Federal Court in Louisiana Rules In Favor of Gay Adoptive Fathers

In New Orleans, a gay couple from California has won an important victory after U.S. District Judge Jay Zainey ruled that their adopted son’s Louisiana birth certificate must bear both of their names as the adoptive fathers. Oren Adar and Mickey Ray Smith of San Diego will be jointly listed under a full faith and credit ruling that could signal a major advance for gay couples and parents.

For many years, there has been a concern over whether the full faith and credit clause would force states to recognize same-sex marriages from other states. Bill Clinton and others opposed such efforts and passed legislation to confine marriage to heterosexual couples. Zainey’s ruling shows that the clause could trump such federal and state policies.

The Louisiana Attorney General’s Office supported the decision to refuse to list the names as joint fathers. The office argued that this goes beyond the same-sex issue since Louisiana law does not let two unmarried people adopt a child together, regardless of sex.

As we turn to the next chapter in the same-sex marriage debate, any full faith and credit ruling will be important. If such rulings increase, it will not only give new hope to equal treatment for gay and lesbian couples but it would also likely trigger a federal constitutional amendment fight.

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