Federal court tosses anti-gay adoption law

OKLAHOMA CITY—Oklahoma’s law banning state recognition of out-of-state adoptions by same-sex parents violates the U.S. Constitution, a federal appeals court has ruled.

The 10th U.S. Circuit Court of Appeals upheld Aug. 3 a ruling by a federal judge in Oklahoma who found the law passed by the Oklahoma Legislature in 2004 is unconstitutional.

“We hold that final adoption orders by a state court of competent jurisdiction are judgments that must be given full faith and credit under the Constitution by every other state in the nation,” the three-judge panel concluded in a 35-page decision.

The Oklahoma Health Department, which issues birth certificates, had appealed District Judge Robin Cauthron’s ruling. Three sets of same-sex parents had sued to strike down the law, arguing that it unconstitutionally singled out a specific group for discrimination.

An attorney for the same-sex parents, Kenneth Upton of Lambda Legal’s Dallas office, said he’s happy for the parents who sued and their children.

Upton said no other state has a similar law.