Inconsistent State Laws Create Adoption Fight in Louisiana
Gay Louisiana fathers Oren Adar and Mickey Ray Smith won a major court battle when a federal judge ordered the state to list both men's names on their adopted child's birth certificate. Though their son was adopted in New York state, a jurisdiction permitting same-sex couples to jointly adopt, Louisiana law prohibits two unmarried people from doing so.
The state's attorney general has already filed an appeal to the 5th U.S. Circuit Court, claiming in his brief that "[t]he federal district court has significantly misinterpreted Louisiana vital records law, forcing Louisiana to import and adopt New York law." He has also asked the court to temporarily halt the ruling until the appeal can be heard.
The fight highlights the difficulty same-sex couples face when inconsistent state laws cast doubt on the legitimacy of marriages, civil unions, adoptions, and other legal statuses when they cross state lines. Before relocating, a family should consult an attorney in their new state to verify that their legal documents will be valid and recognized.
Via Mercury News.
Have a question, comment, or response? Share your thoughts.Minnesota Bill Would Constitutionally Ban Same-Sex Marriage
A new Minnesota bill introduced by Representative Dan Severson would amend the state's Constitution to declare that only a marriage between a man and woman would be recognized. The bill, co-authored by Representatives Mary Ellen Otremba, Lyle Koenen, Dave Olin, Mary Kiffmeyer, and Rob Eastlund, would make Minnesota the forty-third state to restrict same-sex couples from marriage, and the thirty-first to do so constitutionally.
Senator John Marty (pictured) introduced a competing bill earlier this year that would provide for gender-neutral marriage laws. Neither bill has yet received a vote.
Have a question, comment, or response? Share your thoughts.New Hampshire House Committee Splits Vote on Marriage
A New Hampshire bill promising marriage inclusion for same-sex couples has received a split vote from the House Judiciary Committee. While this does not necessarily indicate that the bill will be defeated, it means that no formal recommendation will be made when the bill goes before the full House.
The bill is intended to:
Have a question, comment, or response? Share your thoughts.[E]liminate the exclusion of same gender couples from marriage, affirm religious freedom protections of clergy with regard to the solemnization of marriage, and provide a mechanism by which same gender couples who have entered into a civil union prior to the enactment of this bill may obtain the legal status of marriage.
West Virginia Senate Approves Bill Protecting LGBs from Housing Discrimination
One out of every three people who identify as gay or lesbian report that they or someone they know has been unable to rent or buy a home because of their sexuality, according to a survey conducted by the Kaiser Family Foundation. Even more have experienced discrimination in other forms, including being denied the ability to list both partners' names on their home's deed or lease, or facing insurance companies who refuse claims or cancel policies because they are "unrelated".
There is federal protection against housing discrimination on the basis of race, color, national origin, religion, sex, family status, or disability, but not sexual orientation or gender identity. To date, only twenty states protect gays and lesbians seeking a home, fifteen of which also extend protections to transgender individuals.
The West Virginia Senate approved a bill last week that would make it the twenty-first state to disallow discrimination in housing on the basis of sexuality. The bill also protects gay employees from being fired for their sexual orientation. It must still be approved by the state's House, where similar legislation failed to pass last year.
Family Fairness recognizes the importance of laws protecting LGBT families from discrimination in housing, and so we will be adding information about your state's policies in our State of the Law section.
Have a question, comment, or response? Share your thoughts.Florida’s Amendment 2; FL Constitution, Article 1, Section 27, Marriage Defined and Domestic Partnership Rights
In Florida, statutory language was adopted mandating the proscription of same-sex marriage creation and recognition. In 2008, a ballot initiative sought to inject the statutory provisions within the constitution. With a vote of 4,890,883, 61.9% of voters, the amendment passed. The language of the amendment states, "Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized." The implication of the "substantial equivalent thereof" language causes concern for existing domestic partnerships.
Read more about marriage and domestic partnership rights in Florida here.
Have a question, comment, or response? Share your thoughts.How We Got Here: A Brief Analysis of “Gay” Marriage
Following the Stonewall Riots in 1969, homosexuals began aggressively seeking additional legal recognition of their relationships. Shortly thereafter in 1970, a couple in Minnesota applied for a marriage license. Richard Baker and Michael McConell applied for a marriage license from the Hennepic County clerk who subsequently denied their request. The two men claimed that they met statutory requirements for marriage and sought injunctive relief. The Minnesota Supreme Court ruled against the couple, citing marriage as being a predefined "institution" referencing its existence in the book of Genesis. According to the Court, marriage is defined as a union of man and woman, centered on procreation and childrearing, which same-sex couples were incapable of accomplishing.
Read more about the history of same-sex marriage here.
Have a question, comment, or response? Share your thoughts.