5th Circuit: Constitution does not require states to pretend two men can create a child
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Oren Adar and Mickey Smith, who in 2006 jointly adopted a boy in New York, demanded that a Louisiana registrar replace the names of the boy’s biological parents with their own on the child’s birth certificate. The registrar declined and instead offered to list only one of the men’s names on the certificate because Louisiana does not recognize unmarried couples as adoptive parents.
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“In this case, Louisiana may rationally conclude that having parenthood focused on a married couple or single individual–not on the freely severable relationship of unmarried partners–furthers the interests of adopted children,” the 5th Circuit noted, citing research underscoring the importance of stable family structures for the well-being of children.“In particular,” the court continued, “the report noted that marriage, when compared to cohabitation, ‘is associated with better outcomes for children,’ since marriage is more likely to provide the stability necessary for the healthy development of children.
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This fact alone provides a rational basis for Louisiana’s adoption regime and corresponding vital statistics registry. Moreover, since the law here attempts neither to encourage marriage nor to discourage behavior deemed immoral…, but rather to ensure stable environments for adopted children, the court has sufficient basis to hold that the Louisiana law does not run afoul of the equal protection clause.”
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