam in the United States today. Under the direction of this Muslim man thousands of American’s lost their lives.
On the other hand, killing Bin Laden will not end our wars, will not cause radical Islam to end, and will not teach our children religious tolerance. Rather, I believe, it will teach future generations that “an eye for an eye” is justice. Are we really just in our patriotic anti-Islamic celebrations that have dominated our T.V. screens this week?
In my opinion, this invitation to seek truth within the Qur’an by Wasatch Presbyterian Chirch is the best way to celebrate this “victory” and is the most important step to ending our conflicts with the Middle East. As Obama said following the death of the Al-Qaeda leader, “We are not at war with Islam”.

An Introduction to Minor’s Rights in Medical Decision Making: Mature Minor By Brianna Lewis

In 2003, a Utah boy named Parker Jensen was diagnosed with Ewing’s Sarcoma. Since he was only 12 at the time, it was up to his parents and doctors to decide his medical treatment. While doctors recommended chemotherapy following surgery, the parents firmly said no. This disagreement escalated to an all out court war between the state of Utah, by request of the physicians, and the parents of Parker Jensen. The state determined that Parker should be taken into protective custody where he could be given the treatment that his parents were withholding from him. Angry and frustrated with the court’s decision, the Jensen family packed up and moved out of Utah. Years later, the state dropped the case after seeing Parker with no ill effects from the lack of treatment.

My personal interest in the medical rights of minors started after reading the Jody Picolt book “My Sister’s Keeper”. In this story, a family with two daughters, one sick with cancer, wants the healthy daughter to donate an organ to her sick sister. For many reasons, the healthy daughter refuses. This disagreement between daughter and parents goes so far as to become a court case. In the book, the court determines that the parents are too invested in the one daughter’s problem (cancer) and that they are not making the wisest decisions for the healthy daughter. Therefore, the court appoints a non-related person to make the healthy daughter’s medical decisions.

The main question in these cases is, where do the rights of the state overrule the rights of the parents? An underlying issue is, when does a minor have the right to make medical decisions for themselves. Whether a minor is allowed to make these decisions on their own is ultimately up to the state, but is always determined based on the minor’s maturity level. I believe that this is good compromise between minors’ rights and those of their parents or the government. It allows for a medical decision to be made/reviewed by several parties, leading to a possibly more favorable outcome.