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Seeking the magic ingredient

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Along with a cultural history favouring chosen families, GLBT* people hold an openness to creating new family forms. Some of this comes with biology, and some comes from social-political pressures. For many queer parents-to-be, finding sperm is a key part of planning a pregnancy.

Lesbian cis partners and single queer uterus-possessing parents are some of the most likely queer families to seek sperm when they decide to have kids. Trans parents of any gender, depending on hormones and biology, may find themselves looking as well.

So how do queer parents who need sperm get started? There are legal issues, relationships and roles to define, costs, and preferences to consider. The two basic routes to acquiring sperm are through either a sperm bank or a known donor.

“Unknown donor sperm is often seen as desirable because it allows lesbians to parent with autonomy and security,” writes Joanna Radbord in her 2010 paper GLBT Familes and Assisted Reproductive Technologies. Radbord is a Toronto-based lawyer who has won awards for her focus on GLBT* legal equality. The issues can be expanded to include queer parents of other genders too. She says unknown donor sperm is the route most lesbian partners take.

While it does protect the parents legally, unknown donor sperm is costly and sometimes ineffective. There’s also a shortage of ethnically-diverse donors in the Canadian sperm pool because of how it’s set up.

Known donors

Sperm from known donors provides less legal security, but is a do-it-yourself route many prospective queer parents are choosing. Although some believe there is a legal risk of prosecution with self-insemination, Health Canada has stated the intention of the Assisted Human Reproduction Act, which governs these activities, does not intend government involvement in the private matter of home insemination.

“If it’s a classic turkey baster at-home insemination, no one’s ever been prosecuted for that and I don’t imagine that anybody would be,” says Karen Busby, professor in the faculty of law at the University of Manitoba. Busby’s work focuses on GLBT* legal issues and she’s been key in shaping Manitoba’s laws on same-sex relationships, which are the most comprehensive in North America.

Her advice to people using known donors is, “Make sure you talk as much as possible with the known donor about what expectations are and then see a lawyer to write up an agreement.”

She refers to such agreements as “arrangements,” and is clear that what they do is express the intentions of the parties involved. Without consulting a lawyer, she says, people are unlikely to cover all of the issues they need to. But if push comes to shove and there’s a legal dispute, this contract is not what’s going to determine a judge’s decision. In family law, a court will never ask the question, ‘What were the contractual arrangements?’ The court will always ask the question instead, ‘What’s in the best interest of the child?’ says Busby.

A Montréal donor, who wishes to remain anonymous for the sake of the couple he’s helping, did just this and drew up an agreement in consultation with lawyers and the couple.

“The idea was for me to give up all rights and responsibilities to the extent that the law makes that possible,” he says. “The parents, i.e. not me, will have full freedom—they’ll be considered the legal parents, they’ll have custody, they’ll be allowed to move with the child if they want to. They’ll cover all the costs.”

Interestingly, a known donor is technically unable to give up child support rights because it falls under the rights of the child.

And although technically issues could arise, Busby points out many people using known donors don’t have agreements drawn up, and most of the time things work out just fine.

It gets more complicated if those using known donors also have problems conceiving. “The law around sperm donation is absurdly restrictive in my view, because if you’re not in a sexual relationship with the person, the sperm must be held in quarantine for six months before it can be used,” says the Montréal donor.

After the tainted blood scandal in the ’80s, the Canadian government became extremely risk-averse to the possibility of HIV, and so fertility clinics operate under a law that says they have to hold sperm for six months and re-test donors. The law also ends up being homophobic, because straight couples are allowed treatment right away, since they’re considered to be in contact with each other’s fluids anyhow. Even if someone has been previously trying with a donor’s sperm for months, the clinic must quarantine it if they’re not in a sexual relationship.

In the Montréal donor’s case, the couple had hoped to have his sperm frozen and shipped to another part of the country, but barriers became excessive. He discovered his sperm dies when frozen, something that happens to some sperm and not other, and researchers are unsure why. “The [quarantine] law is self-defeating in a way,” he says. “It probably drives people to… bypass the clinic system entirely.”

…talk as much as possible with the known donor about what expectations are and then see a lawyer to write up an agreement.”

This is particularly the case if someone wants to use a gay man’s sperm for conception. Sperm donation for gay men is only allowed with special doctor’s permission, a relic of homophobic policies from the ’80s. This means it can only easily be used if someone has no trouble conceiving and does not have to go through fertility clinics.

