We Interrupt This Program?

I know there’s a perfectly good conversation being carried on in the comments here.    I’ve not been a part of it, largely due to travel.   And now I’m distracted by a couple of other items.    For the moment I’ll just note them.

First, yesterday the Supreme Court decided Adoptive Couple vs. Baby Girl–the case involving the Indian Child Welfare Act (ICWA) that has been discussed here in the past.  I’m trying to figure out the overall sense of it, but the short take-aways would be that the Court reversed the South Carolina Supreme Court and sided with the would-be-adoptive parents.   Big questions for me remain about what it all means and even what happens to Veronica (the baby girl, now three or near four) next.

Second, in minutes (11 right now) the Court will issue opinions in DOMA and Perry–generally lumped together as the same-sex marriage cases.   Not knowing what they’ll do I have no idea what to say about that.  But I, like many other people, am waiting to see.

More soon, then, on ICWA case and we’ll see about that others.   Meantime, carry on in the comments if you like.  I’ll try to catch up at some point.

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10 responses to “We Interrupt This Program?

  1. Thank you for sharing these updates here. Also I have appreciated the discussions that have ensued.

  2. me too,,, i hope you’ll have time to analyze more in depth,,, always food for thought even if i disagree, now no pressure… ;

  3. Wonderful news regarding DOMA. Nice to have some good news after the voting rights act decision.

  4. People are asking me questions about what I think regarding the state, birth certificates, genetic lineage and some other issues.

    My comments are awaiting moderation, I think because I linked to some newspaper articles and an amici brief regarding an Iowa State Supreme Court decision that dealt with a lesbian couple & the birth certificate. There’s a equal protection issue that I am concerned about that the amici brief discusses.

  5. M & ki sarita,

    Specifically you can read the amicus brief by googling “Amicus Brief of law professors in support of the Gartners.” (It’s that Iowa State Supreme Court case.) If you read page 7-9 and explains why these professors argue that adoption in these cases is both not sufficient protection for the family and why it is a violation of equal protection.

    The child is denied immediate access to the other spouse’s insurance, inheritance rights, and other legal protections if she is excluded from the birth certificate.

    The Iowa State Supreme Court agreed that it was a violation of equal protection to not put the name of the other same-sex spouse on the birth certificate at birth.

    • Would’nt be denied immediate access to insurance or inheritance or other legal protections as a step child of their parent’s spouse like a bazillion other children on this planet who are on their step parent’s medical insurance.

      I actually agree with the decision in terms of the existing law as it relates to marital presumption because men are named father of their wives children regardless whether or not they are related and so as a matter of equity I can see where a same sex partner could have a claim to be named there – were it not for the fact that the presumption is of paternity and paternity can be rebutted for lack of genetic relatedness. I think marital presumption of paternity is bad and should be done away with. I think the presumption of paternity should be based on actual paternity and the same goes for maternity and I say that so people stop hijacking other people’s kids into their families without going to court. It allows for all kinds of rights of the kid to be violated and it destroys families in the name of protecting the married couple’s little picket fence charade.

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