by William C. Duncan
This article was published as an exclusive work for the Ruth Institute newsletter published March 30, 2010.
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit recently issued an opinion ordering the State of Louisiana to issue an amended birth certificate for a child born in Louisiana but listing as the child’s parents two men. The child had been adopted by a male couple in New York. The court believed this result was mandated by the U.S. Constitution’s Full Faith and Credit Clause. The bad news is that I believe the Fifth Circuit panel was mistaken in this case, called Adar v Smith. Not long after the decision was released, the State of Louisiana announced it would seek a rehearing from all of the judges on the Fifth Circuit. The good news is that this petition provides an opportunity for the entire Circuit to provide a more child-friendly ruling, and remedy major defects in the panel’s decision. (more…)