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SCOTUS Unanimously Overturns Alabama Supreme Court Ruling Against Gay

Stonecold

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The Supreme Court on Monday unanimously reversed an Alabama court’s refusal to recognize a same-sex adoption.

The justices upheld a challenge brought by an Alabama woman after her state’s highest court refused to recognize the adoption she and her former lesbian partner were granted in Georgia.

The couple never married and have since split up. But the case presented a test of an issue that crops up occasionally in state and federal courts since the Supreme Court struck down state bans on same-sex marriage: Can gays and lesbians be denied adoption rights?

The case was brought by “V.L.,” as she is identified in court papers, against her former partner “E.L.,” who gave birth to three children between 2002-04 while the couple was together. To win adoption rights for V.L., they established temporary residency in Georgia.

Now that they have split, E.L. agreed with the Alabama Supreme Court, which ruled in September that Georgia mistakenly granted V.L. joint custody. E.L.’s lawyers argued that “the Georgia court had no authority under Georgia law to award such an adoption, which is therefore void and not entitled to full faith and credit.”
 

W!nston

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I sort of remember this case. It is a confusing one to say the least. I'm not even sure how this ruling affects the custody of the children. The only thing I'm sure of is it is another instance where SCOTUS makes a favorable decision regarding Gay Marriage equality. We are entitled to all the legal nightmares afforded to Straight Married couples! :rofl:

Seriously though this is another step forward for us :)

Thanks for posting this stonecold!
 

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Just goes to show gay and straight couples got the same issues!
 

topdog

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In a nutshell, Article IV, Section 1 of the United States Constitution, known as the "Full Faith and Credit Clause", addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state."

To use marriage an example, one state may allow a 15 year old to get married with her parent's consent while another doesn't. However this clause says that once a couple is legally married in a more permissive state, every state must consider them married. They don't become unmarried when they cross state lines (which would be a nightmare to manage).

In this instance the Supreme court said that if the children were legal in Georgia, they don't suddenly become illegal if the family moves to Alabama. Alabama can still set adoption rules how they see fit, but that doesn't undo a legal adoption done elsewhere.
 

gb2000ie

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In a nutshell, Article IV, Section 1 of the United States Constitution, known as the "Full Faith and Credit Clause", addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state."

To use marriage an example, one state may allow a 15 year old to get married with her parent's consent while another doesn't. However this clause says that once a couple is legally married in a more permissive state, every state must consider them married. They don't become unmarried when they cross state lines (which would be a nightmare to manage).

In this instance the Supreme court said that if the children were legal in Georgia, they don't suddenly become illegal if the family moves to Alabama. Alabama can still set adoption rules how they see fit, but that doesn't undo a legal adoption done elsewhere.

Thanks for that very clear description of the "full faith and credit" clause.

I presume this clause also played a big part in the fight for marriage equality?

B.
 

topdog

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...I presume this clause also played a big part in the fight for marriage equality?

Yes, both for good and for ill.

In 1996 a state court in Hawaii shocked the country when they ruled in Baehr v. Miike it violated the rights of gay couples by only issuing marriage licenses to mixed sex partners. Though the ruling was stayed pending appeal, Republicans in the US Congress realized that gays could simply go to Hawaii to get married (not an unappealing proposition). Due to the Full Faith and Credit clause, those marriages would have to be honored everywhere. No one, least of all gay activists, ever considered that such a thing would happen for decades - yet Article IV, Section 1 put it tantalizingly within reach.

Thus, the Defense of Marriage Act (DOMA) was born to help build a firewall between Hawaii and the rest of the country.
 

gb2000ie

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Thus, the Defense of Marriage Act (DOMA) was born to help build a firewall between Hawaii and the rest of the country.

And I presume at least part of the reason DOMA eventually fell was that an act of congress cannot overrule the constitution!

B.
 

flikhem

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One can easily tell this was a poor and vaguely-worded decision since both sides are claiming victory. Hopefully sooner rather than later SCOTUS will put a stop to all the "religious freedom"/license to discriminate laws the backward states are passing. But I fear the debate might go on forever just like Roe v. Wade.
 
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