Federal Appeals Court: Louisiana Must Recognize Out of State Gay Adoption

[ccharles000]

The Fifth Circuit Court of Appeals ruled today that Louisiana has to recognize the New York same-sex adoption of a Louisiana child even though Louisiana does not itself grant same-sex adoptions.

Last October I talked about Adar v. Smith, the Fifth Circuit case where a couple that went to New York to legally adopt a baby born in Louisiana couldn't get an updated birth certificate from Louisiana. Back then, Louisiana said it didn't have to recognize adoptions from other states that it wouldn't perform itself.

The Court today said otherwise.

Why is This Case Important?

Because it's about how the full faith and credit clause applies to gay rights. The full faith and credit clause is the part of the U.S. Constitution that makes one state recognize the judgments of another state.

Sound familiar? You often hear about how states that don't allow gay marriage should have to recognize gay marriages from states that do. Instead, states without gay marriage give a similar argument to the one Louisiana gave in Adar v. Smith--that they shouldn't have to recognize marriages that they themselves would not allow.

http://www.gaycoupleslawblog.com/

[seeinfweggos]

1. and the 5th circuit is VERY RIGHT WING

If this had come out of the very liberal much overturned 10th then I wouldn't get much hope up. But the 5th doing this is GOOD.

[M155Y_A1CH]

2. Great news!

Sets a fabulous precedent for protection of families.
. :fistbump:

[ThomCat]

3. Good news. The states would dismantle Full Faith and Credit

over Gay Rights if they could.

It is a very sad testimony to how deep homophobia goes that they'd scrap the very basis of interstate cooperation, the thing that makes this the UNITED States, because of Bigotry against LGBTs.

[ccharles000]

4. kick

[Zhade]

5. YES! Justice!

Take that, bigots!