Thursday, October 29, 2009

Tallahassee approves domestic partner benefits, prohibts discrimination based on sexual orientation and gender identity

City OKs benefits for same-sex couples


By TaMaryn Waters
TALLAHASSEE DEMOCRAT STAFF WRITER
October 29, 2009

City Hall chambers erupted in cheers and applause Wednesday after the Tallahassee City Commission unanimously voted to change its benefits policy to include same-sex and domestic partnerships.

That means significant others, no matter their sexual orientation, will be eligible for the same benefits currently available to married couples. The policy change also means a non-married couple that has been together for a number of years is eligible for benefits.

Lisa Pontoriero was among those visibly pleased by the vote.

Pontoriero, a dispatcher for the Tallahassee Police Department, was at the meeting with her partner, Melissa Yown, a TPD sergeant. Their two sons, ages 3 and 4, playfully chased each other as their parents reveled in what they saw as an overdue victory.

She said it's about respecting people's choices.

"It has taken a long time for people to understand that and kind of wrap their brains around the fact that we are people, too," Pontoriero said.

Commissioners also agreed to include sexual orientation and identity under the city's Anti-Discrimination and Anti-Harassment Policies and Procedures.

Travis Parsons, human-relations manager for the city, said Commissioner Andrew Gillum brought the issue up a few months ago during a meeting. Staffers were instructed to look into multiple sources regarding how others cities, including some in Florida, have incorporated a more inclusive approach to their benefits policy.

The city's change will allow city employees to include their partners for health, dental, vision and other benefits coverage.

"It's no different than adding new spouses or new children to their program." Parsons said.

When looking at employers across the country who provided domestic-partner benefits, Parsons said the percentage of employees receiving those benefits is between .5 percent to 2.5 percent. If that average were applied to the city of Tallahassee, Parsons said the benefits could apply to 12 to 57 people.

In an effort to avoid fraud, employees will need to provide some proof for the benefits, such as joint rental leases or a mortgage and joint-bank accounts.

Gillum shared his personal interest in this issue since he has a brother who is gay. And he said he often hears his brother's concerns about being treated as a "second-class citizen."

"I'm just very proud of the Commission today for considering this," Gillum said.

All of the commissioners showed support for this policy change.

"Quite frankly, I was surprised we had not done this a long time ago," Tallahassee Mayor John Marks said. "All individuals should be treated equally."

Commissioner Mark Mustian said, "Seems like basic fairness to me."

In other news, commissioners gave a green light for the city attorney to proceed with an eminent domain lawsuit against University Lofts, an apartment complex, to obtain property on Dewey and Virginia streets for a the Frenchtown storm-water improvement project.

The commission also approved $4 million to initiate a project that would replace a 36-inch diameter pipeline that caused significant sewage damage during Tropical Storm Fay.

Monday, October 19, 2009

Ted Deutch for Congress - GLBT Appeal for Volunteers and Contributions

Dear friends,

A few years ago a friend pulled me aside at an event at Compass, Palm Beach County's gay, lesbian, bisexual and transgender community center. "Let me introduce you to Ted Deutch, a candidate for the Florida Senate, " he said. "You'll like him."

After talking for a few minutes about the Palm Beach County Human Rights Council, Ted asked me why there was no statewide gay rights law.

My response was direct. "We do not have anyone in the Florida Legislature to effectively champion our cause."

Like so many other political candidates over the years, Ted assured me that if we helped get him elected, he could help make it happen.

But Ted actually meant it.

After his first trip to Tallahassee following his election, Ted told me how just much was needed in Tallahassee to move any gay rights legislation forward. "Most of the lawmakers just don't understand the problems the GLBT community faces," Ted told me. "This is going to be a long process and we need to start now."

Ted Deutch first introduced a basic gay rights legislation in 2007. Each year since, he has reintroduced a strong bill. As the 2010 legislative session draws near, Ted continues to work with Equality Florida, the ACLU of Florida, OUT, the Palm Beach County Human Rights Council and other organizations to ensure that this year's GLBT-inclusive civil rights bill will continue to move forward in the Florida legislature.

As a result of Ted's efforts, his gay rights bill was been approved by the Senate Commerce in 2008 with overwhelming bipartisan support. This year, the bill was co-sponsored by a record number of Florida lawmakers.

When Congressman Robert Wexler announced that he would be retiring in January, the Palm Beach County Human Rights Council urged Ted to run for Congress.

Within days of announcing his candidacy, Ted was formally endorsed by the Palm Beach County Human Rights Council.

There is no doubt that once elected to Congress, Ted Deutch will carry on the tradition of his two predecessors - Congressmen Robert Wexler and Harry Johnston - by earning 100% voting records from the Human Rights Campaign (HRC).

Here is where Ted Deutch stands on pending federal legislation of concern to our community.
  • Ted Deutch supports the Employment Nondiscrimination Act (ENDA) and will co-sponsor laws to prohibit GLBT discrimination in housing and public accommodations.
  • Ted Deutch will vote to enact the Military Readiness Enhancement Act which will repeal "Don't Ask, Don't Tell."
  • Ted Deutch not only supports the repeal of the Defense of Marriage Act (DOMA), but also advocates for full marriage equality for gay and lesbians.
  • Ted Deutch supports the Domestic Partnership Benefits and Obligations Act which will provide family benefits for same-sex domestic partners of federal employees.
  • Ted Deutch will also help enact the Tax Equity for Health Plan Beneficiaries Act. When passed into law, this law will equalize tax treatment for employer-provided health coverage for domestic partners.
  • Ted Deutch supports the Uniting American Families Act so that allow Americans in long-term relationships will be able to sponsor their partners for U.S. citizenship.
And rest assured, Ted Deutch will be one of the strongest supporters in the U.S. House of Representatives to increase funding for HIV/AIDS education, treatment and research.

Now that you know why the Palm Beach County Human Rights Council is supporting Ted Deutch for Congress, you need to help elect Ted to Congress.

Ted's campaign needs you to contribute today. Whether you can afford $10, $100, $1000 or more please click here to contribute.

Or mail your check to:

Ted Deutch For Congress Campaign Committee
20423 State Road 7, Suite F6-383
Boca Raton, Florida 33498

To volunteer online for Ted's campaign , click here.

Thank you in advance for supporting Ted Deutch, Democratic Candidate for U.S. house of Representatives - 19th Congressional District.


Judge Rand Hoch (retired)
President and Founder
Palm Beach County Human Rights Council


Paid for and approved by Ted Deutch for Congress Committee

Ted Deutch for Congress - GLBT appeal

Dear friends,

A few years ago a friend pulled me aside at an event at Compass, Palm Beach County's gay, lesbian, bisexual and transgender community center. "Let me introduce you to Ted Deutch, a candidate for the Florida Senate, " he said. "You'll like him."

After talking for a few minutes about the Palm Beach County Human Rights Council, Ted asked me why there was no statewide gay rights law.

My response was direct. "We do not have anyone in the Florida Legislature to effectively champion our cause."

Like so many other political candidates over the years, Ted assured me that if we helped get him elected, he could help make it happen.

But Ted actually meant it.

After his first trip to Tallahassee following his election, Ted told me how just much was needed in Tallahassee to move any gay rights legislation forward. "Most of the lawmakers just don't understand the problems the GLBT community faces," Ted told me. "This is going to be a long process and we need to start now."

