Oklahoma's antigay Adoption Invalidation Law repealed

A federal court on Friday struck down an Oklahoma law that would have had the potential to make children adopted by same-sex couples in other states legal orphans when the families are in Oklahoma. 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."

In a 31-page decision, the court ruled that the statute violated the U.S. Constitution by singling out a specific group for discrimination. In the court opinion, U.S. district judge Robin Cauthron wrote, "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."

"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 Ken Upton, senior staff attorney for the gay group Lambda Legal, which brought the case against the state. "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."

Among the plaintiffs represented by Lambda in the case were Ed Swaya and Greg Hampel, who live in Washington State and adopted their 3-year-old daughter, Vivian, after she was born in Oklahoma. The two men made news when the state of Oklahoma initially refused to issue an amended birth certificate that accurately reflected both men as Vivian's parents after a court in Washington issued an adoption decree. Before the Adoption Invalidation Law was passed, the Oklahoma State Department of Health issued Vivian's correct birth certificate, but before Friday's ruling Swaya and Hampel still were fearful about bringing Vivian to Oklahoma to visit her birth mother and see the state where she was born. (The Advocate)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

Be the first to comment on this story.

If you would like to submit a comment for posting, please fill out the form above.

All comments submitted via this form are subject to posting or publication. (To send a private letter to an Advocate editor or writer, please use the e-mail button at the top of the page, or use snail mail.) If you would like your comment considered for publication in The Advocate magazine, please include your full name, your city of residence, and a phone number where you can be reached during business hours so that we can confirm your identity. Your e-mail address and telephone number are strictly confidential and will not be shared or used for any purpose other than to contact you about your comment.

See the Contact page for sending comments for reasons other than responding to Advocate editorial and news stories.

Please note that comments sent by fax or snail mail are unlikely to be posted, although they will be considered for publication along with all letters received via e-mail or via this Web page. Comments that chiefly concern Advocate.com content will be considered for posting only on the Web site. The Advocate reserves the right to edit submitted comments for grammar, spelling, obscenities, or libel; we will, however, do our best to preserve the original comment's style and intent. Comments considered for publication in The Advocate magazine may also be edited for length.

More Exclusives

View From the Hill: The End of DADT?
Defense Secretary Robert Gates revealed that lawyers are exploring ways to ease enforcement of the military's gay ban, but cautioned that the law doesn't leave much wiggle room. He need look no further than DOD history for a lesson in altering the policy.

Hot Sheet: Week of July 5
When you get back from that big 4th of July barbecue, unwind with Sacha Baron Cohen's Bruno and your favorite B-movie-mocking, basic cable robots.

Hungry Like the Wolf
A master of viola, ukulele, piano, and harp, Patrick Wolf is a music prodigy -- one who, the night before this interview, spit on a cop and got himself arrested.

Soapside: Advocate's Guide to Daytime
Forbes March talks about playing gay, Otalia fans outraged, update on One Life to Live’s Patricia Maurceri’s firing over gay plot point, Phillip Chancellor III big reveal, and Erica Kane goes to Africa.

The Faces of Federal Prop. 8
With the federal challenge to Prop. 8 moving full speed ahead, Advocate.com sits down with the two couples named as plaintiffs in the suit.

Mommy, the Gays Are Coming
After a year of advancements and celebration for gay and lesbian Colombians, the community takes to the streets of Bogota for the country's biggest pride ever.

The Pride of Antwerp
Advocate.com hits the gay-friendly streets of Antwerp with openly gay police commissioner Serge Muyters.

Excerpt: Mean Little Deaf Queer
In an excerpt from her humorous and harrowing new memoir, Mean Little Deaf Queer, Terry Galloway recalls her early childhood, describing feelings of ugliness, confusion about gender, and being one of the boys.

Top Political Blogs
From Joe.My.God to The Daily Beast, Advocate.com spotlights a few of the best blogs that cover politics, inside and way outside the Beltway.

The Diva of French Television
A hot young screenwriter who has made gay OK for millions of French viewers, Nicolas Mercier sips champagne, dons a feathered hat, and says he wants to see Colin Farrell and Jude Law go at it.