Off the Kuff Rotating Header Image

SCOTUS upholds same-sex adoption rights

Awesome.

RedEquality

The U.S. Supreme Court in a victory for gay rights ruled Monday that states must honor adoptions by same-sex parents who move across state lines.

Citing the Constitution’s “full faith and credit” clause, the justices in a unanimous opinion rebuked the Alabama Supreme Court for denying a lesbian’s right to visit the three children she had adopted and raised with her former partner in Georgia.

Last year, a divided Supreme Court said same-sex couples had a constitutional right to marry in every state. But to the surprise of gay-rights advocates, the Alabama Supreme Court led by Chief Justice Roy Moore said in September that the woman’s adoption decree from Georgia was “void” and would not be honored.

Without bothering to hear arguments, the justices reversed the Alabama Supreme Court in an opinion that spoke for the full court.

The Alabama ruling “comports neither with Georgia law nor with common sense,” the justices said. “States may not disregard the judgment of a sister state because it disagrees with the reasoning or deems it to be wrong.”

Sarah Warbelow, legal director for the Human Rights Campaign, said the decision resolves one of the key outstanding issues in the wake of last year’s marriage ruling. “Everyone was waiting and watching for this case,” she said. “This should be the end of it now that the Supreme Court has weighed in.”

While the court’s conservatives dissented last year and said states should decide the marriage laws, they agreed Monday that the Constitution requires states to recognize legal judgments from other states.

That’s the nickel summary. What’s important about this ruling, in addition to what it actually was, is that it was unanimous and it came without any oral arguments. SCOTUS didn’t need to hear what the state of Alabama and any of its supporters had to say for themselves to know that their actions were wrong. That’s about as strong a message as they could send, one that may be loud enough for the Texas Legislature to hear. Don’t get me wrong, so-called “religious freedom” bills are definitely going to be at the top of the priority list. But with this clear message from SCOTUS, the bad guys may be forced to rein it in just a little. ThinkProgress and SCOTUSBlog have more.

Related Posts:

Comments are closed.