Their Children’s Birth Certificates: The Next Fight in LGBT Equality

116811768_ed57f12c16_m.thumbnail.jpgThis week, New York City joined the rest of the state in allowing married lesbian couples to list both women as parents from when one of them gives birth, though the state itself does not yet perform same-sex marriages. In May Gov. David Paterson had ordered state agencies to respect out-of-state same-sex marriages saying that recent court ruling could subject agencies to discrimination claims; this was implemented in December. New York City keeps its own vital statistics separately from the state; the city’s Board of Health voted unanimously to make the change.

This New York state law is having an effect elsewhere. A federal judge ruled March 19th that Louisiana has 15 days to add the names of both fathers to the birth certificate of a boy born in Shreveport and adopted by a gay couple from New York who now live in Southern California. The boy’s parents, Oren Adar and Mickey Ray Smith, adopted their Louisiana-born son in New York state, and want both their names on his birth certificate. Louisiana law only allows one single person or a married couple to adopt, but U.S. District Judge Jay Zainey ruled in December that because the adoption became formal in New York, the Office of Vital Records must recognize that state’s adoption law on the matter.

The state of Louisiana is asking the 5th U.S. Circuit Court of Appeals to overturn the ruling. State Attorney General Buddy Caldwell wrote in email statement:

The federal district court has significantly misinterpreted Louisiana vital records law, forcing Louisiana to import and adopt New York law.

In , Louisiana Legislature will hear a bill submitted days before the judges ruling which would make it make it illegal to create a birth certificate for anyone who didn’t meet Louisiana’s adoption laws.

4 Responses to "Their Children’s Birth Certificates: The Next Fight in LGBT Equality"
Elliott | Sunday March 29, 2009 07:52 am 1

Ahh Lisa, thank you


MadProfessah | Sunday March 29, 2009 11:14 am 2

This is an extremely important case to follow.


Alison | Sunday March 29, 2009 07:01 pm 3

The obsession with putative genetics is weird. Either you want a birth certificate to show the names of the people who are responsible for a child, or you want to show the identity of the child’s genetic material.

While the former is useful most often, there might be a reason for the other kind of identification. But there is NO need for this Louisiana nonsense.


shell | Sunday March 29, 2009 08:50 pm 4

I don’t care where they put it — on the Birth Certificate or somewhere else, but the two people who created a child (male and female) must be in the record somewhere. I always hear, “Oh, needing to know your genetic background is very rare.” (As when you need medical info.) Of course, are you willing to bet you won’t need it? And, more and more, you will need to know this — with all the genetic shenanigans.

But if we’re just talking about names on a birth certificate, who cares? As long as the genetic info is somewhere, carry on.


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