Monday, Apr 22, 2019
 
search SGN
SERVING SEATTLE AND THE PACIFIC NORTHWEST FOR 37 YEARS!

click to visit advertiser's website


Javascript DHTML Drop Down Menu Powered by dhtml-menu-builder.com

Last Weeks Edition
   
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
 
 
 

 

 

[Valid RSS]

click to go to advertisers website
Back to Section One | Back to Arts & Entertainment
posted Friday, October 14, 2011 - Volume 39 Issue 41
Supremes deny Lambda Legal appeal in Louisiana adoption case
Section One
ALL STORIES
  next story
Supremes deny Lambda Legal appeal in Louisiana adoption case

by Mike Andrew - SGN Staff Writer

On October 11, the U.S. Supreme Court denied a Lambda Legal petition for a writ of certiorari in the case of Oren Adar and Mickey Ray Smith v. Darlene Smith.

Adar and Smith are a same-sex couple now living in New York, where they adopted their son.

Darlene Smith is the registrar and director of the Office of Vital Records and Statistics in the Department of Health and Hospitals of Louisiana, where the adopted child was born. She has refused to recognize the adoption and issue a corrected birth certificate listing both fathers as the boy's parents.

By refusing to issue a writ of certiorari, the U.S. Supreme Court declined to hear the case, and therefore let a prior judgment against Adar and Smith stand. The justices announced their decision without comment.

Adar and Smith adopted their son in 2006 in New York, where a judge issued an adoption decree.

The couple than applied for a new birth certificate for their child, in part so that Smith could add his son to his health insurance policy.

The Louisiana registrar's office refused to issue a birth certificate with both fathers' names because that state does not recognize adoption by unmarried parents.

Lambda Legal filed suit on behalf of Adar and Smith in October 2007, saying that the registrar was violating the Full Faith and Credit and Equal Protection clauses of the U.S. Constitution.

According to Lambda Legal, the Constitution says that judgments issued by a court in one state are legally binding in other states. Also, no state may not disadvantage some children over others simply because the child's parents are unmarried.

The Louisiana attorney general advised the registrar that she did not have to honor an adoption from another state that would not have been granted under Louisiana law had the couple lived and adopted there.

In 2008, U.S. District Judge Jay Zainey ruled against the registrar and ordered her to issue a new birth certificate identifying both Oren Adar and Mickey Smith as the boy's parents, saying her continued failure to do so violated the U.S. Constitution.

In 2010, a three-judge panel of the 5th Circuit Court of Appeals agreed and unanimously affirmed the judgment. The Louisiana attorney general then requested a rehearing by the full Court of Appeals, and a sharply divided court issued a decision this spring overturning the prior decisions.

In July Lambda Legal asked the U.S. Supreme Court to review the case, arguing that the 5th Circuit's ruling ignores nearly 100 years of well-established Supreme Court law and conflicts with other federal circuits across the country.

'By denying this writ, the Supreme Court is leaving untouched a dangerous 5th Circuit Court of Appeals ruling that carves out an exception to the Full Faith and Credit Clause of the U.S. Constitution and to the uniformly recognized respect for judgments that states have come to rely upon,' said Kenneth D. Upton, supervising senior staff attorney in Lambda Legal's South Central Regional Office in Dallas.

'This decision leaves adopted children and their parents vulnerable in their interactions with officials from other states.

'More particularly, this decision leaves a child without an accurate birth certificate listing both his parents,' Upton added. 'This issue now moves into the legislative arena. We need to push for a change in Louisiana state policy in order to stabilize and standardize respect for parent-child relationships for all adoptive children.'

Future legal issues that turn on the Full Faith and Credit clause might include the portability of same-sex marriage. In other words, if a same-sex couple is married in a state where that is legal, are other states required to treat them as legally married or may states treat them as an unmarried couple?

The Supreme Court's decision not to hear the adoption case leaves the 5th Circuit's decision in place, but does not necessarily establish a nationwide precedent that would govern future Full Faith and Credit cases.

Tell a friend:

Share on Facebook  Share on Facebook

Post to MySpace!Share on MySpace!

    Share on Delicious

Share on StumbleUpon!

West Seattle hate crime victims turn hate into help
------------------------------
Youth suicide prevention funds on WA state's chopping block
------------------------------
Gay rights pioneer Frank Kameny dies
------------------------------
Vet sues feds for equal benefits, challenges DOMA
------------------------------
A Celebration of Drag, Art and Life
------------------------------
Jared Polis (D-Colo.) becomes first Gay parent in Congress
------------------------------
Supremes deny Lambda Legal appeal in Louisiana adoption case
------------------------------
California's FAIR Education Act safe
Bigots' signature drive fails - no ballot in 2012

------------------------------
HUD pledges more help to end anti-LGBT discrimination in housing
------------------------------
GLAAD and allies speak out against anti-LGBT bullying on Spirit Day
------------------------------
Trans woman elected to Polish parliament
------------------------------
Historic military summit welcomes LGBT and straight military members
------------------------------
Katharine Lee Bates: Author of America the Beautiful
------------------------------
Brits warned about drug-resistant gonorrhea
------------------------------
Ask Michael: Friends as family
------------------------------
Is HIV Awareness Enough?
------------------------------
BREAKING NEWS
------------------------------
General Gayety: Unreal: The Haggards on reality TV
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------
A Morning After That Turns Into a Dance of Discovery
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

click to visit advertiser's website

click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
Seattle Gay Blog post your own information on
the Seattle Gay Blog
 

gay news feeds gay news readers gay rss gay
http://sgn.org/rss.xml | what is RSS? | Add to Google use Google to set up your RSS feed
SGN Calendar For Mobile Phones http://sgn.org/rssCalendarMobile.xml
SGN Calendar http://sgn.org/rssCalendar.xml

Seattle Gay News - SGN
1605 12 Ave., Ste. 31
Seattle, WA 98122

Phone 206-324-4297
Fax 206-322-7188

email: sgn2@sgn.org
website suggestions: web@sgn.org

copyright Seattle Gay News - DigitalTeamWorks 2011

USA Gay News American News American Gay News USA American Gay News United States American Lesbian News USA American Lesbian News United States USA News
Pacific Northwest News in Seattle News in Washington State News