Supreme Court Reverses Decision Denying Same Sex Adoption

Alabama’s highest court refused to accept a Georgia court’s ruling granting this same sex couple adoption rights over the three children. The couple is identified as E.L. and V.L. in the court cases.

The Supreme Court held that a state cannot refuse to give full faith and credit to another state’s ruling just because the state disagrees with “the reasoning underlying the judgment or deems it to be wrong on the merits”.

This case reiterates the importance of maintaining the familial relationships intact and providing consistency for the children. A child should not be without their parent because a state disagrees with the law applied to legally establish that parental relationship.
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This case directly affects same sex couples who have adopted and are relocating to Alabama, but it is sending a message to all states that currently deny same sex adoptions.

Florida allows same sex adoptions by statute for married same sex couples and also for unmarried adults, so, although this case may not affect things in this state, it opens up the path for couples adopting in Florida to move freely without the fear of having their rights taken away.

Read more on the story here.

Attorney General Holder Tells State Attorneys General they do NOT have to Defend their State’s Ban on Same Sex Marriage

Monday night, Attorney General Eric Holder declared in an interview that State Attorneys General can refuse to defend same sex marriage bans upon a careful review of the law and application of strict scrutiny. Holder sees the issue as a constitutional one and compared it to Brown v. Board of Education, the 1954 case which integrated public schools. (See the article here.)

Although his statements do not directly impact state laws which currently ban same sex marriage, supporters see this as a bold declaration which signifies one more step towards marriage equality. Some State Attorneys General have already taken this stance and have openly refused to defend bans on same sex marriage. One of these is State Attorney General Mark Herring, who decided not to defend Virginia’s ban on same sex marriage in court. A group is now trying to get Attorney General Herring impeached.  (See article here.)

The efforts against Herring, mirror the opinion of several opponents to Holder’s comments on Monday, who believe that State Attorneys General must defend the laws of their state despite their personal opinion. On the other hand, would cases like Brown v. Board of Education have turned out the way they did if State Attorneys General defended their laws regardless of what they were? Or is the ultimate objective to defend the states’ constitutions no matter what they represent?

Author’s Note: Today, Wednesday 2/26/14, a Texas federal judge struck down Texas’ ban on same-sex marriage despite opposition from Texas’ Attorney General. (See article here)