A former San Diego gay couple argued in the federal appeals court in Louisiana to allow the names of both men to appear on the birth certificate of their adopted son.
A panel of 16 judges from the fifth U.S. Circuit Court of Appeals heard arguments in the case of Oren Adar and Mickey Ray Smith, who recently moved from San Diego to Florida.
The couple adopted their son in New York in 2006. The boy was born to a woman in Shreveport, Louisiana. In October 2007, the registrar refused to put both fathers’ names on the adopted son’s birth certificate. So, they sued.
In February, a three-judge panel upheld a lower-court ruling in favor of the couple. But, the state then asked for a new hearing before the full panel in New Orleans.
The arguments on Wednesday were largely about whether a federal court was the appropriate jurisdiction for the case, and what obligation does one state have to recognize and enforce the laws of another state.
It may take up to 60 days for the court to issue an opinion on the case.
Louisiana does not allow unmarried couples to adopt. But, according to the court’s previous ruling, the Louisiana registrar official was violating the Full Faith and Credit Clause of the U.S. Constitution by refusing to honor an out-of-state adoption, even if the adoption wouldn’t have been granted under Louisiana law.
