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Both Gay Dads Get Names on Louisiana Birth Certificate

“A gay couple in California have won a federal court ruling that orders Louisiana to put the names of both men on their adopted son’s birth certificate despite state law against unmarried adoption. The facts are so clear that no trial is needed, wrote U.S. District Judge Jay Zainey. Louisiana’s Office of Vital Records must give full faith and credit to the New York state court in which Oren Adar and Mickey Ray Smith adopted the boy, the judge ruled last week. The two gay men lived in New York at the time of the 2006 adoption, but have since moved to San Diego. The boy was born in Louisiana. The Louisiana office had refused to issue a birth certificate listing both as the boy’s legal parents. Louisiana law does not let two unmarried people adopt a child together, regardless of sex, wrote Carol L. Haynes, representing the state health department and registrar Darlene W. Smith. ” [WashTimes]

By:           editor editor
On:           Dec 27, 2008
Tagged: , ,
  • 7 Comments
    • Teddy V.
      Teddy V.

      Those damn activist judges are at it again! (jk) Seriously though, the gay activists who say the best way to advance our cause is through the courts may be on to something…

      Dec 28, 2008 at 12:07 am · @ReplyReply to this comment ·
    • BobR
      BobR

      The parents are heroes. Using the mechanisms for simple recognition of our existing laws and practices, they forced a government which continues to practice bigotry against its citizens to acknowledge their existence and equality before the state in the most mundane and non-controversial minutiae of every day life to people who don’t suffer from discrimination, but is a mountain to be lifted and moved for those who do. This couple moved that mountain. Through their efforts, and the efforts of more to follow, millions of lives will be bettered.

      Dec 28, 2008 at 9:26 am · @ReplyReply to this comment ·
    • John from  England(used to be just John but there are other John's)
      John from England(used to be just John but there are other John's)

      :)

      Dec 28, 2008 at 3:44 pm · @ReplyReply to this comment ·
    • edfromga
      edfromga

      I have little doubt that it will be the courts that will decide the issue of gay equality and this is one more significant step.

      Dec 28, 2008 at 5:00 pm · @ReplyReply to this comment ·
    • Rock
      Rock

      From a homophobe: “Obama putting Rick Warren up is a message that he isn’t going to make the same mistake Bill Clinton did. It is good to see him throwing the homos under the bus. They never should have held such a prominence in the Democrat party or any party. I imagine he will find a way to make nice after the fact.”

      Brilliant. Just brilliant.

      Dec 28, 2008 at 10:51 pm · @ReplyReply to this comment ·
    • BrianPrince
      BrianPrince

      Louisiana is an odd state — it’s the only state in the United States that doesn’t use a common law system — we all use common law (meaning that our court decisions are determined by the facts, and the judge’s views with regard to the application of the law to the facts). Louisiana isn’t… it’s code law — the judge’s ruling is plain and simple… it’s directly based of of what the legislature wrote… not what other judges have decided.

      I’m glad to see some common law being sort of… forced on Louisiana, especially common law that makes sense.

      Take that… Louisiana’s French Legal History!

      Dec 28, 2008 at 11:35 pm · @ReplyReply to this comment ·
    • Thanh
      Thanh

      What an idiot…Get the story straight first before posting it on here. The 5th US Circuit Court of Appeal have order a hold on the lower federal court ruling to have the state put both the father on the certificate. I’m pretty sure and very clear that the 5th U.S. Circuit Court of Appeal will decide in the state’s favor.

      Louisiana Law is very clear and it’s even more clear in our constitution that each state has it’s own rights and laws defined in their own constitution. The people have voted to out-law gay marriage and that’s point blank.

      Gay people need to get a life and stop causing so much trouble.

      Aug 31, 2009 at 9:28 pm · @ReplyReply to this comment ·

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