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(Oklahoma City, Oklahoma) A federal court
Friday struck down an Oklahoma law described as being so extreme it had the
potential to make children adopted by same-sex couples in other states legal
orphans when the families are in Oklahoma.
Although single gays may become the parent of
adoptive children same-sex couples are barred from adopting and law allowed the
state to invalidate adoptions where couples have been awarded joint parenting
rights in states where co-adoption is legal.
In a 31 page ruling the court was highly critical
of the state legislature for passing the law.
"The very fact that the adoptions have
occurred is evidence that a court of law has found the adoptions to be in the
best interests of the children," wrote U. S. District Judge Robin Cauthron.
"To now attempt to strip a child of one of
his or her parents seems far removed from the statute's purpose and therefore
from [the state's] asserted important government objective."
The Adoption Invalidation Law, hastily passed at
the end of the 2004 Oklahoma legislative session, had said that Oklahoma
"shall not recognize an adoption by more than one individual of the same
sex from any other state or foreign jurisdiction."
Lambda Legal, representing same-sex couples took
the state to court. Lambda represented two same-sex couples and their families
who adopted children while living in other states and later moved to Oklahoma or
want to visit the state with their family
Lambda Legal argued that the law was
unconstitutional based on the United States Constitution's guarantees of equal
protection, due process and right to travel, as well as the mandates of the Full
Faith and Credit Clause.
The Court agreed, finding that the statute
violated the United States Constitution by singling out a specific group for
discrimination.
"Gay and lesbian parents in Oklahoma can now
breathe a collective sigh of relief because their relationships with their
children are no longer threatened by the state of Oklahoma," said Lambda
attorney Ken Upton. "We're gratified that justice has been handed down in
our case and that the court saw to it that Oklahoma has to treat the children of
gay and lesbian parents the same as all other kids."
©365Gay.com 2006
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