Unknown donor sperm – issues to consider

Another reason people use fertility clinics is to access sperm from an unknown donor. The process usually begins at a doctor’s office with a referral.Importantly, human rights legislation prohibits discrimination on the basis of sexual orientation or marital status for those seeking reproductive assistance. As of August 2012, trans rights are protected in Manitoba as well.

Because most fertility clinics were set up to treat infertile heterosexual couples, there are varying levels of awareness when dealing with GLBT* clients.

The Toronto-based LGBTQ Parenting Network has some tips for queer people navigating the clinics. The network’s guidebook on assisted human reproduction notes the “norm” for clinics is heterosexual, cisgender clients who are partnered or married with access to two incomes.

This can mean intake forms lack appropriate places to record gender identity, sexual orientation, relationship status or family configuration. The counsellors at the clinic may not understand realities specific to GLBT* reproductive choices and parenting plans. This will vary widely by clinic.

Know that fertility clinics are privately-operated and most of their services are not covered under Manitoba Health.

Also know that the technology exists for HIV-positive people to conceive and give birth to children without transmission. As of August 2012, the guidebook notes, there were six clinics in Canada offering pregnancy support services to HIV-positive people.

Family law is presently receiving an update in Manitoba to recognize that some children have more than two legal parents. This will open the way for queer families to include more people on a child’s birth certificate. While some people reproduce as couples, others wish to have their donor and maybe his husband or partner involved in the child’s life. Still others have family forms as unique as the relationships they negotiate. While family law across Canada is uneven and unprepared to deal with this reality, it’s evolving and beginning to catch up.

First published in Winnipeg’s OutWords Magazine, Aug 2015

http://outwords.ca/2015/issue-fall-2015/seeking-the-magic-ingredient/


–Larkin Schmiedl is a freelance writer living and working in Vancouver, B.C. He loves to write about social and environmental justice, especially when it comes to other queers.

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Questionable Sex Ed: What’s being taught in Manitoba’s schools

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http://outwords.ca/2014/issue-december-january-2014-15/questionable-sex-ed/

Promoting abstinence in sex education is what Candace Maxymowich, a Winnipeg public school board trustee candidate, did during her campaign, before she lost by a wide margin in October’s election. But her discussion on infusing the value of Christian-style abstinence into education begs the question: what are kids learning in sex ed in Winnipeg’s schools, and are they learning anything about same-sex and trans issues?

Among all of Winnipeg’s school divisions—some more progressive when it comes to sex ed than others—curriculum is mandated by the province. The physical education and health curriculum are the sections that apply to sex ed. The province’s website details a framework on how schools are to deal with “potentially sensitive content,” of which sex ed is a part.

Requiring a planning process that includes parental involvement, school divisions make independent decisions about sex ed, including content, how it is taught, how it’s graded and what resources are used to teach it. Not teaching it at all is an option, as the framework gives school divisions the power to decide how much depth and breadth to give the topic. There is also an opt-out for parents who’d like their children to learn the subject by another means if they disagree with what the school’s doing.

Winnipeg’s schools are many, and range from Dakota Collegiate, which is hosting an upcoming national gay-straight alliance conference in May, to others that have faced controversies over Bill 18 and over transgender students.

When it comes to sex education, what is being taught varies widely as well.

“It’s division-to-division on what kind of language they use,” says Roselle Paulsen, program director at Winnipeg’s Sexuality Education Resource Centre (SERC). She was consulted on the health curriculum when it was created and published in 2000. “There are different approaches to how people interpret the student learning outcomes. So if you see a word like ‘diversity,’ or those kinds of things, people are going to interpret them differently.”

Paulsen points to a couple of examples in the curriculum. The first, a learning outcome for Grade 7, tells teachers to “identify effects of social influences on sexuality and gender roles.” Topics like violence against women, media ads, gender equity and culture are generally covered under this topic, Paulsen says. But “Somebody who wants to take more latitude could say that when we talk about gender roles we could delve much more deeply into things like gender identity and social morays.”

It’s up to the interpretation of the school divisions. Another example is in grade five where the curriculum talks about celebrating all kinds of families—again open to interpretation. By Grade 9, sexual orientation is named explicitly. Since it’s included, Paulsen says there should be no reason for schools not to talk about same-sex issues within the context of sex ed, although some don’t. “The frustration with this sort of document, is on the one hand, sexuality education within the health curriculum is mandated. On the other hand, the department says, but each division in the province can determine, based on their own community needs, the depth and breadth of what they provide. That’s the problem.”

