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Supreme Court Shuts Down Alabama’s Attempt to Take Away Gay Parental Rights
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gay parental rights

Summary: Alabama was refusing to give a lesbian woman parental rights over the children she legally adopted with her partner in Georgia.

The U.S. Supreme Court wasted no time in overturning an Alabama judicial ruling, giving gay parents parental rights. Alabama had attempted to prohibit a gay woman’s ability to have parental rights over the three children she adopted with her partner. The lesbian couple had raised the children from birth.


Read France Recognizes Children Born Abroad to French Parents to learn how other countries are addressing similar issues.

No oral arguments were even heard for the case since the lower court’s ruling was against what the Supreme Court had ruled along with before. All eight judges ruled together with no dissenting vote. The decision by the Supreme Court stated that Alabama was required to recognize the woman’s rights because they were legally endorsed in a Georgia court.

The decision also stated that Alabama’s interpretation of the law went against previous rulings by the Supreme Court. The U.S. Constitution requires state courts to comply with judgements from other states.

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Alabama has had a difficult time following this rule when it comes to gay rights. The Alabama Supreme Court, led by Chief Justice Roy Moore, took its time implementing the legalization of gay marriage. This also was not the first time the U.S. Supreme Court had to intervene in this case. They ordered in December for the ruling to be put on hold so the woman could file an official appeal.

Recommended: Florida Court Allows Listing Three Parents in the Birth Certificate of a Child.

In 2007, a Georgia court allowed the woman to adopt the three children she had raised with her partner, the birth mother. The couple were never married and eventually split in 2011 but could not agree on a custodial arrangement. When the woman filed for joint custody in Alabama, the court gave rights to the birth mother but not the woman. They claimed they did not have to validate Georgia’s adoption order. The U.S. Supreme Court disagreed.





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