Ted Deutch first introduced a basic gay rights legislation in 2007. Each year since, he has reintroduced a strong bill. As the 2010 legislative session draws near, Ted continues to work with Equality Florida, the ACLU of Florida, OUT, the Palm Beach County Human Rights Council and other organizations to ensure that this year's GLBT-inclusive civil rights bill will continue to move forward in the Florida legislature.

As a result of Ted's efforts, his gay rights bill was been approved by the Senate Commerce in 2008 with overwhelming bipartisan support. This year, the bill was co-sponsored by a record number of Florida lawmakers.

When Congressman Robert Wexler announced that he would be retiring in January, the Palm Beach County Human Rights Council urged Ted to run for Congress.

Within days of announcing his candidacy, Ted was formally endorsed by the Palm Beach County Human Rights Council.

There is no doubt that once elected to Congress, Ted Deutch will carry on the tradition of his two predecessors - Congressmen Robert Wexler and Harry Johnston - by earning 100% voting records from the Human Rights Campaign (HRC).

Here is where Ted Deutch stands on pending federal legislation of concern to our community.
  • Ted Deutch supports the Employment Nondiscrimination Act (ENDA) and will co-sponsor laws to prohibit GLBT discrimination in housing and public accommodations.
  • Ted Deutch will vote to enact the Military Readiness Enhancement Act which will repeal "Don't Ask, Don't Tell."
  • Ted Deutch not only supports the repeal of the Defense of Marriage Act (DOMA), but also advocates for full marriage equality for gay and lesbians.
  • Ted Deutch supports the Domestic Partnership Benefits and Obligations Act which will provide family benefits for same-sex domestic partners of federal employees.
  • Ted Deutch will also help enact the Tax Equity for Health Plan Beneficiaries Act. When passed into law, this law will equalize tax treatment for employer-provided health coverage for domestic partners.
  • Ted Deutch supports the Uniting American Families Act so that allow Americans in long-term relationships will be able to sponsor their partners for U.S. citizenship.
And rest assured, Ted Deutch will be one of the strongest supporters in the U.S. House of Representatives to increase funding for HIV/AIDS education, treatment and research.

Now that you know why the Palm Beach County Human Rights Council is supporting Ted Deutch for Congress, you need to help elect Ted to Congress.

Ted's campaign needs you to contribute today. Whether you can afford $10, $100, $1000 or more please click here to contribute.

Or mail your check to:

Ted Deutch For Congress Campaign Committee
20423 State Road 7, Suite F6-383
Boca Raton, Florida 33498

To volunteer online for Ted's campaign , click here.

Thank you in advance for supporting Ted Deutch, Democratic Candidate for U.S. house of Representatives - 19th Congressional District.


Judge Rand Hoch (retired)
President and Founder
Palm Beach County Human Rights Council

Sunday, October 18, 2009

Twenty Senate Democrats Still Haven’t Co-Sponsored ENDA. That’s Embarrassing.Bill Nelson, Do you hear us?




Earlier this summer, Senators Jeff Merkley, Susan Collins, and Olympia Snowe introduced the Employment Non-Discrimination Act (ENDA) in the U.S. Senate, a bill that (if passed) would prohibit workplace discrimination based on sexual orientation, gender identity, or disability. It's a bill that LGBT rights activists have pursued for more than a decade, and the general consensus is that the bill stands its best chance of passing during this session of Congress than at any other time in history.

Which is why it's downright surprising -- not to mention a little disappointed -- that 20 Democrats in the U.S. Senate haven't ponied up to support the bill. Among those Democrats include some of the stars of the progressive netroots, including Sen. Claire McCaskill, Sen. Jim Webb, Sen. Kay Hagan, and Sen. Jon Tester. They oughta know better.

Chris Geidner over at LawDork breaks down the 20 U.S. Senators who haven't signed on to support the bill, and notes that it's disappointing more of these folks haven't joined the ENDA club. That includes Senators from states as blue as Wisconsin and Delaware.

It's no secret that LGBT issues make Democrats in some parts of the country squeamish. But come on, there's nothing squeamish about standing up against discrimination in the workplace. And if Senators like Mary Landrieu (D-LA), who come from some of the reddest territory in the country, can support ENDA, then there's no reason Claire McCaskill or Kay Hagan or any of the like can't, either.

Check out the 20 U.S. Senators below who've not come through on this issue yet, and if you haven't already, sign this petition on change.org encouraging the U.S. Senate to pass ENDA legislation this year. Passing ENDA is a priority for the Obama administration. But the U.S. Senate has to come through for the White House first, and it's our job to pressure them to do so.

(The 20 U.S. Senators, and their phone numbers, who have yet to sign on as a co-sponsor of ENDA.)

  • Baucus, MT – (202) 224-2651
  • Bayh, IN – (202) 224-5623
  • Begich, AK – (202) 224-3004
  • Byrd, WV – (202) 224-3954
  • Carper, DE – (202) 224-2441
  • Conrad, ND – (202) 224-2043
  • Dorgan, ND – (202) 224-2551
  • Hagan, NC – (202) 224-6432
  • Johnson, T., SD – (202) 224-5842
  • Kaufman, DE – (202) 224-5042
  • Kohl, WI – (202) 224-5653
  • Lincoln, AR – (202) 224-4843
  • McCaskill, MO – (202) 224-6154
  • Nelson, Bill, FL – (202) 224-5274
  • Nelson, Ben, NE – (202) 224-6551
  • Pryor, AR – (202) 224-2353
  • Rockefeller, WV – (202) 224-6472
  • Tester, MT – (202) 224-2644
  • Warner, M., VA – (202) 224-2023
  • Webb, VA – (202) 224-4024

Friday, October 9, 2009

NAACP Chair Julian Bond on Marching for LGBT Rights

Rights to be Won

By Julian Bond
The Washington Post
Friday, October 9, 2009

The civil rights struggle for legal equality in America today is no less necessary, nor worthy, than a similar struggle fought by blacks several decades ago. Now, as then, Americans are denied rights simply because of who they are. When lesbian, gay, bisexual and transgender Americans gather in Washington on Sunday for the National Equality March, they will invoke the unfulfilled promise in our Constitution that they, too, are due equal protection under the law.

I will join them in their march because I believe in their equality and believe in the 14th Amendment of the Constitution that promises to protect it. I will join them because the humanity of all people is diminished when any class of people is denied privileges granted to others. I will join them because I know that when heterosexuals stand up and call for justice alongside their lesbian, gay, bisexual and transgender brothers and sisters, the sooner justice will come.

In the ugly days of racial segregation, we had a dream. In August 1963 we came to Washington and declared that dream to the nation. Among us that day were LGBT Americans such as Bayard Rustin, the chief organizer of the '63 March on Washington for Jobs and Freedom. His homosexuality caused discomfort among some leaders of the day, and they played down his role in the march. But his heroic work has served as a model for civil rights organizers ever since.

We can no longer pretend that civil rights do not include rights for lesbian, gay, bisexual and transgender Americans. Flimsy justifications for anti-LGBT bias are giving way to evidence that society is strengthened, not weakened, when LGBT people are given equal protection under the law. Where they are free to marry those they love, the sky has not fallen. Where they cannot be denied employment and housing simply because of who they are, the sky has not fallen. Where they serve nobly in the military without the burden of secrecy, the sky has not fallen. Rather, when all people are free to live up to their full potential, all of society benefits. Yet the United States still permits all these forms of discrimination.

