Several appellate courts have issued significant LGBT-related rulings in recent days. Here is a brief summary of the new developments.
Roy Moore Loses Reinstatement Appeal before “Alabama Supreme Court”
The Alabama Supreme Court normally consists of seven justices elected by the people of the state, but when Roy Moore, who was suspended as chief justice by order of the state’s Court of the Judiciary on September 30, 2016, sought to exercise his right to appeal … <Read More>
The U.S. Supreme Court unanimously reversed a decision by the Alabama Supreme Court and ordered that Alabama courts accord “full faith and credit” to a lesbian co-parent adoption that was approved by a Georgia trial court. The March 7 decision in V.L. v. E.L., No. 15-648, was reached without any oral argument before the high court, and the opinion was issued “per curiam” without any dissent from the Court’s conservative members.
The Alabama Supreme Court’s … <Read More>
A lesbian mother’s quest for joint custody of the children she had adopted in Georgia and raised together with her former same-sex partner took a step closer to the Supreme Court on Monday, December 14, when the Court granted her “Application for Recall and Stay of Certificate of Judgment of Alabama Supreme Court.” V.L. v. E.L., No. 15-648. V.L. is asking the Supreme Court to overturn a September 18 ruling by the Alabama Supreme … <Read More>
Attorneys for V.L., the adoptive mother of children born to her former same-sex partner, have asked the U.S. Supreme Court (SCOTUS) to review an erroneous decision by the Alabama Supreme Court to refuse to recognize the adoption that was approved by the Georgia Superior Court, and have also asked SCOTUS to restore her visitation rights while the appeal is pending by suspending the Alabama Supreme Court’s order in the case. The petitions were filed on … <Read More>
Under the United States Constitution’s Full Faith and Credit Clause, a state court is supposed to recognize the judgments of courts from other states unless those courts did not have jurisdiction over the parties or the subject matter of the case. Asked to rule on whether an Alabama court must recognize a Georgia adoption decree involving a same-sex couple, however, the Alabama Supreme Court manufactured a jurisdictional issue in order to reverse a ruling by … <Read More>
On March 3 the Alabama Supreme Court “pulled a fast one,” issuing a per curiam decision seeking to effectively override some federal district court opinions, ordering the probate judges throughout the state to continue enforcing Alabama’s constitutional and statutory prohibitions on same-sex marriage even though the federal district court has declared them unconstitutional, and both the 11th Circuit and the Supreme Court had denied Attorney General Luther Strange’s petition for a stay pending appeal to … <Read More>