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U.S. Supreme Court

Gay Couple Seeking La. Birth Certificate for Their Adopted Son Files Cert Petition

Posted Jul 13, 2011 6:00 AM CDT
By Debra Cassens Weiss

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A gay couple is asking the U.S. Supreme Court to overturn a Louisiana registrar’s decision that prevented them from being listed as the parents on the birth certificate of a Louisiana boy they adopted in New York.

The Louisiana registrar had refused to issue an amended birth certificate, citing the state’s disapproval of adoptions by unmarried couples, according to the cert petition (PDF posted by SCOTUSblog) filed Monday. The couple, Oren Adar and Mickey Ray Smith, say the registrar was required to enforce the New York adoption through the full faith and credit clause. The family now lives in Orlando, Fla., the Associated Press reports.

The New Orleans-based 5th U.S. Circuit Court of Appeals ruled against the couple in an April en banc decision, SCOTUSblog reports. The appeals court said the full faith and credit clause applies only to state courts, not other state officers, and is intended to bind state courts to decisions by other state courts. The appeals court also found no equal protection violation.

Lambda Legal is representing the couple, according to a press release. The case is Adar v. Smith.

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