Saturday, August 04, 2007

Appeals Court Rules Anti-Gay Oklahoma Law Unconstitutional

This is good news from the 10th Circuit (http://www.365gay.com/Newscon07/08/080407oklahoma.htm). My only fear is that it goes up to the Supreme Court, it could be a close decision on whether the 10th Circuit is upheld. It would be perhaps better for the Supreme Court to decline the case and leave the 10th Circuit ruling intact:

(Denver, Colorado) The 10th U.S. Circuit Court of Appeals, sitting in Denver, has upheld a lower court ruling that struck down an Oklahoma law described as being so extreme it had the potential to make children adopted by same-sex couples in other states legal orphans when the families are in Oklahoma.

''We hold that final adoption orders by a state court of competent jurisdiction are judgments that must be given full faith and credit under the Constitution by every other state in the nation,'' the 10th Circuit said in its ruling. ''Because the Oklahoma statute at issue categorically rejects a class of out-of-state adoption decrees, it violates the Full Faith and Credit Clause'' of the U.S. Constitution.

Although single gays may become the parent of adoptive children same-sex couples in Oklahoma were barred from adopting and the law allowed the state to invalidate adoptions where couples have been awarded joint parenting rights in states where co-adoption is legal. The Adoption Invalidation Law, hastily passed at the end of the 2004 Oklahoma legislative session, had said that Oklahoma "shall not recognize an adoption by more than one individual of the same sex from any other state or foreign jurisdiction."

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