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Federal court orders Louisiana to recognize gay parents

by Nick Cargo

A federal judge has ordered that a gay couple who jointly adopted a son be equally recognized as his parents.

Oren Adar and Mickey Smith of San Diego, California, adopted their Louisiana-born son in New York in 2006. Backed by Lambda Legal, they filed suit in October of 2007 (Adar v. Smith) after their request to amend their son's birth certificate was denied. According to Louisiana State Registrar Darlene Smith, since that state does not recognize adoptions by unmarried parents, the amendment could not be made.

U.S. District Court Judge Jay Zainey ordered Smith to recognize the adoption on constitutional grounds, ruling that doing otherwise would violate the Full Faith and Credit Clause, which mandates that court-ordered events that take place in other states remain legally binding across state lines. Per this ruling, both Oren Adar and Mickey Smith will be recognized as their son's legal parents.

"State officials may not punish children by denying them a birth certificate simply because they disapprove of their parents," said Ken Upton, supervising senior staff attorney for Lambda Legal. "This sends a strong message to state officials across the country that the Constitution requires them to respect the parent-child relationships established by adoptions decrees regardless of the state where the decree is entered."

"It's been a long three years, but clearly we're very happy," said Adar. "As an adopted child myself, I understand the need to feel like you belong. I remember as a child wanting to see my own birth certificate and to see my parents listed because it gave me a sense of belonging, of identity and of dignity. I want our child to see Mickey's name and my name as parents on his birth certificate."









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Originally published on Wednesday December 24, 2008.


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