Adoption Tide Turns in Florida?

re: Adoption Tide Turns in Florida?

Kenny T — Mon, 18 May 2009 19:41:56 GMT

The Full Faith and Credit Clause (FFC) addresses "public acts, records, and judicial rulings". The Supreme Court has ruled consistently that it makes a distinction between "public acts" and "judicial proceedings". It has ruled that the FFC almost always requires a state to recognize judicial rulings (adoption decrees) made by another state. However, it has not given this support to "public acts" (marriage) and does allow a state to ignore the "public acts" of another state. So, the FFC does not apply to gay marriages.

When Oklahoma passed a law saying it wouldn't recognize out of state adoptions obtained by same-sex people, the 10th Circuit Court of Appeals struck down that law as a violation of the FFC. I am curious as to how a Louisiana case will play out. Gay couple adopted a child born in Louisiana and tried to obtain a revised birth certificate with their names on it. Louisiana refused to issue it since La bars gay couples from adopting. A federal judge told La to reissue the birth certificate. La appealed to the 5th Circuit who issued a stay in the case and has put the case on the docket for later this year. Which ever side loses, I would expect them to appeal to the US Supreme Court. It will be most interesting if the 5th Circuit arrives at a ruling that conflicts with the one reached by the 10th Circuit. That would almost guarantee a review by the US Supreme Court as it usually doesn't like conflicting rulings amongst the Appeals Courts. So, we may see the US Supreme Court decide if states can ignore an adoption decree granted to same sex individuals/couples.

re: Adoption Tide Turns in Florida?

Shannon LC Cate — Mon, 18 May 2009 13:26:24 GMT

"Licenses?" That doesn't make any sense at all. Driver's licenses, for example, obviously continue to be valid across state lines. Marriages--of straight couples--also most certainly do have to be honored across state lines. No straight couple ever loses their marital status by traveling or moving to a new state. The only marriages not honored by all states are same-sex marriages and the DOMA specifically was passed to allow an exclusion for same-sex marriage from what is standard for all other marriages.

I don't know what your attorney is on about unless s/he is talking specifically about the DOMA which is an unconstitutional law.

re: Adoption Tide Turns in Florida?

CWilder — Mon, 18 May 2009 12:47:25 GMT

Our attorney says he full faith and credit clause doesn't cover licenses, which is why other states don't have to honor marriage licenses. They do have to honor court orders, so adoption is good. (We're adopting but looking at moving out of state) Hopefully that's how it works out.

re: Adoption Tide Turns in Florida?

Alice — Fri, 15 May 2009 23:43:26 GMT

Those poor, poor, poor kids.

As a queer, recently moved to Florida who's hoping to adopt in the next 5 years, I'll be looking at this EXTREMELY closely. The 'out' we've always felt we had was to travel to Georgia and try to finalize an adoption there. No idea as to the logistics, esp. since we'd like to adopt older kids who're in a foster situation, but at least we didn't question whether the adoption itself would be legal. Full faith and credit seems less and less full by some people's definitions each year. Thankfully, since Florida's DCFS spokesman has said that they *want* the adoptive father to succeed in the other case, I'm desperately hopeful that that ruling'll come out and strike down the ban, therefore making this appeal moot.

Of course, since my fellow Floridians voted to, yet again, put domestic partner benefits in danger by passing Prop 2 recently, I know that the fundies might take this up as an issue regardless of court outcome. Argh.

re: Adoption Tide Turns in Florida?

Shannon LC Cate — Fri, 15 May 2009 16:24:52 GMT

nah, KM, it's "unhealthy" now because mom is an ex-gay fundamentalist Christian whose new fiance hates queers. It's an ugly, ugly, horrible case.

re: Adoption Tide Turns in Florida?

km — Fri, 15 May 2009 16:17:39 GMT

But why is the relationship now considered "unhealthy?" I initially thought maybe the newly-engaged mom is being spiteful, but upon further reflection realized maybe "unhealthy" really means a negative relationship between the other mom and the kids.

That aspect aside, yes, please same-sex adoption!

re: Adoption Tide Turns in Florida?

Sara — Fri, 15 May 2009 12:28:46 GMT

And my toes too.

re: Adoption Tide Turns in Florida?

MomofBeans — Fri, 15 May 2009 12:03:29 GMT

I'm keeping my fingers crossed too!