The Palmer Law Firm
  • CALL: 832-819-3529
  • Blog
  • FREE CONSULTATIONS
  • Services
  • Bio
  • Why Choose Us?
  • Client Process
  • FAQs
  • Should My Child Return to School?

Mississippi Ban on Gay Adoption Declared Void 

4/10/2016

0 Comments

 
Picture
A federal judge in Mississippi ordered the state to drop its ban on adoptions by same-sex married couples, saying Wednesday that it doesn’t pass muster under the Supreme Court’s 2015 landmark marriage ruling.
The law was said to be the last of its kind in the U.S. But efforts to skirt the full implementation of the Supreme Court’s decision in Obergefell v. Hodges using laws described as “religious freedom acts” remain alive and well in a number of Republican-led states along with measures permitting discrimination against transgender people.
Indeed, the Mississippi legislature has just approved a bill that says, among other things, public employees, businesses, and social workers cannot be punished for denying services based on the belief that marriage is strictly between a man and a woman and that the state government can’t prevent clerks from refusing to license a same-sex marriage. The measure is currently in a conference committee to work out differences between state House and Senate versions.
The state’s prohibition on adoption by same-sex couples was enacted in 2000, as state and federal courts began the process of legalizing same-sex marriage, and reads, simply, “Adoption by couples of the same gender is prohibited.”
It was challenged by four lesbian couples wishing to adopt children either privately or through the state’s foster care system.
Judge Daniel P. Jordan III, of the U.S. District Court for the Southern District of Mississippi, called the state’s defense of the law “tepid,” based mostly on issues of standing, and which agency or part of government could or could not be sued.
While Jordan said the Supreme Court’s Obergefell decision did not specifically involve adoptions, “the Court extended its holding to marriage related benefits—which includes the right to adopt. And it did so despite those who urged restraint while marriage-related-benefits cases worked their way through the lower courts.” Jordan cited this passage of the Obergefellopinion, written by Justice Anthony Kennedy: “Were the Court to stay its hand to allow slower, case-by-case determination of the required availability of specific public benefits to same-sex couples, it still would deny gays and lesbians many rights and responsibilities intertwined with marriage.”

0 Comments



Leave a Reply.

    Need more information about this or any other topic involving family law in Texas?
    ​
    Click the button below to book a

    FREE ATTORNEY CONSULT
    Book Now
    832-819-3529
    Picture
    Attorney Sean Y. Palmer has over 18 years of legal experience as a Texas Attorney and over 24 years as a Qualified Mediator in civil, family and CPS cases. Palmer practices exclusively in the area Family Law and handles Divorce, Child Custody, Child Support, Adoptions, and other Family Law Litigation cases.  He represents clients throughout the greater Houston Galveston area, including: Clear Lake, NASA, Webster, Friendswood, Seabrook, League City, Galveston, Texas City, Dickinson, La Porte, La Marque, Clear Lake Shores, Bacliff, Kemah, Pasadena, Baytown, Deer Park, Harris County, and Galveston County, Texas.
    Call
    ​ 832-819-3529

    Archives

    February 2021
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    July 2019
    June 2019
    November 2016
    October 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014

    Categories

    All
    Adoption
    Coronavirus
    Custody
    Disasters
    Divorce
    Divorce League City
    Grounds For Modification
    Harassment
    Holidays
    Litigation
    Parenting
    Property Rights
    Single Fathers
    Social Media
    Statistics
    Texas Divorce

    RSS Feed

The Palmer Law Firm

www.thepalmerlawfirm.com
www.mydivorcefirm.com


(c) 2021 Sean Y. Palmer

DISCLAIMER

​This website is for educational purposes. The information you obtain at this site is informational only and is not, nor is it intended to be, legal advice.  You should consult with an attorney for advice regarding your individual situation.   Sean Y. Palmer is the attorney responsible for the content of this site.  


DATA NOTIFICATION
Pursuant to the Health Insurance and Portability and Accountability Act, and the Texas Medical Records Privacy Act of the Texas Health and Safety Code, consumers are noticed that their protected health care information may be transmitted electronically.​




​

  • CALL: 832-819-3529
  • Blog
  • FREE CONSULTATIONS
  • Services
  • Bio
  • Why Choose Us?
  • Client Process
  • FAQs
  • Should My Child Return to School?