Wednesday, March 16, 2016
SCOTUS Enforces Recognition of Same-Sex Adoption
SCOTUS Blog (Mar. 7, 2016): Court Restores Woman’s Right to Be a Mother, by Lyle Denniston:
In a victory for LGBTQ advocates, the Supreme Court issued a unanimous decision on Monday, restoring a mother’s legal parenting rights to the children she had adopted with her same-sex partner, the children’s birthmother. The case, V.L. v. E.L., originated in Alabama, where plaintiff E.L. appealed a visitation order granted to V.L. to the Alabama Court of Civil Appeals. The Alabama Supreme Court nullified the visitation order, refusing to recognize the adoption decree granted in Georgia.
The Court’s unsigned (“per curiam”) decision in the Alabama adoption case was based entirely on the provision in the Constitution’s Article IV declaring that “full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state,” and on the Court’s prior interpretations of that clause. If a state court has jurisdiction under its own laws to issue a decision, Monday’s opinion said, then that decision is entitled to respect in the courts of every other state.
https://lawprofessors.typepad.com/reproductive_rights/2016/03/scotus-enforces-recognition-of-same-sex-adoption-.html