Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Windy City Times 2022-06-08
DOWNLOAD ISSUE
Donate

Sponsor
Sponsor

  TODAY'S BUZZ

Experts: Supreme Court adoption ruling puts in doubt about 90,000 adoptions by unmarried couples
From a Oct. 11, 2011 Williams Institute news release
2011-10-12

This article shared 7200 times since Wed Oct 12, 2011
facebook twitter google +1 reddit email


Today's decision by the U.S. Supreme Court declining to hear a case in which Louisiana refused to recognize an adoption by an unmarried gay male couple could potentially affect over 90,000 adopted children in the United States, according to research by The Williams Institute, a leading think tank producing research on issues of law and public policy related to sexual orientation and gender identity.

The Supreme Court decision in Adar v. Smith leaves in place a Fifth Circuit Court of Appeals ruling that upheld the right of the Louisiana state registrar to refuse to issue a birth certificate for the child adopted in New York by the gay male couple because Louisiana prohibits adoption by unmarried couples, including both different-sex and same-sex couples, within its borders. The 5th Circuit decision is a departure from a well-established line of cases interpreting the federal Constitution's "Full Faith and Credit" clause as requiring that the judgments issued by a court in one state, including adoptions, must be honored and enforced in other states.

The Fifth Circuit's decision could have broader implications, because Louisiana's law is not unique. Like Louisiana, at least five other states prohibit second-parent adoption by an unmarried partner of a child's legal parent per official construction of state law. One additional state expressly limits adoption to married, different-sex couples by statute, and one other allows adoption by unmarried, different-sex couples, but not same-sex couples, whether married or unmarried.

The Williams Institute's research reveals the breadth of this decision's potential impact:

- Over 90,000 adopted children in the United States could potentially be affected if the other states mentioned above followed Louisiana's position in this case.

- According to 2009 data from the U.S. Census Bureau, an estimated 47,000 unmarried, different-sex couples currently are raising over 64,000 adopted children in the United States.

- Additionally, an estimated 20,000 same-sex couples are raising nearly 30,000 adopted children.

While it cannot be determined how many of these children have been adopted by both members of these couples rather than by only one member, these are the best data available for estimating the entire population of families potentially affected by laws and policies such as Louisiana's.

Analysis of Census Bureau data also show that these couples are geographically diverse and live in every state in the United States:

- On average, individuals in same-sex or unmarried, different-sex couples raising adopted children are more likely to be racial and ethnic minorities than individuals raising adopted children as a whole in the United States.

- Parents in these families are younger and more likely to be employed, but have lower household incomes than families with adopted children generally.

Families in this population can be potentially affected by laws such as Louisiana's even if they don't live in, or move to, one of the states that does not allow unmarried couples to adopt. Even when in a state temporarily because of travel, legal recognition — or not — of an adoption can become relevant when a parent must make a medical decision on the child's behalf or if a child simply becomes lost and must be identified to be released to the parent ( s ) by the relevant local authorities. In an even worse scenario, if a child dies during such a trip, only adoptive parents whose legal status is recognized will likely be able to recover their child's body.

The Williams Institute filed an amicus brief in the Supreme Court in Adar v. Smith presenting data on the population of families potentially affected and the legal issues that could arise even for families who live outside these states. The Supreme Court's decision not to grant review in this case leaves for another day the question whether the Fifth Circuit has interpreted the federal Full Faith and Credit clause properly. Supreme Court review in the future will be more likely if another federal appellate circuit considers the same question and reaches a different conclusion about what the U.S. Constitution requires.

About the Williams Institute

The Williams Institute advances sexual orientation law and public policy through rigorous, independent research and scholarship, and disseminates it to judges, legislators, policymakers, media and the public. A national think tank at UCLA Law, the Williams Institute produces high quality research with real-world relevance. For more information go to: www.law.ucla.edu/williamsinstitute/home.html


This article shared 7200 times since Wed Oct 12, 2011
facebook twitter google +1 reddit email

  ARTICLES YOU MIGHT LIKE

Gay News

NATIONAL Biden's proposal, VP Harris, Elizabeth Taylor, outbreak, candidates
2022-06-26
Lambda Legal issued a press release lauding the Biden administration for issuing proposed regulations that will help protect LGBTQI+ youth against unlawful discrimination. The proposed rules, issued by the U.S. ...


