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Case challenging an extreme law that left children adopted by same-sex couples in other states “orphans” when their families moved to or traveled through Oklahoma

Summary

In 2004, the Oklahoma legislature enacted an extreme law that left children adopted by same-sex couples in other states orphans in the eyes of the law when their families moved to or traveled through the state. Lambda Legal sought to overturn the law on behalf of three families. Each family is headed by a same-sex couple with children adopted in Washington, New Jersey and California respectively. Two of the families moved to Oklahoma; the third still lives out of state but wishes to travel to Oklahoma. We argued that the law is unconstitutional. A federal court struck down the extreme law and prohibited state officials from enforcing it in the future. The case was appealed and the U.S. Court of Appeals for the 10th Circuit rejected the Oklahoma Department of Health’s challenge to a lower court decision and struck down the antigay Adoption Invalidation Law.

Context

All legal parents have a fundamental right to care for and raise their children, which is protected by the Fourteenth Amendment to the U.S. Constitution.

Lambda Legal’s Impact

Wherever efforts are underway to write antigay discrimination into local and state law, Lambda Legal is fighting back. At the same time, Lambda Legal is solidifying LGBT parenting protections by challenging laws that attempt to nullify legal adoptions of children by same-sex partners.