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US Supreme Court Justice Gorsuch’s Dissent v. Same-Sex Families

According to this article, newly installed U.S. Supreme Court Justice Gorsuch’s dissent in Pavan v. Smith demonstrates that the U.S. Supreme Court’s Obergefell v. Hodges decision establishing the same marriage equality for same-sex couples as for opposite sex couples may be subject to future attacks.

Pavan v. Smith involved an appeal to the U.S. Supreme Court after the Courts in the State of Arkansas refused to issue birth certificates of both same-sex married parents.  The U.S. Supreme Court, citing its Obergefell decision, issued an opinion that same-sex married couples must receive the same treatment as opposite sex married couples (ie., the spouse of the parent giving birth via an anonymous sperm donor can be added to the child’s birth certificate) in accordance with Obergefell.  In essence, had the couples been opposite sex, the State of Arkansas would have issued the birth certificates and now must do so for same-sex couples pursuant to Obergefell.  

Justice Gorsuch dissented insisting that the State had a biological reason entitling the State to the benefit of at least presenting its argument before the US Supreme Court.  This dissent is troubling because opposite sex married couples who are artificially inseminated with gametes from an anonymous sperm donor (ie., wives) are permitted to have their non-biological husband added to their child’s birth certificate, but Justice Gorsuch was arguing that non-biological men should be treated differently based on the gender of the person whom they married.  

This dissent signals Justice Gorsuch’s intention to (a) lead the conservative judicial movement; and (b) weaken Obergefell.

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California Bans State Travel to Alabama Over Anti-Adoption Law

According to this article, the State of California has also banned state travel to Alabama over Alabama’s law allowing adoption agencies to exclude LGBTQ families by citing faith-based policies.

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California Bans State Travel to Texas After Texas Enacts Law Allowing Adoption Agencies to Discriminate

According to this article, the State of California has banned state travel to the State of Texas after Texas enacted a law permitting adoption agencies to turn away adoptive families based on religious beliefs against sexual orientation.

 

 

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Kansas – Democratic Legislator Seeks to Survey Attorneys on Any Bias Observed Against Same-Sex Foster/Adoptive Parents

According to this article, a legislator in Kansas is seeking to survey attorneys on observations of any bias observed against same-sex foster/adoptive parents.

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Trend Watch – Five States Seek To Provide Faith-Based Adoption Protections To Date

According to this article, the count is up to five.  Five states now provide or are moving forward to providing for faith-based religious protections for adoption agencies which place a child’s needs and best interest below the religiously held beliefs of the adoption agency.  Essentially allowing an adoption agency to ignore a child’s best interests over religiously held beliefs.

The five states are:  Alabama (passed on May 3, 2017), South Dakota (passed in March 2017), Virginia (passed in 2012), Texas (pending legislation), and Oklahoma (pending legislation).

Georgia was moving in this direction, but the bill died when the legislature adjourned without acting on it in March 2017. 

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Texas – Faith-Based Adoption Agency’s Religious Beliefs Trump Child’s Best Interest

According to this article, a bill in the Texas House just passed permitting faith-based adoption agencies to reject adoptive parents based on the agencies religiously held beliefs.   It has been argued that the rejections may include gay, divorced, non-Christian, Jewish, etc. 

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Kentucky – Judge Refuses To Hear Gay Adoption Cases Citing Best Interest of Child

Report that a Kentucky Judge issued an Order yesterday – April 27, 2017 – refusing to hear gay adoption cases because of his belief that the adoption is against a child’s best interest.

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Proposed Child Welfare Provider Inclusion Act — Bishops Support Agency Gay Adoption Discrimination

According to this article, three chairman of the US Conference of Catholic Bishops’ committees signed a letter to Pennsylvania Representative Mike Kelly on April 10, 2017 voicing their support for the Child Welfare Provider Inclusion Act which would allow U.S. adoption agencies to legally exclude same-sex couples from consideration for adoption based on their “sincerely held religious beliefs and moral convictions.”  The Bishops support carving out a religious exception to state anti-discrimination laws that would allow religious adoption agencies to continue to receive state dollars.

The three chairs are:  (1) The chairman of the US Bishops’ Ad Hoc Committee for Religious Liberty; (2) the chair of the bishops’ Subcommittee for Defense and Promotion of Marriage; and (3) the Chairman of the Bishops Committee on Domestic Justice and Human Development.

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Nebraska Supreme Court – Rejects State’s Ban on Gay Adoption; Holds It’s Akin to ‘White’s Only” Racial Discrimination

The Nebraska Supreme Court released an opinion on Friday, April 7, 2017, denying the State’s request to reverse the Nebraska Judge’s holding that the State’s ban on gay adoption was unconstitutional.  The Supreme Court also awarded legal fees in excess of $150,000 to attorneys representing the adoptive families, and clearly stated that a gay adoption ban was akin to ‘White’s Only” racial discrimination signs.

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Osaka Becomes First Japanese City To Recognize Same-Sex Adoption

According to this blog, Osaka, Japan just became the first city in Japan to recognize same-sex adoption.

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