Vycki Atallah has also seen a wide variation between what is taught in sex ed. As co-ordinator of Klinic Community Health Centre’s Teen Talk program, she’s invited into schools to give sex ed talks when schools want more. “It can really look a lot different in different schools and communities. For some schools and communities, we’re really welcome, and come in, and some classes get multiple workshops from us; and other schools and school divisions simply don’t book us; don’t extend an invitation for us to come into their school.”

Teen Talk approaches sex ed in line with the provincial curriculum, but from an anti-oppressive standpoint, which includes education about healthy relationships, and the range of genders and sexuality. Their workshops make it clear that all types of couples are valued on an equal level and that body parts can belong to people of any gender, says Atallah.

She says Seven Oaks School Division and Winnipeg One are among the most progressive on these fronts she’s worked with.

Anastasia Chipelski, who works with service providers who talk to teens about sex in her capacity as health educator at Nine Circles Community Health Centre, says she doesn’t think the majority of teens are learning their sex education in schools anyway. The teens her clients are in contact with are way ahead of any adults who are teaching them about sex. “Who knows where the teens are learning it from?” she says. “They’re not learning it in schools.” One guess she has is they’re getting information from well-informed peers.

Perhaps one piece of the puzzle is that the curriculum schools are teaching needs updating, says Paulsen. “Everybody agrees that it [does],” she says. “Things have changed a lot.”

“We have a spectrum of how people identify and their attractions, and all of those kinds of things.
If we’re going to be inclusive and comprehensive and provide a safe space for all students, then it is time to be realistic and pragmatic, and let’s not pretend that this isn’t an issue.”

Published in OutWords Magazine, Dec 2014


–Larkin Schmiedl is a freelance writer living and working in Vancouver, B.C. He loves to write about social and environmental justice.

Making connections: Bridging racial divisions in the GLBT* community

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http://outwords.ca/2014/issue-september-2014/making-connections/

GLBT* rights have come a long way, and we know there’s still a long way to go. Yet some things are continually overlooked, like the glaring gap in conversation and action around race.

“It’s a major problem,” says Uzoma, a Winnipeg woman who identifies as black, and prefers to go by first name only for safety reasons.

212-12b-making-connectionsShe’s the initiating force behind a new queer people of colour (QPOC) group that held its first dance party for QPOC and allies during Pride this year. Although Winnipeg has many strong GLBT* groups, most are white-dominated. “There’s a danger with the queer community just because the experience of being queer in itself is an experience of existing on the margins,” says a local queer woman of colour who is using the pseudonym Jill for fear of backlash.

“There can be a tendency to think that because we exist in this space, we don’t have to deal with the issues like racism, or we’ve figured that stuff out. We haven’t.”

Ray Hogg’s experience as a local black gay man and artistic director of Rainbow Stage, is one of finding himself in a homogenous Winnipeg culture, where the environments he works in every day are mainly made up of white people. He attributes this partly to Winnipeg being a small city. “I haven’t directly been on the receiving end of any overt racism in the queer community or any other community in Winnipeg. But I am on the receiving end constantly of systemic racism…. Those who have straight privilege or white privilege or cis privilege… naturally and without thinking, discriminate against me and fail to recognize that they’re doing that.”

Asagwara says the QPOC group is necessary because, “(It) triggers a conversation that people (who are not directly facing the issues) have not been having.”

Hogg would like to see people take the responsibility of actively empathizing. “As a community, the queer community is an oppressed community; it’s a misunderstood community and it’s being discriminated against. And so it behooves us as gay people, or whatever you want to call us all, to think about other marginalized members, and care for them.”

Albert McLeod has seen some of the ways marginalization plays out on the front lines with the most vulnerable, in his work with two-spirit youth.

“For aboriginal youth coming into the (queer) scene, a lot of places they get exploited,” he says.

In his work as a co-director with Two-Spirited People of Manitoba, and the AIDS movement, McLeod has seen a lot. “There’s been a history of many aboriginal youth—they come to the city, they’re HIV-positive within a couple of years, then get discarded and then they move away to other cities, and that’s where they die. It’s life on the very fringes of society.”

Winnipeg is home to the largest urban aboriginal population in Canada, and Manitoba as a whole encompasses the territory of at least 63 First Nations.