And this is why we must march.

My friend Coretta Scott King said in 2000: "Freedom from discrimination based on sexual orientation is surely a fundamental human right in any great democracy, as much as freedom from racial, religious, gender or ethnic discrimination." That is why the NAACP resolved several years ago that "we shall pursue all legal and constitutional means to support non-discriminatory policies and practices against persons based on race, gender, sexual orientation, nationality or cultural background."

The civil rights movement has achieved tremendous victories in past decades, and so we must again. The bias against LGBT people tolerated in this land, even at the end of the first decade of the new millennium, is ugly. We must create a better future, which will give us a past upon which we can look back and be proud. This weekend, those who believe in the ideals of our Constitution, those who have a dream that we will one day live in a nation where people will be judged not by whom they love but by the content of their character, and those who stand up for their ideals can be proud that they stood up and spoke out for justice.

The writer, a professor of history at the University of Virginia and distinguished professor in residence at American University, is board chairman of the National Association for the Advancement of Colored People.

Monday, October 5, 2009

The High Price of Being a Gay Couple

Your Money

The High Price of Being a Gay Couple

The New York Times
October 2, 2009

Much of the debate over legalizing gay marriage has focused on God and Scripture, the Constitution and equal protection.

But we see the world through the prism of money. And for years, we’ve heard from gay couples about all the extra health, legal and other costs they bear. So we set out to determine what they were and to come up with a round number — a couple’s lifetime cost of being gay.

It was much more complicated than we initially imagined, and that’s probably why we’ve never seen similar efforts. We looked at benefits that routinely go to married heterosexual couples but not to gay couples, like certain Social Security payments. We plotted out the cost of health insurance for couples whose employers don’t offer it to domestic partners. Even tax preparation can cost more, since gay couples have to file two sets of returns. Still, many couples may come out ahead in one area: they owe less in income taxes because they’re not hit with the so-called marriage penalty.

Our goal was to create a hypothetical gay couple whose situation would be similar to a heterosexual couple’s. So we gave the couple two children and assumed that one partner would stay home for five years to take care of them. We also considered the taxes in the three states that have the highest estimated gay populations — New York, California and Florida. We gave our couple an income of $140,000, which is about the average income in those three states for unmarried same-sex partners who are college-educated, 30 to 40 years old and raising children under the age of 18.

Here is what we came up with. In our worst case, the couple’s lifetime cost of being gay was $467,562. But the number fell to $41,196 in the best case for a couple with significantly better health insurance, plus lower taxes and other costs.

These numbers will vary, depending on a couple’s income and circumstance. Gay couples earning, say, $80,000, could have health insurance costs similar to our hypothetical higher-earning couple, but they might well owe more in income taxes than their heterosexual counterparts. For wealthy couples with a lot of assets, on the other hand, the cost of being gay could easily spiral into the millions.

Nearly all the extra costs that gay couples face would be erased if the federal government legalized same-sex marriage. One exception is the cost of having biological children, but we felt it was appropriate to include this given our goal of outlining every cost gay couples incur that heterosexual couples may not.

Our analysis is not exact science. Not every couple would get married if they could, and others would not want to have children. We also made a number of assumptions based on average costs, life spans, state of residence and gender.

Our gay family is made up of two women living in New York State in a committed partnership that lasts 46 years, until the first partner dies at age 81. We ran two sets of calculations: in the one that turned out to be our worst case financially, one woman earned $110,000 and the other $30,000. In our second couple, both partners earned $70,000. We started running the numbers when both were age 35.

We received assistance from Roberton Williams, a senior fellow at the Tax Policy Center, who performed our tax analysis, which required simulating more than 900 income tax returns, in part because we followed the partners for 50 years. We also decided to run all scenarios across the three states so that the results would not be skewed by different state taxes. We’ve outlined all the detail in a workbook linked to the online version of this column.

As for the emotional costs of living with these added complexities, they can’t be quantified. Frederick Hertz, a lawyer in Oakland, Calif., who works with same-sex couples, likens heterosexual marriage to being in the car pool lane. “Being part of a same-sex couple, it’s always stop. Wait. Pay a toll,” he said.

Harvey Hurdle, who lives in Philadelphia with his partner and their young son, said he was reminded of the disparities every time his Social Security statement arrived in the mail. “It’s pretty insulting,” he said. “It says your spouse would get this much. And it’s like, ‘Oh no he won’t!’ ”

Health Insurance

In our worst case, the lower earner’s employer did not provide health insurance and her partner’s employer didn’t cover domestic partners. So the lower earner had to buy coverage on the private market, while the higher-earning partner provided coverage for herself and the two children. All this cost the gay couple $211,993 more than their heterosexual married counterparts, who were able to take advantage of the higher-earner’s family coverage.

In our best case, health coverage cost the gay couple $28,595 more. We assumed both gay partners were eligible for employer-provided coverage. The higher-earner’s employer also provided domestic partner coverage, which covered her partner for the five years she stayed at home. When she returned to work, she used her own employer’s insurance.

Even though the couple paid nearly $29,000 more in premiums than an identical heterosexual married couple, it was cheaper than using domestic partnership coverage throughout because of the onerous tax implications, according to Mr. Williams of the Tax Policy Center. A nondependent partner’s coverage is taxable income, and she can’t use pretax dollars to pay the premiums, according to Todd A. Solomon, a partner in the employee benefits department of McDermott Will & Emery in Chicago.

Social Security

All our hypothetical individuals started collecting Social Security when they were 66. Same-sex couples are not entitled to a variety of Social Security benefits, including spousal benefits (heterosexual spouses can receive up to 50 percent of a spouse’s benefits while the spouse is alive, if they are higher than their own); survivor benefits (surviving spouses can receive their deceased spouse’s benefits in lieu of their own, if they are higher); and a flat death benefit of $255.

In the worst case, the gay partner who earned $30,000 could not receive higher spousal benefits or survivor benefits from her partner’s much higher earnings record. Nor was she entitled to the death benefit. In total, the gay women collected $88,511 less in Social Security than a similar heterosexual couple. Some couples might try to buy life insurance in an attempt to replace the benefit.

In our best case, when the gay partners had largely identical incomes, neither was at a huge disadvantage because they ended up with about the same monthly benefits. So the only extra benefit a heterosexual married couple received was the $255 death benefit.

Estate Taxes

Heterosexual married couples can transfer an unlimited amount of assets to each other during their lives and at death without paying estate taxes. Everyone else, including married same-sex couples, must pay federal estate taxes on amounts that exceed the 2009 exemption of $3.5 million. Many states also levy their own estate or inheritance taxes, though same-sex couples may be shielded from those in states that recognize their unions. Our couple lived in New York, where the estate tax exemption is $1 million. And though New York recognizes marriages performed elsewhere, that recognition does not extend to state income or estate taxes.

In our worst case, the gay partner who died first in 2055 left an estate that exceeded the state’s threshold by $171,528. That meant a tax bill of $43,378, according to Ron L. Meyers, an estate-planning lawyer with a significant same-sex clientele at Cane, Boniface & Meyers in Nyack, N.Y.

Meanwhile, their identical heterosexual counterparts owed nothing.

