Tag Archives: Adoption Legislation

News Year’s Day 2024 reflections on adoptee rights and possible reform in Michigan

One of my annual traditions is to start the new year with a healthy outdoor activity. I did that taking a lovely hike in the green hills around Portland, Oregon. Being outdoors and in nature gave me a nice clean head and opportunity to reflect on adoptee rights in my birth state, Michigan, and on larger issues of being an adoptee at this stage in my life. This stage means people are passing away, and these inevitable losses have perhaps sharper meaning for countless tens of thousands of adoptees born in the USA, and also in other countries, who may never, ever know their family origins or be able to answer life’s great and most important question: “Who am I?”

The year 2023 ended with family loss. The year 2024 begins with awareness of who I am, how adoptee rights advocacy works in the messy world of U.S. legislative sausage making, and also how I need to focus on things I can authentically control. It is OK to be in the wilderness, as I have long known. But I am also glad my network has expanded to kin in Finland, where new beginnings with kin mean roads to places I never could have dreamed in 1989. That year I found my biological family and I first violated Michigan’s discriminatory and still current laws denying me my human right to know myself and from whence and where I come.

‘No friends but the mountains’

The Kurds’ saying is also true for adoptees: “No friends but the mountains.”

I rarely do videos related to my book on my story as an adoptee and U.S. adoption history, or on larger adoptee rights issues.

Last week, I decided to make one. Find my video here.

I made it on the fly, in response to a now-stalled and wildly discriminatory bill against adoptees in the California Assembly, AB 1302.

I needed to express my realization and my personal and sobering assessment of the cold, hard, and inequitable reality that adoptees continue to face in the political sphere. In that place where laws, politics, power, and culture collide, adoption remains a reliably bipartisan issue championed by Democrats and Republicans in states and nationally. We saw that with this bill in a state with a rock-solid Democrat super majority in the state legislature and control of the Governor’s office.

Here is reality as I see it based on the outcomes and the events that unfolded: Adoptees have no friends but the mountains.

My video that I shared shortly after the California Judiciary approved an anti-adoptee bill with not one “no” vote and the committee controlled by Democrats by a nearly 3-1 margin.

I stand by this assessment because the facts point to this long-used Kurdish metaphor of being betrayed by all sides, which all of us can independently verify and see.

We do not have to like it, but confronting the underlying truth is critical to how one approaches solutions strategically. It is also relevant for what I see in my birth state of Michigan, where there is no effort by a Democratic governor, Gretchen Whitmer, or its Democratically controlled legislature to even acknowledge denied human and legal rights to thousands of adoptees like me who were born there.

What happened and where is this bill in the California Legislature:

Apparently this measure is now stalled because it did not advance on the legislative calendar for this year.

However, I cannot independently confirm this based on the bill’s tracking record, but this has been reported by the Adoptee Rights Law Center. That would mean the measure is still ready to be heard in 2024 by the Assembly Health Care Committee. I think we all need to see this communicated clearly by the California Legislature too.

Assemblymember Tom Lackey (R-Palmdale) is the prime sponsor of AB 1302, which is one of the most anti-adoptee pieces of legislation proposed in a state legislature in years, based on its potential harm to likely tens of thousands of adoptees born in California.

This measure is sponsored and championed by an anti-abortion, right-leaning state lawmaker, Assemblymember Tom Lackey (R-Palmdale). He is an adoptive parent of two children, and his anti-abortion voting record aligns with the wider GOP efforts to promote adoption as the so-called “policy alternative” to abortion.

As we’ve seen since the U.S. Supreme Court’s anti-women decision the 2022 Dobbs decision, this view is gaining momentum, to the detriment of adoptees and women and their rights to bodily autonomy.

