Sunday, August 05, 2007

One Step Closer

Thanks to the Queer Revolution for posting this news. Here it is reposted if you haven't seen it. As for people asking about where's the rest of my trip pics, they are coming. It takes some work to edit all those pics and what not, and I have been working everyday since I've returned. So be a little patient.

Appeals Court Says Oklahoma 's Anti-Gay Law Unconstitutional

(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."

Lambda Legal, representing same-sex couples took the state to court. Lambda represented two same-sex couples and their families who adopted children while living in other states and later moved to Oklahoma or want to visit the state with their family

Lambda Legal argued that the law was unconstitutional based on the United States Constitution's guarantees of equal protection, due process and right to travel, as well as the mandates of the Full Faith and Credit Clause.

A year ago U. S. District Judge Robin Cauthron declared the Oklahoma law unconstitutional and the state appealed to the 10th Circuit.

Lambda Legal hailed the ruling.

"This was the most extreme example of punishing children because you don't approve of their parents," said Lambda attorney Kenneth Upton.

A spokesperson for the state said officials had not seen the ruling and he could not comment.

© 2007

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