Saturday, May 28, 2016

Alabama Annuls Its Ruling in E.L. v. V.L. Gay Adoption Case

On March 7, 2016, a unanimous U.S. Supreme Court reversed the Alabama's Supreme Court's refusal to recognize the out-of-state adoption of a lesbian parent in V.L. v. E.L. Now, the Alabama Supreme Court has annulled its previous ruling, according to the AP. The per curiam opinion is brief:

In accordance with V.L. v. E.L., 577 U.S. ___, 136 S.Ct.1017 (2016), we vacate the September 18, 2015, Judgment of this Court holding that the Court of Civil Appeals and the Jefferson Family Court erred in giving full faith and credit to the May  30, 2007, adoption decree entered by the Superior Court of Fulton County, Georgia, declaring V.L. the adoptive parent of her then same-sex partner E.L.’s three children. Ex parte E.L., [Ms. 11405 95, Sept.18, 2015] ___  So.3d ___ (Ala. 2015). In  V.L., the United States Supreme Court held that the adoption decree appeared on its face to have been rendered by a court of competent jurisdiction and that that presumption of jurisdiction had not been rebutted. Inasmuch as there is no merit in E.L.’s other arguments asking this Court not to enforce the adoption decree, we affirm the judgment of the Court of Civil Appeals.

The fact that a state supreme court accepted a ruling of the U.S. Supreme Court would not ordinarily be newsworthy. But given the fact that Alabama Supreme Court Chief Justice Roy Moore issued an order telling state officials that they must not follow Obergefell v. Hodges and issue marriage licenses to gay couples, it is a relief to see this resolution. Since issuing that order, Justice Moore was suspended amid ethics charges that he “'flagrantly disregarded and abused his authority' in ordering the state’s probate judges to refuse applications for marriage licenses by same-sex couples."

The U.S. Supreme Court's ruling in V.L. v. E.L. is important for all who adopt in one state and move to another state, because it is a fullthroated pronouncement that the full faith and credit clause of the U.S. Constitution will apply.

https://lawprofessors.typepad.com/adoption_law/2016/05/alabama-annuls-its-ruling-in-el-v-vl-gay-adoption-case.html

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