--------------- FIDO MESSAGE AREA==> TOPIC: 162 ADOPTEES Ref: DFJ00017 Date: 11/08/96 From: JAMES KELLY Time: 10:10am \/To: ALL (Read 2 times) Subj: Tennessee Update Date: 08 Nov 96 From: "Jane C. Nast" <74354.1311@CompuServe.COM> To: Jim Kelly Subject: Tennessee Update OFFICIAL REPORT: with commentary by Jane Nast On October 25 & 26 an AAC Regional conference was held in Lancaster, PA. The highlight for me, as Legislative Director of AAC, was the presentation by Fred Greenman, the attorney who is overseeing the Tennessee Court case for AAC. Several of us have tried to interpret his words, but we haven't hit the mark yet, so we decided to ask Fred to write us a report in laymen's terms with his legal expertise.The report follows my comments. Feel free to forward this to any and all of your lists. After hearing Fred in Lancaster and reading the report that follows, I am convinced that we are all going to be a part of adoption history in the making. I am proud to be a member of AAC and to know that we have taken the lead in providing support for Tennessee. After reading Fred's update as well as the list of organizations that have joined NCFA in opposition, please let us know if your organization would like to join with us in this historical event. Also, you, as an individual, wish to help, please get in touch with AAC President, Anne Babb at 405-329-9294 or e-mail her at aacr76a@prodigy.com.. As most of you know, AAC has established a fund, TENOR (stands for Tennessee/Open Records) to help with the mounting legal costs in this case. Contributions can be addressed to AAC/TENOR at 1000 Conneticut Ave., N.W., Suite #9 Washington, D.C. 20036 The following is a list of organizations (and one individual) which have joined with NCFA to oppose open records in Tennessee: Life Issues Institute; National Coalition to End Racism in America's Child Care System;Aaron Britvan, Esq., Co-Chairman of the Adoption Committeee of the New York State Bar Association; Adoptive Parents' Committee of New York; Eagle Forum; Christian Coalition; Americans United for Life; International Concerns for Children; Concerned Women of America; National Right to Life Committee; KidsHelp! Foundation; Hear my Voice; Family Research Council; Institute for Children; Fund for the American Family; and last but not least The American Academy of Adoption Attorneys! Now that you have recovered from reading the list, please read carefully (and memorize, if necessary) the following update. FROM: Fred Greenman, Esq. DATE November 6, 1996 RE: Doe v. Sundquist My remarks in Lancaster appear to have caused some confusion as to what is at stake in this lawsuit. Let me clarify: Plaintiffs (i.e. the opposition) are alleging that it is unconstitutional for any state to open adoption records to adoptees. They claim that opening records to adoptees invades the privacy of both birth parents and adoptive parents. Their claim is not presently limited to retroactive opening, but appears to include even prospective opening of records (i.e. of now adoptions). If plaintiffs were to prevail, the ruling would apply throughout the country and prevent any state from opening adoption records.* *In formal legal doctrine, this is true only if the final decision is by the Supreme court. If the Supreme Court chooses not to hear the case, a decision by the Court of Appeals for the Sixth Circuit technically has the force of law only within the Circuit (Kentucky, Michigan, Ohio and Tennessee). Outside the Sixth Circuit, such a decision is only "persuasive", not "binding". As a practical matter, however, an adverse decision by the Sixth Circuit would be almost as bad as one by the Supreme Court, especially in its impact on other state legislatures considering whether to improve access to adoption records. It is quite possible that the plaintiffs will narrow their claim to cover only the opening of records that were previously sealed in some fashion (i.e. "retroactive' opening). They may do so when they file their reply briefs at the end of this week. if they do so (and they may never do so), then the ruling they are seeking would still apply throughout the country, and it would still prevent a state from opening any records that had ever been sealed. In sum, if we lose