In September 2015, the Alabama Supreme Court decided that a second-parent adoption granted in Georgia was invalid and refused to recognize it. On March 7, 2016, the United States Supreme Court, in an unanimous decision, ruled that Alabama got it wrong. The adoption was valid under Georgia law and Alabama had no legal basis for deciding otherwise. (The case is V.L. v. E.L., et al., 577 U.S. ___ (2016)) By the way, the Supreme Court issued its decision without holding oral arguments. The Justices obviously saw no reason to delay the obvious. Alabama was wrong, period.
The United States Constitution has a provision called the "Full Faith and Credit" clause. Under Full Faith and Credit each State is required "...to recognize and give effect to valid judgments rendered by the courts of its sister States." (V.L. at p. 3).
The U.S. Supreme Court (aka SCOTUS) has issued several decisions affecting LGBT rights over the years. The last big one was Obergefell v. Hodges in June 2015 when the court decided that marriage equality could not be denied to same-sex couples. The V.L. v. E.L. decision runs along the same track but it addresses an issue on which SCOTUS has been silent--the right of same-sex parents to be legally recognized.
The V.L. decision is important because it removes any doubt that the Full Faith and Credit clause applies to adoptions involving same-sec parents. It also clarifies that one state must honor adoptions granted in another state even when there is disagreement.
This decision will provide considerable peace of mind to many same-sex couples and their children.
The United States Constitution has a provision called the "Full Faith and Credit" clause. Under Full Faith and Credit each State is required "...to recognize and give effect to valid judgments rendered by the courts of its sister States." (V.L. at p. 3).
The U.S. Supreme Court (aka SCOTUS) has issued several decisions affecting LGBT rights over the years. The last big one was Obergefell v. Hodges in June 2015 when the court decided that marriage equality could not be denied to same-sex couples. The V.L. v. E.L. decision runs along the same track but it addresses an issue on which SCOTUS has been silent--the right of same-sex parents to be legally recognized.
The V.L. decision is important because it removes any doubt that the Full Faith and Credit clause applies to adoptions involving same-sec parents. It also clarifies that one state must honor adoptions granted in another state even when there is disagreement.
This decision will provide considerable peace of mind to many same-sex couples and their children.
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