Monday, November 20, 2006

10th Circuit Hears Arguments on Oklahoma's Law Refusing Recognition of Adoptions by Same Sex Parents

The 10th Circuit Court of Appeals heard arguments this past week examining the constitutionality of the Oklahoma Adoption Invalidation Law.  The Act, passed in 2004, would ban state officials from recognizing a same-sex adoption.  Same-sex couples anywhere with legally adopted children would lose their status as parents when inside Oklahoma.  The United States District Court for the Western District of Oklahoma struck down the law in May, finding that the law "By its refusal to recognize and give effect to a valid judgment, from another court of competent jurisdiction, which established their status as parents of their respective children, the Amendment violates the Full Faith and Credit Clause of the United States Constitution, the Equal Protection Clause and substantive due process rights." 

Finstuen v. Edmondson, 2006 U.S. Dist. LEXIS 32122  (May 19, 2006)

District court opinion
LAMBDA Principal Brief on appeal (last visited November 20, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/11/10th_circuit_he.html

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