Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2019-10-02
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor
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

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


facebook twitter google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

New report details network of organizations working against LGBT rights 2019-10-10 - ( Washington, DC ) Today, Accountable for Equality released a new report that outlines the vast and broad network of state and national ...


Gay News

Planned Parenthood Votes launches electoral program for reproductive freedom 2019-10-09 - Washington, DC — Today, Planned Parenthood Votes announced the launch of its largest-ever program to help elect reproductive rights champions up and down ...


Gay News

NATIONAL Marriage advocate divorcing, Black gay couple, trans death 2019-10-08 - A Utah state lawmaker who filed a lawsuit that successfully overturned the state's ban on same-sex marriage is separating from his husband, U.S. ...


Gay News

WORLD Kenyan magazine, Russian anti-LGBT ruling, Brazilian films 2019-10-08 - Pride Umbrella Kenya, a member organization of The Refugee Coalition of East Africa ( RefCEA ), announced the launch of QR Magazine, a ...


Gay News

SUPREME COURT ARGUMENT There is optimism 2019-10-08 - WASHINGTON, DC—It was the second day of the court's 2019-20 session, and the two hours of arguments Tuesday, October 8, were split between ...


Gay News

Supreme Court Hears Oral Arguments in Historic LGBTQ Employment Cases 2019-10-08 - "…LGBTQ employees have been punished simply for not conforming to the employers' sex-based stereotypes about how they should behave or who they should ...


Gay News

Center on Halsted seeks to replace Walsh Security after community pressure 2019-10-05 - At an Oct. 5 press conference, Lighthouse Foundation ( LF ) Board President Rev. Jamie Frazier and colleagues—who had just left a meeting ...


Gay News

James McIntyre on foster care system, advocacy, award 2019-10-05 - =When James McIntyre was 3, he was placed in the Illinois foster care system with his four other siblings due to parental neglect ...


Gay News

CLLAW returns to Chicago Nov. 2 2019-10-05 - The Chicago League of Lady Arm Wrestlers ( CLLAW ) returns with its 34th match CLLAW XXXIV: Good vs. Evil on Saturday, Nov. ...


Gay News

Descovy approved for PrEP usage 2019-10-04 - Pharmaceutical giant Gilead Sciences announced Oct. 3 that it had received FDA approval for its medication Descovy to be used as a pre-exposure ...


 



Copyright © 2019 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

Sponsor
Sponsor
Sponsor
Sponsor


 



About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

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.