http://www.alternet.org/columnists/story/60289/
"That wrongheaded statute declared that Oklahoma would refuse to recognize "an adoption by more than one individual of the same sex from any other state or foreign jurisdiction." In other words, if a gay couple and the child they adopted in, say, California or Maryland moved to Oklahoma or simply drove through Oklahoma on vacation, they would not be treated as a legally recognized family by any Oklahoma official -- whether a police officer, public school teacher or judge."
Thank goodness judges have more sense than our legislators.
Let me preface this by saying that I have nothing against allowing gay couples with children to have their adopition decrees upheld in Oklahoma, but don't do a victory dance yet...it's clear from the ruling that the state can still modify the law so that it has the same effect, but written differently (making distinctions between adoptive and birth parents). I hope they let this die on the vine, but I doubt it.
I like happy people. Welcome!
IP, Human Services have said they they will not attempt to seek a redraft and will give full faith and credit. I suppose the legislature could step in, but the agency is not seeking such a move. The tailoring would have to be narrow enough to leave loop holes anyway...
Happy people scare me, I think they have something to hide.
I think on this issue Nelly and I agree. This could be a first. However, this passage from Finstuen v. Crutcher, 2007 WL 2218887, 11 (10th Cir. (Okla.)), the citation of this case, should give significant pause to those victory dancing:
"Full faith and credit, however, does not mean that States must adopt the practices of other States regarding the time, manner, and mechanisms for enforcing judgments. Enforcement measures do not travel with the sister state judgment as preclusive effects do; such measures remain subject to the even-handed control of forum law."
If Oklahoma wants to interfere with a gay adoptive parent's efforts at enforcing their legal rights, it sure looks like it can.