In his deliberately dishonest presentation of what the bill would do, Lackey was joined by the proverbial “anti-adoptee” Quisling. I use that term for a person who is adopted and who supports legislation that harms the collective group of millions of adoptees. In this case it was a seasoned corporate lobbyist named Lance Hastings, who fulfilled the obligatory role of a Quisling we see whenever adoptees are sold out without regard to their inherent legal and human rights. “Quisling” is the appropriate word because the facts bear it out.

Both Lackey and the Quisling presented what I call false statements and framing comments that no one called out for what they were.

Before the hearing, adoptees and adoptee rights advocates, however, provided lawmakers ample documentation to call out such falsehoods. From what I saw, no comments were uttered by lawmakers who had that information.

Afterwards, Bastard Nation, which staunchly opposed this regressive and discriminatory measure, wrote a devastating analysis of everything wrong with this harmful proposed bill. That analysis noted: “AB1302 bill would not have flown 50 years ago much less today. It goes against current adoption culture, best practice standards, and the success of the adoptee rights and justice movement/OBC access. [Fourteen] states already unseal [original birth certificates] with no restrictions or conditions for the adoptees to which they belong.” Also go here to see the nightmare that AB 1302 would lead to if passed as written; the infographic is by Adoptee Rights Law, and is brilliant. Also see Adoptee Rights Law summary here.

The legislative kabuki during the bill hearing proved the hardest to watch and internalize. I say kabuki because that best describes the bill hearing for this toxic measure and how publicly disengaged logical allies were at the bill’s hearing on April 18, 2023, with the Assembly Judiciary Committee. (See the full hearing recording here, starting at around 37:00, with the CalOpens testimony against starting at 46:00.) The logical allies, many assume, would be California’s elected Democrats on the Assembly Judiciary Committee.

This committee has eight Democrats and three Republicans.

At no time did Democrats state facts provided to them by multiple adoptee rights advocates in advance that no adoptee rights group supported the measure or were consulted. At no time did Democrats state the most basic fact of all: that this bill and existing law deny all adoptees in California equal treatment by law.

Zip.

Nothing.

Silence.

And no on in that room needed anyone to tell them millions of adoptees, including all of those born in California, are denied equality by law.

That is the 800-pound gorilla that not one of them had the cojones to confront. Even worse, this Democrat-dominated committee recorded not one “no” vote.

Worse, it’s impossible to even tell during the roll call from the legislative video what the abstaining votes said when asked to publicly cast their vote. It sounded like mumbles so they would not heard, as they apparently cowered with their muffled public votes.

This is a copy of the California Assembly Judiciary vote on April 18, 2023, when no Democrats voted against a measure that passed with eight yes votes and three abstentions, which if passed into law would further deprive basic legal rights from thousands of California-born adoptees.

Adoptees can learn from the Kurds: they have no friends but the mountains

According to the legislative record, which is published however, eight committee members voted for it, and three “abstained.”

That’s called cowardice, because it is. I believe that is a factual statement too.

In short, adoptees were abandoned again by legislative silence and performance gestures.

The worst of the lies and talking point shared repeatedly in most legislative hearings, that a birth mother was promised confidentiality, was not corrected, even after a lawyer invited to the presenter table for reasons I still don’t understand openly lied to committee members that a so-called “presumed promise” of confidentiality to women coerced into surrendering their children to adoption existed.

For the record, no such legal promise has ever been made or documented in any court or legislative setting.

Bastard Nation in its submitted response on this bill addressed this canard that never, ever dies: “There is no evidence in any state that records were sealed to ‘protect’ the reputation or ‘privacy’ of biological parents who relinquished children for adoption. In the over 60 years of the adoptee rights struggle, not one single document has been presented anywhere that shows that birthparents were promised or guaranteed anonymity by the state or anyone else. If they were made on the sly, they were made by individuals who had no legal authority to do so.”

In the end, misinformation and kabuki prevailed.

Adoptees were abandoned by their likely but no-show “friends,” and the bill advanced.

Though this bill appears to be on hold until 2024—which I still can’t verify on the Legislature’s website—adoptees will have to confront their reality in other states and with the public.