The gay couple in our best case had a smaller estate, in part because they were careful to title their home as tenants-in-common, so only the deceased partner’s half of the home was taxable. The estate didn’t exceed the federal or state threshold. So they owed nothing.

Childbearing

Two women who want to have a biological child together need sperm to do it. They may need to purchase sperm from a bank and use a medical professional to inseminate one of the partners. There are also adoption costs.

The worst case here totaled $40,000. It included 12 months of sperm and insemination costs, but the big wild card was the possible need to move to a state where same-sex second-parent adoptions were legal. While this may seem extreme, couples often do it, according to Joyce Kauffman, a lawyer in Cambridge, Mass., who has worked with many of them. We estimated a minimum of $20,000 for this cost, including real estate brokerage fees to sell a home and moving costs.

In the best case, there might be no cost at all: the couple could use sperm from a relative of the partner who isn’t bearing the child or from a friend, inseminate at home and take their chances with free legal forms on the Web. Ms. Kaufman does not recommend such a cavalier approach to vital documents.

The cost for men to have a biological child would be much higher if they used a surrogate.

Pension

We assumed that one partner, in both best and worst cases, received a small pension. In both cases, the partner with the pension plan died first.

Employers do not have to provide survivor pension benefits to a same-sex spouse, but many do anyway (which would put our best case at $0). In our worst case, however, the higher-earning partner died first and did not work for such a company. So the surviving partner got nothing. A similarly situated heterosexual surviving spouse would receive $32,253 before dying herself several years later.

Spousal I.R.A.

You generally need to earn income to contribute to an Individual Retirement Account. But heterosexual married couples can contribute up to $5,000 annually to a spousal I.R.A. for a nonworking spouse. Stay-at-home gay partners, however, cannot make these contributions. So they end up with smaller retirement accounts.

We assumed that all the couples would have either saved 7 percent of the stay-at-home parent’s previous year’s salary, or $5,000, the maximum contribution. So the gay couple with one partner who started out earning just $30,000 would have saved less (had she been legally able to) than someone earning $70,000. In both cases, that five-year gap in savings early on in the partners’ lives haunted them later because they weren’t able to benefit from decades of compounding returns.

The couple with the lower-earning partner at home ended up $48,654 behind by the time that partner died, assuming she invested in a portfolio mixed equally between stocks and bonds that returned 5.94 percent annually. The surviving spouse from the gay couple with equal incomes ended up $112,192 behind.

Tax Preparation

Instead of filing one joint federal tax return and one state income tax return, same-sex couples must file two sets of returns. In both best and worst cases, those couples paid an additional $12,300 in tax preparation fees over the 46 years they are together.

Financial Planning

Even married same-sex couples are encouraged to create a number of documents that try to replicate the protections and rights of heterosexual marriage because their unions are not universally recognized. In the worst case, our gay couple spent $5,500 more than their heterosexual counterparts on their additional paperwork. That included a revocable living trust, which is more difficult to contest than a will, and what is known as a pour-over will, which ensured that anything left out of the trust would be included. They also each set up financial powers of attorney, health care proxies, living wills and a domestic partnership agreement.

In the best case, our couple didn’t spend any more than a prudent heterosexual couple would. Both couples created two wills, financial powers of attorney, health care proxies and living wills.

Income Taxes

Married heterosexual couples with two working spouses with similar incomes often pay more in federal taxes than if they remained single because of the so-called marriage penalty. This occurs when a couple’s combined income pushes them into a higher tax bracket than they would have been in if they filed as singles. But some couples — especially those with a wide disparity in income or with a stay-at-home parent — usually pay less when they file jointly. They benefit from what’s known as a marriage bonus.

In our worst case, where one gay partner earned $110,000 and one earned $30,000, the couple paid $15,027 less in taxes over their lifetimes than their heterosexual counterparts.

Though the gay and heterosexual married couple had identical salaries, the married couple collected more income in retirement — a direct result of their marriage status — and thus owed more in taxes (though they still benefited from the marriage bonus). For instance, the married couple collected higher Social Security spousal benefits and survivor benefits, pension income and income derived from a spousal I.R.A. The gay couples weren’t entitled to any of these benefits.

In our best case, where the partners each earned $70,000, the gay couple paid $112,146 less in income taxes. “That is the marriage penalty rearing its ugly head,” Mr. Williams said.


Wednesday, September 23, 2009

Coming Out in Middle School

September 23, 2009

Austin didn’t know what to wear to his first gay dance last spring. It was bad enough that the gangly 13-year-old from Sand Springs, Okla., had to go without his boyfriend at the time, a 14-year-old star athlete at another middle school, but there were also laundry issues. “I don’t have any clean clothes!” he complained to me by text message, his favored method of communication.

Austin, 13, near his school in Oklahoma.


When I met up with him an hour later, he had weathered his wardrobe crisis (he was in jeans and a beige T-shirt with musical instruments on it) but was still a nervous wreck. “I’m kind of scared,” he confessed. “Who am I going to talk to? I wish my boyfriend could come.” But his boyfriend couldn’t find anyone to give him a ride nor, Austin explained, could his boyfriend ask his father for one. “His dad would give him up for adoption if he knew he was gay,” Austin told me. “I’m serious. He has the strictest, scariest dad ever. He has to date girls and act all tough so that people won’t suspect.”

Austin doesn’t have to play “the pretend game,” as he calls it, anymore. At his middle school, he has come out to his close friends, who have been supportive. A few of his female friends responded that they were bisexual. “Half the girls I know are bisexual,” he said. He hadn’t planned on coming out to his mom yet, but she found out a week before the dance. “I told my cousin, my cousin told this other girl, she told her mother, her mother told my mom and then my mom told me,” Austin explained. “The only person who really has a problem with it is my older sister, who keeps saying: ‘It’s just a phase! It’s just a phase!’ ”

Austin’s mom was on vacation in another state during my visit to Oklahoma, so a family friend drove him to the weekly youth dance at the Openarms Youth Project in Tulsa, which is housed in a white cement-block building next to a redbrick Baptist church on the east side of town. We arrived unfashionably on time, and Austin tried to park himself on a couch in a corner but was whisked away by Ben, a 16-year-old Openarms regular, who gave him an impromptu tour and introduced him to his mom, who works the concession area most weeks.

Openarms is practically overrun with supportive moms. While Austin and Ben were on the patio, a 14-year-old named Nick arrived with his mom. Nick came out to her when he was 12 but had yet to go on a date or even kiss a boy, which prompted his younger sister to opine that maybe he wasn’t actually gay. “She said, ‘Maybe you’re bisexual,’ ” Nick told me. “But I don’t have to have sex with a girl to know I’m not interested.”

Ninety minutes after we arrived, Openarms was packed with about 130 teenagers who had come from all corners of the state. Some danced to the Lady Gaga song “Poker Face,” others battled one another in pool or foosball and a handful of young couples held hands on the outdoor patio. In one corner, a short, perky eighth-grade girl kissed her ninth-grade girlfriend of one year. I asked them where they met. “In church,” they told me. Not far from them, a 14-year-old named Misti — who came out to classmates at her middle school when she was 12 and weathered anti-gay harassment and bullying, including having food thrown at her in the cafeteria — sat on a wooden bench and cuddled with a new girlfriend.

