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The United States Supreme Court would not hear a case concerning the adoption process of a Louisiana child and a same-sex couple from New York.
The two unmarried men have adopted their 5-year-old son, who was originally from Louisiana. The couple wanted to have an accurate birth certificate for their child, so they requested one from the State of Louisiana. However, the state registrar would not list both men on the birth certificate as the child’s parents because, had they gone through the process in Louisiana, they would not have been eligible to adopt a child.
The couple and their legal team went through numerous courts to fight for their right to be listed as the child’s parents. They won their case in both a federal court and circuit court of appeals. Despite both victories, Louisiana held its ground and would not budge on the issue. Finally, the case was run through the appeals court again, where the couple was struck down by a divided decision.
The couple’s last hope was to bring the case to the U.S. Supreme Court to see how it would rule. However, the high court would not hear the case and will let the most recent ruling stand.
The couple argues that the ruling is contrary to the Full Faith and Credit Clause of the Constitution and it sets a dangerous precedent for children who may now become vulnerable when they move or travel to different states.
Under this decision, individuals can be parents in some states and not in others. This could make it so that kids in foster care throughout the state of Louisiana may stay there because unmarried couples are not going to want to adopt them and be subjected to prejudice.
Source: The Huffington Post, “In the Louisiana adoption case, it’s the child who suffers,” Kevin Cathcart, Oct. 14, 2011