this case, no state will be able to open any adoption records that were sealed in any way, and it may be that no state will be able to open records on any adoptions. If we win the case, the holding (i.e., the legal precedent) will be simply that states CAN, by statute, open adoption records that previously were sealed. We are NOT arguing that it is unconstitutional to seal records, and the decision will not legally prevent a state from continuing to seal records, if the state so chooses. However, the practical effect of a victory will probably be greater. First, some basic procedure. Sometime next year there will be a trial in the District Court in Nashville, probably before Judge Nixon. This will establish the record (i.e. evidence of the facts) on which he will base his final decision. Much of the material we have already submitted will be included in that record. The decision of the District Court will be appealed by one side or the other to the Court of Appeals for the Sixth Circuit and then to the Supreme Court, if the latter chooses to hear the case. The Supreme Court, if it hears the case, or else the Sixth Circuit will have the final word and will establish the law. If we win, it is likely that the final opinion of the Supreme Court or the Sixth Circuit will recite the facts about adoption that we are establishing in the record, namely that the vast majority of birth parents want and have always wanted to hear from their children, and that therefore open records tend to INCREASE adoption and DECREASE abortion. Such a decision would show NCFA's propaganda for the cock-and-bull story that it is, and should give a strong impetus to the opening of records in the state legislatures. That is why I have said that the decision in this case will probably put either the AAC or NCFA out of business, whichever one loses. NCFA understands this very well, which is why they have been working their phones and their publications and making speeches to get as many organizations and individuals as possible to support them. We have to do the same. For those who are not familiar with the cast of characters in this case, the plaintiffs are two anonymous birth mothers, one pair of anonymous adoptive parents, and Small World Ministries, the only Tennessee adoption agency that belongs to the National Council for Adoption (NCFA). One of the birth parents and both adoptive parents are clients of Small world and appear to have been both recruited and misinformed by Small World. The attorneys for plaintiffs are the American Center for Law and Justice, which was formed by Pat Robertson in 1990 "to defend the rights of believers" (its motto) and is funded by Robertson and his organizations, such as The 700 Club. NCFA appears to have organized the plaintiffs and supplied largely incorrect information to plaintiffs' attorney from the beginning of the case, and has recently filed a brief and affidavit in the pending appeal to the Sixth Circuit. The interest of Robertson and his groups appears to be based upon NCFA's misinformation that sealed records promote adoption and discourage abortion. As an alumnus of a school whose motto was "Great is the Truth and It Shall Prevail", I cherish the perhaps naive hope that when and if Robertson and his followers realize how false NCFA's propaganda is, they will withdraw from this case and stop advocating sealed records. In short, this not a quarrel in a far-off country about which we know nothing,to quote Chamberlain from memory. To pick a more domestic image, this is the shootout at the OK Corral !. --- Maximus/2 3.01 * Origin: Bear Garden * Cloverdale, B.C., Canada * (604) 574-0906 1:153/920) --------------- FIDO MESSAGE AREA==> TOPIC: 162 ADOPTEES Ref: DFJ00018 Date: 11/10/96 From: MICHAEL KIRST Time: 03:01pm \/To: ALL (Read 2 times) Subj: Weekly Echo Traffic Report ==============================( [ ORIGX ] v2.2 ============================== ORIGIN LINE ACTIVITY ======================( Adoptees Echo Carrying Systems ===================== * The Ratz Nest BBS * Burleson TX * (1:130/911) 0.14% * Madman BBS * Chico, California * 916-893-8079 * (1:119/88) 0.14% KC GeneSplicer "KansasCity" 913-648-6979 V34,V32b,V42b (1:280/318) 0.28% (Scouter's Haven) (1:129/186.0) 3.99% * CyberCom BBS * Lakewood, OH * 216-228-6065 * Fido 1:157/445 * 33.6 0.14% *** GENESIS ONE BBS *** Node 1: (706)556-1444 Fidonet (1:360/28) 0.28% -- The Rats Den BBS 1:202/1402 (619)224-1840 (1:202/1402) 1.85% =ACE= ONLINE - (301)942-2218 (1:109/476) 0.14% A limb in your Family Tree may be found here. 