Austin had practically forgotten about his boyfriend. Instead, he was confessing to me — mostly by text message, though we were standing next to each other — his crush on Laddie, a 16-year-old who had just moved to Tulsa from a small town in Texas. Like Austin, Laddie was attending the dance for the first time, but he came off as much more comfortable in his skin and had a handful of admirers on the patio. Laddie told them that he came out in eighth grade and that the announcement sent shock waves through his Texas school.

“I definitely lost some friends,” he said, “but no one really made fun of me or called me names, probably because I was one of the most popular kids when I came out. I don’t think I would have come out if I wasn’t popular.”

“When I first realized I was gay,” Austin interjected, “I just assumed I would hide it and be miserable for the rest of my life. But then I said, ‘O.K., wait, I don’t want to hide this and be miserable my whole life.’ ”

I asked him how old he was when he made that decision.

“Eleven,” he said.

As the dance wound down and the boys waited for their rides home, I joined Tim Gillean, one of Openarms’s founders, in the D.J. booth, where he was preparing to play the Rihanna song “Disturbia.” An affable 52-year-old with wire-rimmed glasses and salt-and-pepper hair, he founded Openarms in 2002 with his longtime partner, Ken Draper. In addition to the weekly dances, the couple lead discussion groups every Thursday — about self-esteem, healthy relationships and H.I.V./AIDS.

Support: Austin, a gay 15-year-old from Michigan, with his mother, Nadia.


When I asked Gillean if he ever expected kids as young as Nick and Austin to show up at Openarms, he chuckled and shook his head. Like many adult gay men who came out in college or later, Gillean couldn’t imagine openly gay middle-school students. “But here they are,” he said, looking out over the crowd. “More and more of them every week.”

I heard similar accounts from those who work with gay youth all across the country. Though most adolescents who come out do so in high school, sex researchers and counselors say that middle-school students are increasingly coming out to friends or family or to an adult in school. Just how they’re faring in a world that wasn’t expecting them — and that isn’t so sure a 12-year-old can know if he’s gay — is a complicated question that defies simple geographical explanations. Though gay kids in the South and in rural areas tend to have a harder time than those on the coasts, I met gay youth who were doing well in socially conservative areas like Tulsa and others in progressive cities who were afraid to come out.

What is clear is that for many gay youth, middle school is more survival than learning — one parent of a gay teenager I spent time with likened her child’s middle school to a “war zone.” In a 2007 survey of 626 gay, bisexual and transgender middle-schoolers from across the country by the Gay, Lesbian, and Straight Education Network (Glsen), 81 percent reported being regularly harassed on campus because of their sexual orientation. Another 39 percent reported physical assaults. Of the students who told teachers or administrators about the bullying, only 29 percent said it resulted in effective intervention.

A middle-school counselor in Maine summed up the view of many educators I spoke to when she conceded that her school was “totally unprepared” for openly gay students. “We always knew middle school was a time when kids struggle with their identity,” she told me, “but it was easy to let anti-gay language slide because it’s so imbedded in middle-school culture and because we didn’t have students who were out to us or their classmates. Now we do, so we’re playing catch up to try to keep them safe.”

As a response to anti-gay bullying and harassment, at least 120 middle schools across the country have formed gay-straight alliance (G.S.A.) groups, where gay and lesbian students — and their straight peers — meet to brainstorm strategies for making their campus safer. Other schools are letting students be part of the national Day of Silence each April (participants take a vow of silence for a day to symbolize the silencing effect of anti-gay harassment), which last year was held in memory of Lawrence King, a 15-year-old gay junior-high student in Oxnard, Calif., who was shot and killed at school by a 14-year-old classmate.

Both G.S.A.’s and the Day of Silence have been controversial in places, as some parents and faculty members object to what they see as the promotion of homosexuality in public schools and the “premature sexualization of the students,” as a lawyer for a school in central Florida that was fighting the creation of a G.S.A. put it. But there is a growing consensus among parents and middle-school educators that something needs to be done to curb anti-gay bullying, which a 2008 study at an all-male school by researchers at the University of Nebraska and Harvard Medical School found to be the most psychologically harmful type of bullying.

“I certainly don’t believe school districts should force a sexual agenda on the community,” says Finn Laursen, the executive director of the Christian Educators Association International, “but we can’t just put our heads in the sand and ignore the kind of harassment that’s going on.”

The challenging school experience of so many gay and lesbian students — and the suicides last spring of a sixth grader in Massachusetts and a fifth grader in Georgia, both of whom were relentlessly bullied at school for appearing gay — reinforces the longtime narrative of gay youth in crisis. Studies in the ’80s and ’90s found gay teenagers to be at a significantly higher risk for depression, substance abuse and suicide than their heterosexual peers.

When I went to work in 1998 for XY, a national magazine for young gay men, we received dozens of letters each week from teenagers in the depths of despair. Some had been thrown out by their families; others lived at home but were reminded often that they were intrinsically flawed. My arrival at XY (at 23, I was only three years out of the closet myself) coincided with the founding of the Trevor Project, which runs a national 24-hour crisis and suicide hot line for gay and questioning youth, and with the firstlarge wave of G.S.A.’s in high schools. (They are now in more than 4,000 high schools, according to Glsen.)

But by the time I stopped writing for the magazine nearly three years later, the content of the letters we received was beginning to change. A new kind of gay adolescent was appearing on the page — proud, resilient, sometimes even happy. We profiled many of them in the magazine, including a seventh grader in suburban Philadelphia who was out to his classmates and a high-school varsity-football player from Massachusetts who came out to his teammates and was shocked to find unconditional support.

That’s not to say that gay teenagers didn’t still suffer harassment at school or rejection at home, but many seemed less burdened with shame and self-loathing than their older gay peers. What had changed? Not only were there increasingly accurate and positive portrayals of gays and lesbians in popular culture, but most teenagers were by then regular Internet users. Going online broke through the isolation that had been a hallmark of being young and gay, and it allowed gay teenagers to find information to refute what their families or churches sometimes still told them — namely, that they would never find happiness and love.

Today, nearly a decade after my time at XY, young people with same-sex attractions are increasingly coming out and living lives that would be “nearly incomprehensible to earlier generations of gay youth,” Ritch Savin-Williams writes in his book “The New Gay Teenager.” A professor of developmental psychology at Cornell University, Savin-Williams told me recently that being young and gay is no longer an automatic prescription for a traumatic childhood.

In particular, openly gay youth who are perceived as conforming to adolescent gender norms are often fully integrated into their peer and school social circles. Girls who come out as bisexual but are still considered “feminine” are often immune from harassment, as are some gay boys, like Laddie, who come out but are still considered “masculine.” “Bisexual girls have it the easiest,” Austin told me in Oklahoma. “Most of the straight guys at school think that’s hot, so that can make the girl even more popular.”

Still, the younger they are when they come out, the more that youth with same-sex attractions face an obstacle that would be unimaginable to their straight peers. When a 12-year-old boy matter-of-factly tells his parents — or a school counselor — that he likes girls, their reaction tends not to be one of disbelief, dismissal or rejection. “No one says to them: ‘Are you sure? You’re too young to know if you like girls. It’s probably just a phase,’ ” says Eileen Ross, the director of the Outlet Program, a support service for gay youth in Mountain View, Calif. “But that’s what we say too often to gay youth. We deny them their feelings and truth in a way we would never do with a heterosexual young person.”

