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Loading ...La Moves To Bar Same-Sex Couples From Having Names On Birth Certificates
05.06.2009 3:20pm EDT
(Baton Rouge, Louisiana) The Louisiana legislature is moving forward with legislation that would bar the state from issuing birth certificates showing two people of the same sex as parents.
The House Health and Welfare Committee has voted 12-3 to send the bill to the full House for a vote. Gov. Bobby Jindal (R) supports the bill.The measure grew out of a federal lawsuit brought by a gay couple who want their names on the birth certificate of their adopted son.
Oren Adar and Mickey Smith adopted their Louisiana-born son in 2006 in a New York court, where a judge issued an adoption decree.
When Smith attempted to get a new birth certificate for their child so he could add his son to his health insurance, the office of Louisiana State Registrar Darlene Smith told him that Louisiana does not recognize adoption by unmarried parents and so could not issue it.
Lambda Legal filed suit on behalf of Adar and Smith in October 2007, saying that the registrar was violating the Full Faith and Credit Clause of the U.S. Constitution by refusing to recognize the New York adoption. The Constitution holds that judgments and orders issued by a court in one state are legally binding in other states as well.
In December, U.S. District Judge Jay Zainey in New Orleans ordered the state Office of Vital Records to put the names of both fathers on the amended birth certificate.
In his ruling, Zainey said failing to amend the birth certificate violated the U.S. Constitution. Zainey issued the ruling without holding a trial.
In April, the 5th U.S. Circuit Court of Appeals put a stay on the ruling to allow the state to appeal.
The 5th Circuit ordered legal briefs to be submitted in the case and the Appeals Court is expected to hear the case later this year.
Attorney General Buddy Caldwell said that the case brings up complex constitutional questions and is likely to end up before the U.S. Supreme Court.
The Supreme Court has ruled previously that there “are some limitations upon the extent to which a state may be required by the full faith and credit clause to enforce even the judgment of another state in contravention of its own statutes or policy.”
just a question. doesn’t a birth certificate need to have the birth parents? what if it is needed down the road for genetic health issues that may arise?
this is not to be misconstrued as being against it, just a simple question
Louisiana obviously has nothing better to do with its time. Sad.
Slavery in the south never ended. They just “redefined” it and started to target other people.
Jessi:
No. A birth certificate carries the name or names of the people who freely admit to being the parent. There is no ‘test’ required – biological or otherwise.
It is estimated that between 10 and 20% of ALL children are not the biological offspring of those who claim to be their parents.
That is a good question. And now my mind wonders. What if the child was born outside of a hospital. We have all read about children foun in dumpsters and the such. What happens to their birth certificates?
If we let the “Hate States” of the Deep South secede, can we make them promise to STAY gone THIS time???
Sounds to me like we are going to have a good old fashioned battle of the North and South on our Civil rights…The North is allowing same sex marriage, the South can’t stop it quick enough…All of us in the South just need to do an old fashioned uprising!!!
That sounds great Todd! But seeing is believing! Can you actually see that really happening?
And Louisiana is trying to stop a birth certificate from being issued for what non-religious reason? Is this for the betterment of the child? The fathers just want their son to have health insurance. What is wrong with that. I say send ALL medical bills to the Louisiana state legislature since they don’t want that child to have health insurance. May that little one never get sick.
All of this in the best interests of children?!
And Bobby Jindal is suposed to be the great hope of the Republican Party…right, just another narrow minded bigot caving in to right wing political pressure
Boycott Louisiana. I can’t think of anything worth partying about in New Orleans anymore, especially since there are so many supportive places around the nation to spend my vacation dollars.
What a shame hate still rules in the southern States. Why do they always throw religion around but forget the tenet Love Thy Neighbour. I would be immensely embarrased if iI lived in La. Luckily I live in Canada where human values are respected. With the northern States leading the way in what is right and fair I also believe it will be a North/South civil rights fight!! GO NORTH!! It’s amazing to see that historically the Northern States have always been the forefront in human rights there. Casey,,, you are so right! Whoever thought discrimination could be a minority hand-me-down!
Things need to be what they are. Birth certificates should document a birth. Driver’s licences should permit you to drive. Neither one should be used as identity documents, or to determine relationships. The problem in this particular case is with New York health insurance, not Louisiana documents.
Doesn’t LA have one of the highest rates of unwed teen pregnancy, and murder, in the US?
And THIS is what they devote their time to quibbling about?
Wow.