The Kurds know betrayal well having endured countless acts of harm from nations in their historic homelands, as well as from the United States.

Right now, they have no allies.

They have no “friends” willing to correct lies and misinformation when it counts and where it counts.

They are utterly on their own, as they always have been the last half-century of working tirelessly to end legal discrimination, rooted in my view in their illegitimate status.

So that is why I made my video, as a reminder of lived truth, which the historically persecuted Kurdish people have experienced since they were denied a nation state by conniving colonial powers after WWI. They have a saying, uttered at each violent, tragic betrayal by all nations, repeatedly since that time: “No friends but the mountains.”

‘Picking a target’ in 2023 for adoptee rights advocacy

It’s now 2023. A new year has begun, and for thousands of Michigan-born adoptees like me, none are any closer to having their legal rights restored to their original birth certificates.

So this year, I am going to put the spotlight on this state’s leaders, especially Gov. Gretchen Whitmer, who are failing to right a massive wrong that denies basic human rights to people only because of the status at birth.

Go here to read my full article, analyzing failures in Michigan’s agency responsible for overseeing vital records and leadership by all branches of state government.

My article also analyzes the sometimes complex and even messy world associated with issue advocacy, including the mostly ignored world of adoptee rights. 

Here’s my list of tips (also found in my longer article) for adoptee rights advocates in Michigan, or their allies (all allies are welcome, too):

  • If you live in Michigan, make noise. Be that annoying tsetse fly for Gov. Whitmer and state lawmakers who cannot be ignored until your bites are so painful that you are acknowledged. To that end, here are friendly resource on tips for advocates with limited resources, from Saul Alinsky.
  • You can develop relations with lawmakers and request personal meetings if you are going to Lansing. You can also share information with your local media, if they still exist, in the form of letters to the editor or on social media calling attention to denied legal rights. Social media may be helpful if you are good in that space. With Twitter turning into a large mess, I am not sure what platform may be the most effective now.
  • If you are more of a “power broker” kind of person, who knows “the game” (meaning you have “connections to those in power), a more effective way to make change is to engage Gov. Whitmer.
  • If you are not able to engage Gov. Whitmer, the most powerful power broker of all is a governor’s chief of staff. Gov. Whitmer’s Chief of Staff is, as of Jan. 2, 2022, JoAnne Huls. Because chiefs of staff try to be invisible to public and only to speak with deal-makers, the other best possible person for real access is a governor’s communications director, who manages a governor’s “brand.” Bobby Leddy is Gov. Whitmer’s communications director, and he is active on Twitter and can be “pinged” and equally “annoyed” with persistent, fact-based activity about adoptee rights concerns.
  • In addition to copying Leddy on Twitter, consider using this account to get Gov. Whitmer’s staff’s attention: Press@Michigan.gov. They will care if you are a state voter, in the way they won’t care about someone like me, who is not a voter in the state.
  • The best way to promote reform is by telling stories of the injustices you have encountered. Make it personal and say what happened and what it means to you. Name names and make it personal. It has to be personal. This was very helpful with stunning legal reform in Vermont being implemented in 2023.
  • My personal preference is to advocate for lasting legal reform the way New York state adoptee rights advocates and Vermont adoptee rights advocates have won legislative reforms. Those are two great success stories. Use the links to learn more about their lasting victories.

Remember, lasting change, good or bad, is always won by a group of committed warriors, in the truest sense. True warriors are those go into any “conflict” with the outcomes already decided in their minds with a clear strategy for victory.

Each of us can make a difference. Choose your battles and always remain focused on the larger goal. For me that remains permanent and lasting legal reform to end the injustice of outdated, harmful adoption laws that hide a person’s truth and deny them their original records.

And for adoptees who are working for change, I appreciate everything you can do this year if you have the time, energy, and good will. Good luck and make 2023 a great one!