In February 2010, a federal appeals court upheld a December 2008 ruling by U.S. District Court judge Jay Zainey ordering the state of Louisiana to list both names of adopted gay parents, Oren Adar and Mickey Ray Smith, on their son's birth certificate. Their son was born in Louisiana but they adopted him in New York. The couple now lives in Orlando, and their case was overturned in April.
Today, Lambda Legal asked the U.S. Supreme Court to take the case:
Today Lambda Legal filed a petition for a writ of certiorari asking the U.S. Supreme Court to hear the case of a same-sex couple seeking an accurate birth certificate for their Louisiana-born son whom they adopted in New York. The state of Louisiana has refused to recognize the adoption and issue a birth certificate listing both fathers as the boy's parents.
"By treating adopted children whose parents are unmarried worse than other adopted children, Louisiana violates two well-established federal constitutional protections, both of which embody principles of equal treatment and unify us as a nation. First, the constitution mandates that Louisiana, like every other state, must treat all out-of-state adoption judgments equally. Second, Louisiana may not treat adopted children themselves differently based on the marital status of their legal parents," said Kenneth D. Upton, Supervising Senior Staff Attorney in Lambda Legal's South Central Regional Office based in Dallas. "We have long since abandoned the notion that the government can punish children to express disapproval of their parents or their families. The state of Louisiana cannot withhold a birth certificate for this child simply because it doesn't like who his parents are."
View the legal papers filed today HERE.