Part of Two-Spirited People of Manitoba’s advocacy work is bridge- building between the aboriginal community and broader GLBT* community. The organization also offers workshops to schools and does research on two-spirit people’s experiences.

The intersection of gender and race is a dangerous place to be.

212-12a-making-connectionsTwo Spirit People of Manitoba at Pride Winnipeg 2014. Photo by Albert McLeod.

One academic project published from the research, titled Aboriginal Two-Spirit and LGBTQ Migration, Mobility and Health, draws a parallel: “Colonization is sometimes presented in public policy discourse as a thing of the past.” The result, according to the report, is that indigenous people are rendered invisible and current colonization is ignored and enabled. “Similarly, some people may underestimate the effects of homophobia given the advances that have been made in Canada regarding same-sex rights. Yet the results from this study clearly show the continuing impact of colonization, racism and homophobia on many people’s lives,” reads an excerpt from the study.

“The intersection of gender and race is a dangerous place to be,” says McLeod, quoting a friend.

Denying that racism is a problem in Winnipeg’s queer community can only perpetuate it, says Uzoma, but being willing to feel uncomfortable means being willing to grow.

The QPOC group in Winnipeg will be working hard to bring more events to the community as the year moves ahead. Dance parties, Sunday pickup basketball, open-mic nights and more are in the works.

Uzoma says from there, “We’d like to formally put together a presentation for other LGBTQ organizations… on the unique issues of queer people of colour.”

recognizing racism

Racism isn’t always obvious, but it is always wrong. Here are seven tips to recognizing racism and battling it.

Recognize the difference between centering people of colour and indigenous people’s concerns versus tagging them on. Being truly inclusive means opening up and being willing to transform. It also means taking leadership from queer people of colour and indigenous people.

Show solidarity—don’t date/sleep with people who write things like “no Asians” on their Grindr/ online dating profiles. That’s not a preference, it’s racism.

Recognize that experiences of homophobia and racism compound to make life harder and more limited for the people who experience them. Know that being queer does not make you immune to experiencing white privilege. It is easy for GLBT* people to see homophobia and transphobia, how social systems favour heterosexuals and cis people, and the suffering that causes. Understand how whiteness gives or denies privileges as well.

Do not make statements to the effect that gays are the last oppressed minority. That’s not true. Don’t pit racial and cultural struggles against struggles for GLBT* liberation. The movements are intersected and can make each other stronger.

Recognize that people of colour and indigenous people are not responsible for educating white people about the suffering they experience due to racism. Do your own research and reading and don’t ask invasive questions.

Start conversations about race with your white friends with a focus on creating a supportive space where you can ask questions and make mistakes.

If someone tells you you’ve been racist, don’t take it personally or get defensive. Instead apologize and commit to doing better next time. Take the time to reflect following the incident and learn why it was racist.

fighting racism

Our interview subjects offered the following advice to being more inclusive:

Think about where your organization is located and whether people of colour and indigenous people live there, too. Are you inaccessible, or white-dominated, because of your location?

Know that people of colour and indigenous people are the experts on their own experience. Listen.

Recognize that two-spirit is not necessarily the same as being lesbian, gay or queer. It’s a culturally-specific term from another context. Also, some indigenous people identify primarily as lesbian, gay, transgender, bisexual, etc. Just because someone is aboriginal doesn’t mean they identify as two-spirit.

Know that most racism is subtle and systemic. Overt discrimination does not need to occur for something to be racist.

Expose yourself to diversity.

Ask people of colour and aboriginal people what their needs are and how you can meet those. Take their answers to heart and take action to reflect that.

Hire aboriginal outreach workers in your service organizations, and make sure they are not tokenized. Reflect on what makes or does not make your organization a place people of colour and aboriginal people want to work.

Work on incorporating Elders and elders (seniors) into the GLBT* movement.

Do your homework on language: terms like berdache are colonial terms used by Europeans (and subsequently academics) to refer to gay men and two-spirit people at the time of contact. The term two-spirit is a word used to reframe colonial history, since two-spirit people predate settler society.

Be willing to be nervous and uncomfortable. Crossing the social lines that divide communities and uphold racism takes courage, commitment and time. Forge genuine relationships with people of colour and indigenous people.

Published in OutWords Magazine, Sept. 2014

– Larkin Schmiedl is a writer of German, Scottish and English descent who is committed to social justice and believes privilege at the expense of others hurts everyone.

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