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(1:323/109) 0.14% Westonia Computer Systems 1:250/636 (416)241-1981 (1:250/636) 0.57% William's, Vernon B.C. 28.8 604-549-2409 24hrs free (1:353/385) 0.14% Windows Mania BBS (1:320/2574) 0.43% [ Mdtn_BBS - Point #45 ] (1:270/211.45) 1.00% ============================================================================== Found 138 unique origin lines in 702 msgs on 10 Nov 15:01:42 ============================================================================== --- MsgPost 1.1 * Origin: The Noble House BBS - Kissimmee, FL (407)847-8990 (1:3633/36) --------------- FIDO MESSAGE AREA==> TOPIC: 162 ADOPTEES Ref: DFJ00019 Date: 11/12/96 From: GWENNA BOWERS Time: 05:27pm \/To: BOB BURR (Read 2 times) Subj: Assistance in Miami -> If someone who reads this echo happens to live in the Miami ->area and -> would be willing to do the legwork for me, I would greatly ->appreciate -> it if you would contact me either in a reply to this ->message, or by -> E-mailing me via the Internet at searcher@whnt19.com. Please contact June Lewis at PO Box 24-9052, Ccral Gables, FL 33124 or 1 305 667-0387 she heads the AVIA support group. One of her members might be able to help. AVIA stands for Adoptees Voices in Action. I am a member also but due to the meeting day and time I am unable to attend them. If she cannot help you she can point you in the general direction of someone who can. PS IF her machine picks up have a pencil ready as the message will give you her beeper number in case of an emergincy. I am printing out your message and sending it to her. --- * Origin: Master Control BBS New area Code (954)*964*1247 (1:369/118) --------------- FIDO MESSAGE AREA==> TOPIC: 162 ADOPTEES Ref: DFJ00020 Date: 11/11/96 From: MICHAEL HOLT Time: 10:49am \/To: AMY PLA (Read 2 times) Subj: Maryland Adoptions -=> Quoting Amy Pla to All <=- AP> Hello All, I haven't been her for quite awhile. I have been busy AP> serving as Secretary and Librarian for DC Metro CUB for the last year. AP> Now, finally someone has taken over. No more lugging books and AP> pamphlets back and forth from home to meetings. Amy! Welcome back! I've missed you. (You didn't stumble onto any birthmothers named Tayman did you? Or a child named at birth Williamson?) ... ...just trying to be related to EVERYBODY...! --- FMail 0.98 * Origin: BIG DEAL BBS, Adoptees in Search! 804-754-0189 VA. (1:264/232) --------------- FIDO MESSAGE AREA==> TOPIC: 162 ADOPTEES Ref: DFK00000 Date: 11/15/96 From: PHILIP BROWN Time: 12:47pm \/To: ALL (Read 2 times) Subj: Searching for my Birth Parents Below is information for a friend who is searching, can anyone give me any information her information. Thanks, Looking for ANY information on the birth records, birthparents, half siblings or other relatives of Tracy Lynn Russell. Born April 28, 1971. Davidson County, Nashville, Tennessee. Hospital unknown. My birthmother was born in 1947 in Kentucky and would have been about 24 at the time of my birth. She was 5' 7" tall, weighed about 150 lbs. She had LT. brown hair, hazel eyes with a medium complexion. At the time of my birth I had one other sibling who was three years older than me, this child had blonde curly hair and blue eyes with a fair complexion. My birthfather was born in 1929 in Kentucky and would have been about 42, he was 6' 0" tall and weighed about 185 lbs. He had DARK blonde wavy hair with a medium complexion. He worked as a crane operator at a construction co. He had 2 sons who would have been 13 yrs old and in 9th grade the other son would have been 18 and a freshman in college at the time. Both of my birthparents were Baptist. Maternal grandmother born 1923, grandfather 1915. At birth baby weighed 6 lbs, 3oz and was 20 1/2 " long. My birthmother sent a blanket and a baby ring that had a diamond chip set in a sunburst design in the center. Any information will be greatly appriciated. Thanks * SPITFIRE v3.51 Surf To