The Alabama Supreme Court is on the losing end of a continuing fight against LGBT rights. After the Supreme Court ruled in favor of same-sex marriages, Chief Justice Roy Moore of the Alabama Supreme Court prohibited probate judges in Alabama from performing same-sex marriages.
In another attempt to further quash any movement forward for LGBT rights, the Alabama Supreme Court recently refused to give full faith and credit to an out-of-state judgment allowing a same-sex partner to adopt her partner’s children.
Georgia Allowed Woman to Adopt Partner’s Children
E.L. is the biological mother of three children and V.L. was her same-sex partner who raised the children as a joint parent. Wanting to give legal status to V.L., the couple rented a house in Georgia where they subsequently filed an adoption petition. E.L. never relinquished her rights as the mother, but rather the petition asked V.L. to be a second parent to the children. The Georgia court found that the couple had complied with all the requirements under Georgia law and allowed V.L. to adopt the children.
After a move to Alabama and 7 years of co-parenting the children, the couple split up. V.L. alleged the biological mother was denying her access to the children as a result of the breakup and subsequently filed a petition with an Alabama circuit court to register the Georgia adoption decree so she could exercise her parental rights. After being transferred to a family court, the court ruled in favor of V.L. and awarded her visitation with the children.
The case was appealed all the way up to the Alabama Supreme Court, which ultimately ruled Georgia did not have proper jurisdiction under Georgia’s law to enter the adoption decree in the first place. In other words, the Alabama Supreme Court held that the courts were not required to give full faith and credit to the Georgia judgment and, therefore, refused to recognize the adoption and V.L.’s parental rights.
The U.S. Supreme Court got their hands on the case and reversed Alabama’s ruling, finding that Alabama must afford full faith and credit to the Georgia judgment. V.L.’s rights as an adoptive parent of the children were confirmed and her parental rights restored.
What is the Full Faith and Credit Clause?
Article IV, Section 1 of the U.S. Constitution is known as the Full Faith and Credit Clause and provides that “Full Faith and Credit shall be given in each State to the public acts, Records, and judicial Proceedings of every other State.” Each state must recognize the judgments made by other state’s courts.
Additionally, a state may not inquire into the actual merits of another case or judge why another state made a particular judgment or decision. Further, it may not question the validity of the state’s legal principles applied to base the decision.
The Exception to Full Faith and Credit
An exception applies. The state can inquire into jurisdictional issues on a limited basis. States are not required to afford full faith and credit to another state’s judgment if that judgment was not rendered under proper jurisdiction.
Alabama was looking to the merits of the case, rather than jurisdictional issues. The Alabama Supreme Court improperly reasoned that Georgia lacked jurisdiction to order the adoption decree because they tried to interpret Georgia’s laws and how they applied to the original judgment.
It didn’t matter why or how the Georgia court came to the ruling it did. It only mattered that the Georgia court had the proper jurisdiction to make the decision.
What Does This Mean For LGBT Issues Outside of Marriage?
The case is more about the Full Faith and Credit Clause of the U.S. Constitution than it is about same-sex adoptions or other LGBT issues. As LGBT issues continue to be at the forefront of issues in our country, those opposing any furtherance of LGBT rights will continue to fight the issue, especially cases like this where an out-of-state judgment clashes with their own laws and principles.
Regardless, the ruling should still be considered a victory for the LGBT community because it will affect future LGBT decisions and how they are honored by other states. This case ensures states have to honor out-of-state judgments, including those judgments made in favor of LGBT rights.
The U.S. Supreme Court made the distinction simple—courts only need to ask one question when determining whether to afford full faith and credit to an out-of-state judgment.
Now, Alabama is not only recognizing out-of-state adoption, but the Alabama Supreme Court has conceded and is now issuing same-sex marriage licenses.
Authored by Ashley Roncevic, LegalMatch Legal Writer and Attorney at Law
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