Gay legal battle for the adoption of heads Goes to Supreme Court
The national gay rights advocacy group Lambda Legal files a brief with Virginia Supreme Court Monday to support a legal battle for birth certificates of children born in Virginia and adopted by homosexual couples in other countries .Richmond Circuit Judge G. Randall Johnson decided in February that the state, there is no obligation to issue new birth certificates for these children.
The judge said that the State issuing new birth certificates with the names of the adoptive parents of children from their birthplace of parents in conflict with the policy of Virginia, the ban on adoption by couples unmarried.
The case was brought before the Supreme Court. A hearing date has been set.
Three gay couples filed a complaint in 2002, having been unable to Virginia State Health Commission issues new birth of their adopted children. The two male couples have children in Washington, DC, and now live in Bethesda, Md., Lancaster, PA Another couple took in New York, where they still live.
He also files a brief Monday, said Rebecca Glen Berg, a lawyer for the American Civil Liberties Union of Virginia, the complaint filed in Richmond.
Both Lambda Legal’s friend-of-the-court and the Human Rights Tribunal of the Interior requesting brief argues that because courts in other countries allows gay adoption, birth certificates are issued that these children such as they are adopted, the children of heterosexuals.
The applicants and Lambda Legal argue that this is not by issuing certificates, the State is treating children differently than other children, so that the constitutional guarantee of equal protection.
University of California, Berkeley Adoption of Jura professor Joan Heifetz Hollinger also files a friend-of-the-court tribunal Monday, support the position of the ACLU, said Hollinger.
Virginia Deputy Attorney General David Johnson argued that the state can not be coerced, for exceptions for people who are not citizens of Virginia.
Johnson also alleges that a modification of documentation for some people is not only difficult for record-keeping agencies, but it would be unreasonable to enter the public policy debate.
The birth certificates for children of same-sex couples are vital, Jack Senterfitt, a Lambda Legal lawyer southern regional offices in Atlanta, said Monday. In a case of medical emergency, a birth certificate may be necessary to create a mother-child relationship, this treatment can be authorized, he said.
The Prosecutor General Office is discussing ensure the Tribunal, the initial decision, spokesman Tim Murtaugh said Monday.
“The fact is, Virginia law unmarried heterosexual couples can not be a child, not as gay couples can not,” said Murtaugh. “The couple claim the rights others have not.”
In March 2003, a Mississippi judge ordered the state to give a new birth of a child born Mississippi, a lesbian couple in Vermont. The judge ruled that Mississippi’s laws do not specify parents must adopt the sexes.
The state did not appeal against the decision, but the legislature has outlawed since the adoption by homosexual couples.
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