Monday, January 05, 2009

Louisiana forced to recognize same-sex adoption

Charlie Butts and Marty Cooper - OneNewsNow - 1/5/2009

Two California homosexuals have won a federal lawsuit, allowing both their names to be on their adopted son's Louisiana birth certificate.

According to, the state of Louisiana initially refused the request because homosexual adoption and same-sex "marriage" are illegal in that state. Oren Adar and Mickey Ray Smith then filed a lawsuit, which stated that leaving their names off the birth certificate "singles out unmarried same-sex couples and their adoptive children for the improper use of making them unequal to every one else."

Mat Staver, founder of Liberty Counsel and dean of Liberty University's law school, comments.

"What, essentially, you see happening are these other states, through the back door so to speak, bringing in same-sex unions through these other kinds of methods. It's not generally a direct, head-on, frontal assault with regards to same-sex marriage," he notes. "But the fact is, if a sister state is required to recognize same-sex adoption, even though it doesn't recognize it within the state, that is essentially a component that is a significant, central aspect of marriage."

According to Staver, that lays the legal ground for future lawsuits to mandate recognition of homosexual marriage on other states.

However, difficulties continue to arise in cases of unmarried same-sex couples who wish to adopt. Some registrars do not believe a man's name should be on the birth certificate space labeled "Mother" or a woman's name listed as "Father." The lawyer for Adar and Smith contends some states have "resolve[d] the problem" by changing the form to read "Parent 1" and "Parent 2" instead.

Staver says the federal Defense of Marriage Act needs to be amended to so that no state is forced to accept homosexual adoption that is legal in a sister state.


Anonymous said...

Great. (sarcasm included) Now, the question is, will the courts recognize the 3rd and 4th partner of this same sex couple when they decide to open up their relationship to have additional partners?

David Benkof and David Nimmons (both gay men) argue that monogamy is not high on the priority list for Gay Men in relationships.

Which begs the question - why are they lobbying so hard to be recognized as "families" and as "married"?

This is craziness. Someone please stop them now.

Anonymous said...

The lawyer and people commenting on this story ought to grow a brain. The 10th Circuit Court of Appeals already ruled on this matter. (Oklahoma tried the same ILLEGAL tactic that Louisiana is trying.) Hopefully, the 5th Circuit Court of Appeals (where La. is located) will use the intelligence God gave them and point out that this issue has already been decided.

An adoption decree is NOTHING like a marriage license. An adoption decree is a court order. Under the Full Faith and Credit Clause of the US Constitution, all states are required to recognize a court order (in this case an adoption decree) issued by another state. States are NOT required to recognize things (such as a marriage license) arising from state statutes. Marriage licenses are NOT a court order. They arise from a state statute. So, states do not have to honor a marriage license issued to a Mass. gay couple. Thus, honoring an adoption decree in NO way obligates a state to honor a gay marriage license issued by another state. The US Constitution is quite clear (as the 10th Circuit Court of Appeals ruled in 2007) that court orders MUST be enforced by all states.

You can only get a birth certificate from the State where you were born. In this case, the child was born in La. but lived in NY during the time of the adoption. When an adoption is completed, the State who issued the original birth certificate usually issues a revised birth certificate to document the child's parentage. It's not a requirement that La. approve the adoption since the child didn't live there. La. needs to get its head out of an orifice located on the backside of its body and follow the law. Adoption decrees and marriage licenses have NOTHING to do with each other.