(New Orleans, Louisiana) The state of Louisiana has asked a federal judge to reconsider a ruling that both names of a gay couple must appear on the birth certificate of their adopted son.

When Smith attempted to get a new birth certificate for their child, in part 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.

This week, Louisiana attorney general’s office asked Zainey to reconsider the ruling or order a full trial.

The brief argues that Adar and Smith have no legal right to sue because they could get a birth certificate with either Adar’s or Smith’s name on it.

Lambda attorney Kenneth Upton, who represents Adar and Smith, called the argument “offensive” likening it to restrictions overturned decades ago restricting Blacks to the rear of buses -  “You don’t have a transportation problem, you just sit in the back of the bus.”

The attorney general’s brief said that if Judge Zainey does not order a new trial he should refer the case to the Louisiana Supreme Court.