I was guilty of my share of that, too, the first time I met Kera — then a 12-year-old seventh grader — and her 13-year-old best friend, Justin, last spring in a city in New England. Kera had small, delicate features. Justin had freckles and braces. They seemed like kids. Yet there they were at a bookstore coffee shop after school, talking nonchalantly — when they weren’t giggling uncontrollably about one of their many inside jokes, that is — about their sexual identities. Kera said she was bisexual. Justin said he was gay. The effect was initially surreal to me, and before long I heard myself blurt out, “But you’re so young!”

My reaction surprised me. After all, I’d known on some level that I was gay when I was their age. If I were growing up today, it’s possible that I would feel emboldened enough to confide in my parents, or at least a close friend, that I was gay. I’d also spent the morning of my visit reading a handful of studies about when gay and lesbian youth first report an awareness of same-sex attraction. Though most didn’t self-identify as gay or lesbian until they were 14, 15 or 16, the mean age at which they first became aware of that attraction was 10. Boys tended to be aware about a year earlier than girls. (Of course, not all kids with same-sex attractions go on to self-identify as gay.)

Those findings are consistent with what many adult gay men have been reporting for years: they may not have come out until adulthood, but they knew they were attracted to the same sex as early as elementary or middle school. Kera and Justin knew that, too, but they’re among the first generation of young gay adolescents to take on an identity that many parents and educators associate with adult lifestyle choices.

Kera says she was 10 when she realized she was interested in both sexes. “It was confusing for a while, because for some reason I thought that you had to be straight or gay, and that you couldn’t be both,” she told me at the coffee shop. “So I thought about it a lot, like I do about everything, and I went online and looked up bisexuality to read more about it. I realized that was me.”

She told her mom soon after (more on that later) and then came out to her close friends at school, including Justin, who she had suspected was gay. Last year, the entire school found out when she briefly dated a female classmate. “We didn’t think we had anything to be ashamed of, so we didn’t want to go around hiding,” she told me. “It was a whole big drama at school. Some guys made fun of us, others hit on us. Most middle-school guys are total, complete morons.”

Though he wishes he could be as “brave” as Kera, Justin is out to only a few friends at school. “I lie when people ask me if I’m gay,” he told me. “Sometimes they leave me alone after that, but other times they still call me names.”

Kera doesn’t back down when someone harasses her or one of her gay friends. “I don’t want to be a bully back, but if I get mad, I will say mean things back,” she told me, adding that she has gotten into two fights at school.

Middle school was even worse last year for another boy named Austin, who lives in a small town in Michigan. A tall, heavyset 15-year-old now in his first year of high school, Austin said his eighth-grade classmates regularly called him the “gay freak.” They groped themselves in front of him. Not a day went by when someone didn’t call him a “fag,” sometimes with teachers present. And at a football game last fall, several classmates forced him off the bleachers because it wasn’t “the queer section.”

“I would have preferred that he not come out in school, but he wanted to be honest — he wanted to be true to himself,” Austin’s mother, Nadia, told me. “So I took a job as the lunch lady at school because I felt like I needed to be his bodyguard. It seems like I spent the entire year in the principal’s office trying to get them to protect my son. But they would say things like, ‘Well, what did he do to provoke them?’ We live in a very conservative area with very vocal parents, and I believe the school didn’t want to be seen as going out of their way at all to protect a gay student.”

The school’s principal would not comment specifically about Austin, but he insisted that the school “does not tolerate harassment and bullying of any kind.” He did concede that teachers don’t react to anti-gay language as consistently as he would like, which is something I also heard from a counselor at Kera’s school. “We have veteran teachers who have been teaching for 25 years, and some just see the language as so imbedded in the language of middle-schoolers that it’s essentially unchangeable,” she said. “Others are afraid to address the language because they feel like it would mean talking about sexuality, which they aren’t comfortable doing in a middle school setting.”

Jennifer Mathieu Blessington, who teaches at Johnston Middle School in Houston, said she has been forced to address the issue in her class. “Many boys at that age are so unsure of themselves and are incredibly worried about being perceived as gay, so they call everything and everyone else gay,” she told me. She relayed to me a recent incident when a boy in her class held up a book with a pink cover and said he wouldn’t want to read it because it “looks gay.” “Everyone in the class started laughing like it was the funniest thing they’d ever heard,” Blessington continued, “but I said: ‘We don’t use the word “gay” in a negative way in this classroom. Gay people are human beings, and that’s the way we talk about them in here. Is that understood?’ ”

By far the most common usage of the word “gay” in middle schools is in the expression “that’s so gay,” a popular adolescent phrase that means that something is dumb or lame. The phrase has become so ubiquitous in the culture of the average middle school that even friends of gay students sometimes use it. Still, the expression is offensive to many, and last year Glsen and the Ad Council embarked on a media campaign to combat it. (Glsen would have preferred to go after more incendiary language, “but broadcasters would be very reluctant to let us say the word ‘faggot’ on television,” Eliza Byard, Glsen’s executive director, told me.)

Though the commercials (featuring the celebrities Hilary Duff and Wanda Sykes) are aimed at teenagers, many of those who work with gay youth say that teachers also need to get the message. “Teachers would never let students say, ‘That’s so black,’ ” says Eileen Ross from the Outlet Program in Mountain View, “but I’ve had teachers look at me like I’m crazy when I suggest that they should say something to a student who says ‘that’s so gay.’ They’ll say, ‘If I have to stop what I’m doing every time a student says that, I won’t have any time to teach!’ ”

A few years ago, when I first heard from educators that young adolescents were coming out of the closet, I visited a middle school in Northern California where three eighth graders (a gay boy named Justin and two heterosexual girls, Alison and Amelia) took me on a tour of the school. They wanted to show me how many students were gay, bisexual or “confused,” but they wanted to do it discreetly — or as discreetly as middle-schoolers can.

All three were members of the school’s G.S.A. “Even though this is a liberal area,” Alison explained, “it’s still hard to be gay at this school. Most people won’t even come to G.S.A. meetings because they don’t want people other than their close friends to know they’re gay or lesbians, even though straight people also come to meetings. I get called a lesbian all the time even though I’m not.” She continued, “People are totally paranoid.” She suggested that they “come up with some code words on the down low so we can tell you what’s up without anyone knowing what we’re saying!” (They settled on “paw” for gay and “woof” for bisexual.)

As we walked past the gym, a group of boys came rushing out. Justin pointed to a short, muscular eighth grader in a baseball cap. “Paw!” he said.

Alison looked surprised. “Isn’t he a woof?”

“No, he just thinks he’s a woof,” Justin said.

Amelia looked confused. “What does woof mean again?”

A minute later, they fixed their gaze on a boy sitting against a wall listening to his iPod. “Paw,” Alison told me. “I mean woof!”

“Yeah, he’ll make out with anyone,” Justin confirmed. “Totally bisexual.”

“No, he’s not!” Amelia said, apparently distraught by the news.

“Oh, stop getting all mad just ’cause you like him,” Alison told her. “Everyone knows he’s a woof.”

After pointing out a handful of girls who are “definitely woofs,” Alison turned to me and recalled a recent “lesbian moment” of hers. “I totally had the hots for this girl in ‘Jesus Christ Superstar,’ ” she said with a giggle. “I was, like, ‘Whoa, I’m really attracted to you right now!’ ”

“Jesus was hot in that, too,” Justin offered.