http://www.ivy.tec.in.us/haute/thaute.htm --- FreeMail 1.10 alpha-3 * Origin: Ivy Tech Online * 33.6 DS * FidoNet! (1:2230/114) --------------- FIDO MESSAGE AREA==> TOPIC: 162 ADOPTEES Ref: DFK00001 Date: 11/14/96 From: DEEANN HARDY Time: 03:01am \/To: MICHAEL KIRST (Read 2 times) Subj: search packets via e-mail On Nov 12 1996 20:39, Michael Kirst, 1:3633/36 wrote: MK> And you completely missed my point. I was trying (in a nice MK> manner without shouting) to get you to see the point that MK> not everyone in this forum has Internet (or other pay MK> service [Compu$erve, AOL, etc.] access. So they are left MK> with communicating via BBS systems. PLEASE accept my apology here. :-( I completely missed your point as you've stated. ooopps. I'm sorry. I guess it was the way you worded it maybe. I'm sorry for that. NOW, Can you please help me to get my big foot out of my big mouth????????? hahaha OK, for those who cannot get internet access, I can "snail mail" you the packet itself (which I used to do until I finally got most of it on a diskette) but that costs and I really hate to charge but the copy fee and postage would be astronomical to me if I didn't with all the packets I mailed already. The cost is $10.00 which goes directly towards my postage and copy fees as well as paper and envelopes, etc... Any $$$ left over after the $10.00 goes into a fund for my copy machine toner which, unfortunatly, is expensive. If you would still like one, you can send for it at: SEARCHING PO BOX 7446 HARRISBURG,PA 17113-0446 I hate selling stuff that I can give for free over the internet but as Michael graciously pointed out to me, not everyone here has internet access and "stupid me" I wasn't aware of that. Thanks Michael!! You're a good sport! :) Dee Hardy --- MsgedsqWB 3.05.07 * Origin: [ Mdtn_BBS - Point #45 ] (1:270/211.45) --------------- FIDO MESSAGE AREA==> TOPIC: 162 ADOPTEES Ref: DFK00002 Date: 11/13/96 From: MICHAEL RICHARDSON Time: 04:59pm \/To: ALL (Read 2 times) Subj: Slash - Guns N' Roses SOMEBODY PLEASE HELP ME!!! I'm a HUGE GNR Fan and I heard Slash (Lead guitarist) quite but I haven't heard a thing about it on the radio or T.V so I don't know a single detail or even if it's true or not... someone please tell me what is going n. Michael Richardson --- RA 2.02 * Origin: Mace's Place [Mississauga, Ont. Canada] (905)276-1820 (1:259/710) --------------- FIDO MESSAGE AREA==> TOPIC: 162 ADOPTEES Ref: DFK00003 Date: 11/14/96 From: CHERYL HERT Time: 04:42pm \/To: JOAN SCHULTZ (Read 2 times) Subj: searching JS> I'll ask my husband tonight. He and a friend run an JS> internet service, JS> so I can get out there and look for you. Give me the name JS> or names I JS> need to look up. Her maiden name is Bonnie L. McCann b.d. 1-1-48 She would have gotten married after September of 1968. JS> Just checked and I didn't get your "detective work" story. I posted in on the Adoptees information echo a while back. Huh, thats odd. well, its out there somewhere! if you would like, I can tell it again? let me know if you find anything out about the marriage licence on the internet. If I could come across a marriage licence for her, it would be tremendously helpful. thanks! cheryl ... "Must be hard being brothers. I wouldn't know." Forrest Gump --- RA202/FD212/FmailX120+ * Origin: Tulsa Chat BBS-Tulsa, Ok-(918) 627-8305 (1:170/600) --------------- FIDO MESSAGE AREA==> TOPIC: 162 ADOPTEES Ref: DFK00004 Date: 11/15/96 From: CO-MODERATOR Time: 03:08pm \/To: ALL (Read 2 times) Subj: Echo Rules Posting ADOPTEES ECHO RULES AND GUIDELINES Revised 27 April 1996 ALL USERS WHO HAVE ACCESS TO THIS ECHO MUST READ THIS. BY POSTING MESSAGES IN THE ECHO, YOU AGREE TO ACCEPT AND ABIDE BY THE RULES OF THIS CONFERENCE AS POSTED. In compliance with FidoNet Echo Policy, the conference rules will be posted no less than once per month, and nothing in these rules will supersede or replace any valid FidoNet rule or policy. ---------------------------------------------------------------------- 1. All rules violations are to be addressed ONLY by the Moderator, or Co-Moderator. Please leave the moderating to the Moderators. 