Gay News

Supreme Court justice says marriage-equality ruling should be reconsidered
2022-06-24
U.S. Supreme Court Justice Clarence Thomas argued in a concurring opinion regarding the revocation of the constitutional right to abortion that the U.S. Supreme Court "should reconsider" its past rulings codifying rights to contraception access, same-sex ...


Gay News

Abortion decision called 'full scale assault' on rights
2022-06-24
In a ruling that one legal activist said will put LGBT rights "on the chopping block," the U.S. Supreme Court today (June 24) ruled 6 to 3 that the U.S. Constitution "does not prohibit" states from ...


Gay News

BREAKING U.S. Supreme Court overturns Roe v. Wade
2022-06-24
On June 24, the Supreme Court overturned Roe v. Wade, ruling there is no longer a federal constitutional right to an abortion. The decision means that states will determine abortion rights, which may prompt many women to go ...


Gay News

North Carolina to issue accurate birth certificates for transgender people without requiring surgery
2022-06-24
-- From a press release - (Greensboro, NC — June 23, 2022) — Transgender people born in North Carolina will now be able to correct the gender marker on their birth certificates without the need for surgery under a consent judgment issued ...


Gay News

Gov. Pritzker expands state license plate options to include Chicago Sky, Red Stars and Fire
2022-06-24
-- From a press release - CHICAGO — Governor JB Pritzker signed HB4434 into law today, expanding the options of professional sports team license plates Illinoisans can choose from at the Secretary of State. The change, which adds the Chicago Fire, the ...


Gay News

Illinois' Kwame Raoul joins VP Harris, other attorneys general to discuss reproductive rights
2022-06-24
-- From a press release - Washington — Attorney General Kwame Raoul joined Vice President Kamala Harris as well as Nevada Attorney General Aaron Ford, Wisconsin Attorney General Josh Kaul and California Chief Deputy Attorney General Venus Johnson for a roundtable discussion ...


Gay News

Supreme Court strikes down N.Y. gun law; LGBTQ+ groups react
2022-06-23
On June 23, the U.S. Supreme Court eased restrictions on carrying firearms in public, continuing a trend by the court in recent years of weakening gun restrictions, according to Yahoo! News. The court's conservative majority ruled ...


Gay News

NATIONAL Sec. of state; Palm Center; judicial nominees; Detroit bar
2022-06-19
Secretary of State Antony Blinken held a roundtable with six LGBTQI reporters at the State Department, according to The Washington Blade. It was the first time a secretary of state sat down with a group of ...


Gay News

Gov. Pritzker signs bills expanding protection for survivors of sexual assault
2022-06-16
-- From a press release - CHICAGO —At Chicago's Rush University Medical Center, Illinois Gov. JB Pritzker signed two bills aimed at making medical and legal care for victims of sexual assault broader and more accessible. HB5441 amends Illinois Criminal Code to ...


Gay News

Biden's historic executive order strengthens protections for the 2M LGBT youth in U.S.
2022-06-16
-- From a press release - Today, President Biden signed an executive order that includes actions to protect LGBTQI+ youth from conversion therapy, expand LGBTQI+ access to comprehensive health care, support LGBTQI+ youth in schools, end ...


Gay News

Kevin Spacey granted bail at UK hearing
2022-06-16
On June 16, embattled actor Kevin Spacey was granted unconditional bail at a magistrates court hearing in Westminster, London, as the sexual-assault case against him was referred to Southwark Crown Court, Deadline reported. Deputy Chief Magistrate ...


Gay News

Biden signs executive order advancing equality for LGBTQI+ Americans
2022-06-16
On June 15 (and during Pride Month), President Joe Biden signed an executive order advancing equality for LGBTQI+ U.S. residents. In part, Biden's order reads, "It is … the policy of my Administration to combat unlawful ...


Gay News

Governor signs bills expanding access to HIV- and AIDS-related care and prevention
2022-06-14
-- From a press release - Chicago—Governor JB Pritzker signed HB4430 and HB5549 into law today, removing barriers to access for HIV and AIDS care and prevention. HB4430 allows pharmacists to dispense both pre- and post-exposure prophylaxis drugs (PrEP and PEP) without ...


Gay News

Lambda Legal names Jennifer Pizer as chief legal officer
2022-06-14
Lambda Legal announced Jennifer C. Pizer, senior counsel and director of strategic initiatives, as acting chief legal officer upon the departure of Sharon McGowan, who officially leaves the position June 15, a press release noted. "Lambda ...


 



Copyright © 2022 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 
 

TRENDINGBREAKINGPHOTOS






Donate


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam     
Privacy Policy     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.