Midway through our tour we were joined by Sayre, a handsome and soft-spoken 12-year-old. Sayre was one of the few students at the school who was out to everyone, which had earned him the respect of the G.S.A.’s dozen or so members. “I really admire him,” Justin told me as we walked. “I’ve only come out to my close friends, but Sayre doesn’t care what people think.”

I asked Sayre if he was interested in any boys at the school. “I like this one guy over there,” he said, pointing toward classmates playing soccer on a grass field, “but I think he’s straight, so that’s probably not going to happen.” A few minutes later, Sayre added that he was in no rush to start dating. “It’s not like I have a lot of options anyway,” he said, echoing what I would go on to hear from many gay middle-schoolers. “I like guys who are nice and caring and don’t act like jerks to everyone. But this is middle school, where guys think it’s funny to pick their nose and fart really loud and laugh.”

As we came to the end of our tour, we approached a handful of boys sitting in a circle on the pavement eating lunch. “Woof, woof, woof, woof, woof!” Justin said, barely able to contain himself. “They’re all woofs.” One boy heard him and turned to us. “What’s a woof?” he asked us.

“Never mind,” Justin said.

“I don’t think he’s really a woof,” Alison told me, referring to a boy in the circle. “I think he’s straight but just confused.”

“He’s not confused,” Justin assured her. “Hes confused,” he said, referring to another boy in the circle. “He doesn’t know what he is. He changes his mind a lot.”

I was certainly confused trying to keep track of it all, but Alison told me not to worry. “We can’t even keep up with who’s gay or bi and who’s into who, and we go to school here!” she said.

All of this fluidity, confusion and experimentation can be understandably disorienting for parents and educators. Is an eighth grader who says he’s gay just experimenting? Could he change his mind in a week, as 13-year-olds routinely do with other identities — skater, prep, goth, jock — they try on for a while and then shed for another? And if sexuality is so fluid, should he really box himself in with a gay identity? Many parents told me they especially struggled with that last question.

Nadia, the mother of Austin in Michigan, told me that she and her husband “blew up” at him when he came out to them. “I really lost it, and my husband took it even harder than I did,” she said. “We just couldn’t wrap our heads around the idea that Austin would know what he was at 13, and that he would want to tell other people.”

A year earlier they asked Austin if he was gay after they discovered his call to a gay chat line. He promised them that he was straight, and he promised himself that he would cover his tracks better. It’s not uncommon for gay youth to have their same-sex attraction discovered thanks to a rogue number on a phone bill or, more often these days, a poorly concealed Internet search history. “We see a lot of kids get outed by porn on the computer,” Tim Gillean told me in Tulsa. “I knew one kid who told his mom: ‘I don’t know how that got there. Maybe it was dad!’ ”

Austin eventually ended up telling his parents he was bisexual, which he knew was a lie (he wasn’t attracted to girls) but which he hoped would lessen the blow. But the plan backfired. “My mom said something like: ‘What does that mean, you’re bisexual? Do you just wake up in the morning and willy-nilly decide what you’re going to be that day? Straight yesterday, bi today, gay tomorrow?’ ” Austin recalled. “For the next two months my parents tried to convince me that I couldn’t know what I was. But I knew I was different in second grade — I just didn’t really put a name to it until I was 11. My parents said, ‘How do you know what your sexuality is if you haven’t had any sexual experiences?’ I was like, ‘Should I go and have one and then report back?’ ”

While Austin’s mother correctly assumed that Austin wasn’t yet sexually active, other parents heard the words “gay” or “bisexual” and immediately thought “sex.” In reality, many of their kids hadn’t had any yet. Some (including Kera’s friend Justin) hadn’t even kissed anyone. Those who had been sexual in some form often reported that it was with a heterosexual friend who they presumed was just experimenting.

Though many of the parents I spoke to needed a period of adjustment before accepting their children’s announcement that they were gay or bisexual, others offered immediate and unequivocal support. “The biggest difference I’ve seen in the last 10 years isn’t with gay kids — it’s with their families,” says Dan Woog, an openly gay varsity boys’ soccer coach at Staples High School in Westport, Conn., who helped found a gay-straight alliance at his school in 1993. “Many parents just don’t assume anymore that their kids will have a sad, difficult life just because they’re gay.”

That was certainly the case for Kera’s mother, who told me she hardly batted an eye when Kera came out to her. I visited them last spring in their small two-story house on a quiet street in a middle-class neighborhood. We sat at the kitchen table. Kera’s mother, who had just finished her shift as a nurse, hadn’t had time to change out of her blue scrubs.

Kera handed me a poem she wrote for her mom a year earlier. “It’s not one of my best,” she insisted, covering her ears in embarrassment after she agreed that I could read a portion of it into my tape recorder.

I like girls. I know it’s true

I like girls, I really do

Not just boys, but girls as well

I’m bisexual as you can tell

“My first reaction to the poem, which she slipped under my bedroom door before going to hide in her room, was that she seemed really worked up about this,” her mother recalled. “But I knew I was interested in boys when I was her age, so it didn’t strike me as unusual that Kera might know she’s interested in boys and girls, put two and two together and call herself bisexual. Kids just know what those words mean a lot earlier than when I was growing up.”

On the national Day of Silence last April, I visited Daniel Webster Middle School in Los Angeles, one of 21 middle schools in California with a G.S.A. California is one of only 12 states that have passed laws to protect students from bullying and harassment on the basis of sexual orientation and gender identity or expression. (In May, Representative Linda Sanchez of California introduced the Safe Schools Improvement Act, a federal anti-bullying bill that would require schools to implement comprehensive anti-bullying policies that include protections for gay students.)

I arrived at Daniel Webster, a school of some 850 students, most of them Hispanic or African-American, at lunchtime. About 50 kids milled around two large wooden tables at the center of the school’s leafy courtyard. Many of them wore pink T-shirts, and some filled out cards that would later be strung together and displayed: “You Are What You Are — Embrace It,” “Never Put Someone Down, and Never Let Someone Put You Down.” Others communicated using hand gestures or by writing notes to one another. But most had given up trying to be mute. “Good luck getting middle-schoolers not to talk,” the school’s counselor and G.S.A. co-adviser at the time, Ruben Valerio, told me with a smile.

One of the loudest students at the tables was Johnny (a nickname), a tall, handsome seventh grader. A leader of the G.S.A., he had only managed to stay quiet for about 30 seconds that morning. “It’s just really exciting to be at a school where it’s O.K. to be gay,” he told me as he bear-hugged his friend, an outgoing seventh grader known to her friends as Lala, who’d come out earlier that year as bisexual. At his previous school, Johnny didn’t feel safe and had little support when he came out to his mother. “She would go back and forth between saying things like: ‘I love you. I just don’t understand why you would choose this lifestyle at this age,’ to ‘It’s disgusting what you’re doing. Are you a faggot now?’ No one would ever use that word here.”

Johnny estimated that there were about 35 girls and 10 boys at Daniel Webster who were out as bisexual, lesbian or gay. (The vast majority of those girls identified as bisexual.) He introduced me to a handful of them, including two members of the G.S.A.: Tina (also a nickname), a seventh grader who considered herself bisexual and was dating a boy at another school; and a popular eighth-grade girl who used to date Tina.

