A few days ago I wrote about a case I’ve been following for a while now–one in which two gay men adopted a child who had been born in Louisiana and then sought a new birth certificate with both their names on it. (Louisiana would not have permitted such an adoption, but New York did.) As I noted, the Fifth Circuit released a unanimous opinion, concluding that Louisiana had to issue the birth certificate.
According to this report, the state plans to appeal. The initial effort will be to seek rehearing before the entire Fifth Circuit rather than simply a three judge panel. It seems to me fairly unlikely to succeed, but of course, we’ll have to wait and see.