2. Questions or comments regarding Moderator policy and/or this echo's rules are welcomed, but we must request that they be restricted to Netmail in order prevent unnecessary disruption of the normal discussions carried out in the echo. 3. Be considerate of one another and keep your sense of humor. Personal attacks (thinly disguised or not) are prohibited. The useful exchange of information requires you to accept that people have opinions or experiences which may contrast with yours. The object of this conference is to learn from or help others, not argue with them. Professionalism is something ADOPTEES Echo users have come to expect and respect. 4. Encrypted, encoded or rotated messages are forbidden. This includes "chain" messages. 5. Please try to keep the quoted portions of your messages BRIEF. Excessive quoting adds to expense and overhead while reading or transporting messages. Quote just enough to identify the thread of the conversation for other users. 6. Keep the Topic lines current. If your message content has wandered from the original topic, enter a new topic line. If possible, turn off the RE: feature of your message reader/editor. 7. Posting of test messages, and posting of BBS ads will be considered annoying behavior. Initial "seed" messages are permitted. 8. Advertising for commercial ventures, even though "Search" related, will not be tolerated. Posting "price lists" for your services is not permitted. Conduct "business" via either Netmail, U.S. Mail or by voice via telephone. Any "professional" users of this echo when contacted by another user are requested to advise your potential "client" of any fees that may be incurred PRIOR to actually incurring those costs! Referrals to individuals who are known to charge a fee for their services are requested to identify the fact that a fee may be involved at the time the referral is made. Reports of "rip off" searchers and/or organizations are encouraged to help protect other echo participants from becoming victums of the "rip off". However, be prepared to back-up any claims with verifiable proof... 9. The use of visible ASCII (control) characters ASCII 31 and below, and the use of eight bit characters above ASCII 127 is not permitted. Some computer systems cannot handle these characters properly. 10. No aliases are allowed in this conference. Use your full, real name. If you log onto a BBS under an alias, you must sign your messages with your full, real name. We like to know who we are helping in their search. 11. This conference MAY NOT be ported to the BIX echomail system, CompuServe or to any other network's mail system without the express written permission of the Moderators. Permission is *_only_* required if the "full traffic flow" is being re-posted/gated into another message system. If individual (or selected) messages are being re-posted, there is no need to request/obtain permission from the Moderators. If the message(s) being re-posted/gated are not your own messages, you "should" obtain permission from the author of the message(s). 12. Messages from the 'adoptees@ucsd.edu' mailing list may be cross-posted (re-posted) into this echo ONLY if explicit permission has been obtained from the author(s) of those messages. This applies regardless of whether the author's name(s) have been deleted first. Proof of the original author's identity and his/her permission to cross-post/re-post his/her message(s) will be provided upon request by the moderator(s). This is due to the rules in place on that mailing list. 13. Messages soliciting membership in any organization for which there is a fee for membership are *_not_* permitted in this echo. Since that organization is taking in money for their operation, they can afford to pay to send out their membership solicitations. 14. Referrals to people who belong to such organizations which could or would involve any fee(s) having to be paid by the person being referred should include full disclosure of the fee(s) involved. This is intended to prevent people from being "blind sided" by any fee(s) which they were not aware of prior to making the initial contact. 15. Placing collect phone calls to people seeking assistance in this echo without their *_advance_* permission to call collect is not permitted since that would cause people to incurr a financial obligation (or burden) prior to granting their permission to do so.