They were joined at the tables by dozens of their straight friends and a handful of teachers. One teacher, Richard Mandl, approached me and asked what I thought of the school. I told him that I’d never seen so many happy gay kids in one place. “It’s a little disorienting,” I told him. “I feel like I’m in a parallel gay universe.”

He laughed. “Yeah, it’s pretty unusual what’s happened here,” he said. “It definitely wasn’t always this way.”

When Mandl began teaching at the school in 2002, he said that there weren’t any openly gay students — and that it was common to hear anti-gay language. “Kids would run by you and be screaming at another kid: ‘You fag! You’re so gay!’ ” he said. “It wasn’t until a few years ago when the faculty sort of came together and said: ‘You know what? We need to stop this.’ ”

That became a lot easier two years ago when one of the school’s most popular boys came out to his classmates. Because he was so well liked, and because so many of his friends rallied around him, “it became cooler at Daniel Webster to be accepting and open-minded,” Mandl said.

The principal, Kendra Wallace, told me that she didn’t hesitate when the school’s science teacher approached her (on behalf of the boy and several of his friends) about starting a G.S.A. “I had some staff who were livid at first, because they thought it would be about sex, or us endorsing a lifestyle,” she said. “But the G.S.A. isn’t about that, and they’ve come around. This is a club that promotes safety, and it gives kids a voice. And the most amazing thing has happened since the G.S.A. started. Bullying of all kinds is way down. The G.S.A. created this pervasive anti-bullying culture on campus that affects everyone.”

Not all principals have reacted as enthusiastically to students or teachers hoping to start a G.S.A. (Teachers often wait for students to make the request, because they don’t want to be perceived as “having a political agenda,” as one school counselor told me.) At a middle school in Massachusetts, the G.S.A. adviser told me that the school’s principal initially balked when students asked to observe the Day of Silence and start a G.S.A. “She argued that it wasn’t age-appropriate, and she worried about having to deal with negative editorials in the local paper,” the adviser said. But because the school had other extracurricular clubs, “the principal was made aware that blocking a G.S.A. from forming is against the law.”

Indeed, courts — citing the Equal Access Act, which requires public schools to provide equal access to extracurricular clubs — have consistently ruled against schools that try to block G.S.A.’s from starting. (The 1984 law was the brainchild of Christian groups fighting to allow students to form religious clubs in schools.)

When Yulee High School in northeast Florida was forced by a federal judge last spring to let a G.S.A. meet on campus, the school asked students to change the name of their proposed club to something other than Gay Straight Alliance. The students refused, and a court backed them up in August. Administrators at Austin’s middle school in Michigan used the same tactic when he tried to start a G.S.A. there, he said. “They told me I needed to change the name to something ‘less controversial,’ ” Austin recalled. “I didn’t feel like fighting them, so I just called it the Peace Alliance.”

And because there were so few openly gay students at Austin’s middle school last year, all but 2 of the 15 or so students who attended each meeting were straight. At G.S.A. meetings at Daniel Webster, gay and straight members spend two periods a week reading and discussing news stories about gay issues, organizing events like the Day of Silence and talking about navigating the outside world — which isn’t always as supportive as their campus. Lala, for example, said the backing of the G.S.A. was critical when she came out to her family.

“They’re a lot better now, but the first thing one of my relatives did when I told them I was bisexual was hit me on the head with a Bible,” she told me. “So while I was dealing with that insanity at home, I at least had a safe place at school to talk about what was happening.”

Later that day, as I sat in a conference room with a handful of the G.S.A members from Daniel Webster, they spent a lot of time talking about dating. Asking 13- or 14-year-olds if they think they’re old enough to date is a little like asking them if they’re old enough to stay up past 11, so I didn’t even bother. I was more interested in learning how their parents reacted to the news that they not only had gay kids — but also that those kids had same-sex boyfriends or girlfriends.

Tina surprised me when she said her father actually prefers that she date girls. “His biggest fear has always been that I’ll get pregnant before I’m 18,” she told us, “so my dad’s really supportive of the girl thing.”

Johnny said his mom has made it very clear that he’s not allowed to bring a boyfriend over to the house. “She’s like, ‘O.K., I accept you, but you better not bring any of those people around,’ ” he told me.

That’s one of about 50 “rejecting behaviors” identified by Caitlin Ryan of San Francisco State University, who has spent the last eight years studying the link between family acceptance or rejection of gay children and their mental health in early adulthood. (Ryan found that teenagers in “rejecting families” were significantly more likely to have attempted suicide, used drugs and engaged in unprotected sex than those who were raised in accepting families.)

Of course, many parents of middle-schoolers don’t want their child dating yet, no matter their sexual orientation. But several parents I spoke to conceded that it wasn’t always easy to fashion the same rules for their gay and straight kids. Their instinct was to tell their gay children to wait longer before they could date. Austin from Michigan said he could see the struggle playing out in his parents. “When I came out, they said I couldn’t date anyone until I was 18,” he said. “Then I think they realized that was ridiculous, so they changed it to 16.”

In a rural area outside of Tulsa a few years ago, I visited a mother and her 14-year-old gay son, Ely, who were struggling to fashion the rules of when, and in what context, he could date. I listened as Ely tried to persuade his mother to let his latest crush spend time in his room (“With the door shut,” he clarified):

Ely: So, can we hang out in my room?

Mother: I don’t trust you two alone in there. Period.

Ely: What about if there are no body parts touching?

Mother: You don’t have that kind of self-control.

Ely: Yes, I do!

Mother: No you don’t. How old is he again?

Ely: 15.

Mother: And he has a shaved head and piercings everywhere. Is this who you really want to date?

Ely: All kinds of people have shaved heads.

Mother: I don’t think you’re ready to have a relationship right now.

Ely: Ugh.

Mother: I know, I know, you can’t wait to move away from me. You have the most unfair mother in the world!

As I listened to them bicker, I couldn’t help remembering what Ritch Savin-Williams, the professor of developmental psychology at Cornell, told me the first time we spoke: “This is the first generation of gay kids who have the great joy of being able to argue with their parents about dating, just like their straight peers do.”

Though dating and sexual activity were a reality for some of the middle-schoolers I spent time with, others were more concerned with simply making gay friends their age. Those who attended a school with other openly gay students or who lived near a gay youth group (Openarms in Tulsa, for example) were the lucky ones. But many, like Austin in Michigan, had never met another openly gay boy.

“He has his close girl friends, but he doesn’t have any gay friends,” his mother told me. To meet other gay people, he has gone with his father to nearby meetings of Pflag (Parents, Families and Friends of Lesbians and Gays), where gay kids often accompany their parents. And in June, she agreed to let him attend the gay-pride parade two hours away in Chicago.

“I told Austin he could go if either me or his dad went with him,” she recalled. “So he chose his dad, probably because he knew it would be the thing his dad would want to do least in the world. But off they went, and I give my husband credit, because he will do anything for his son. He doesn’t totally understand why Austin is gay, or how he can know for sure at his age, but he’s trying to be there for him. And he’s rarely seen Austin happier than at the parade. Austin warned his dad, ‘You can’t get mad at me when I scream at cute guys in Speedos!’ And boy, did Austin scream. He was in gay teenage heaven.”

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Benoit Denizet-Lewis, a contributing writer for the magazine, is the author of “America Anonymous: Eight Addicts in Search of a Life.” His new book, “American Voyeur,” a collection of his writing, will be published in January.

Photos by Brent Humphreys for The New York Times