Adar v. Smith
Case successfully representing gay fathers in Louisiana who were refused a birth certificate for their newly adopted son by the office of State Registrar.
Plaintiffs
Oren Adar, Mickey Ray Smith and J.C.A.-S.
Attorneys
Lambda Legal
Kenneth D. Upton, Jr.
Co-counsel/Cooperating Attorneys
Matthews and Spencer R. Doody of Martzell & Bickford in New Orleans
Summary
After legally adopting their Louisiana-born child in the state of New York, Oren Adar and his partner Mickey Smith were told by the Louisiana state registrar that she would not issue a new birth certificate for their child, because Louisiana does not recognize adoption by unmarried parents. Lambda Legal filed suit on behalf of Adar and Smith in October 2007, saying that the registrar violated the Full Faith and Credit Clause of the U.S. Constitution by refusing to recognize the New York adoption decree, and that denying a birth certificate only to children of unmarried parents violates the Equal Protection Clause of the Constitution. The Louisiana attorney general had earlier advised the registrar that she did not have to honor an adoption from another state that Louisiana would not grant under Louisiana law if the couple lived and adopted there. In December 2008, a U.S. district judge ruled against the registrar, finding that the attorney general was wrong and that the registrar’s conduct did not comply with her full faith and credit obligation. The court issued a summary judgment ordering her to issue a new birth certificate identifying both Oren Adar and Mickey Smith as the child’s parents.
Context
Because a growing number of children in the United States are being raised by same-sex couples and many states would treat them differently, the U.S. Constitution necessarily provides important and universal protections for these families, including respect for their parent-child relationships.
Lambda Legal's Impact
Victories like this one secure legal ties between parents and children and have a profound impact on the emotional and economic stability of LGBT and HIV-affected families. LGBT parents and those living with HIV must be treated equally under the law, and the best interests of children must always be observed.
History
- October 2007 Case is filed in US District Court for the Eastern District of Louisiana.
- December 2008 Judgment is granted in favor of Plaintiffs.
- January 2009 Defendant files Motions for a New Trial and To Dismiss Judgment, and Notice of Appeal.
- October 2009 Lambda Legal argues the case before a three-member panel of federal judges in the Fifth Circuit Court of Appeals.
