Lambda Legal Asks Supreme Court to Take Birth Certificate Case

Jul 11, 2011 - LegalZoom News Sources
The U.S. Supreme Court might hear case of same sex couple denied birth certificate for adopted child.

Lambda Legal has petitioned the U.S. Supreme Court to hear the case of Oren Adar and Mickey Smith, a same-sex couple denied a birth certificate for their adopted son by the state of Louisiana.

According to the Miami Herald, Adar and Smith adopted their son in New York in 2006. Because the child was born in Louisiana, Adar and Smith requested the Louisiana state registrar issue a new birth certificate listing both men as parents. The request was denied on the grounds that Louisiana does not grant adoptions to unmarried parents.

Adar and Smith sued the state, and both a district court and appeals court found in their favor, ordering the registrar to draw up the requested birth certificate. However, a second appeals court overturned the previous decisions, leading the men's counsel, Lambda Legal, to take the case to the Supreme Court.

Ken Upton, a senior staff attorney at Lamda's regional office in Dallas, told the Miami Herald Louisiana's refusal to draw up the document is a violation of the Constitution's equal protection guarantees and upends legal precedent, which says children cannot be discriminated against based on the identity of their parents.

Gay marriage will be legal in New York as of July 24, and the Associated Press recently reported the state's number of adoptions by same-sex couples is expected to spike.