Thursday, August 5, 2010

Prop 8 Defeated: Where is the Equality for Adopted persons?

U.S. District Judge Vaughn Walker ruled that California's Proposition 8 is "unconstitutional under both the due process and equal protection clauses",

Walker found that it  violates the Constitution’s equal-protection promise to deny a minority group the fundamental right to wed. He found no compelling state interest in forbidding such marriages and that there was no credible evidence that society, the institution of marriage, children or anyone else would be harmed if gay people marry, he ruled. In fact, all evidence pointed to the benefits of letting people marry those they love and giving their children a more stable, legitimized family life.

Without any rational basis for banning these marriages, all that’s left is “the belief that same-sex couples simply are not as good as opposite-sex couples.” Whether the belief stems from religion, moral disapproval or animus, none can justify discrimination, Walker said.

Proposition 8, banning same-sex marriage, fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples.

Isn't there no compelling state interest in forbidding them their on birth certificate and no credible evidence that society, the institution of adoption or anyone would be harmed by allowing adoptees this equal right? In fact, all evidence points to the benefits of letting people live with truth and honesty?

Doesn't discriminating against adopted persons and denying them the same equal access all other citizens enjoy fail to advance any rational basis in singling out adopted men and women for denial and violate their Constitutional right to equal protection?


And let us not forget that marriages between a man and his mail order bride are perfecctly moral and is buying babies and obtaining a false birth certificate saying you gave birth to them. 


Anonymous said...

Past attempts to argue that denying OBCs to adult adoptees are unconstitutional have routinely failed.

Gaye Tannenbaum said...

Not to mention CHANGING the place of birth (still legal in NJ).

So - where is our civil rights attorney? This is clearly a 14th Amendment case to bring at the Federal level. Let's start with how adoptees are subject to the access rules of their state of birth, no matter where they live.

Mirah Riben said...


I know of only one attempt and it was more than 30 years ago.

If you know of attempts other than ALMA's, please let me know.

I believe we need a class action suit or just one adoptee in one state -- backed financially by ALL -- to take it all the way to the supreme court. The states not only deny equality, they create FRAUDULENT birth certificates that all other ID is based a post 9-11, id-theft world.

It's time to re-do!

RussiaToday Apr 29, 2010 on Russian Adoption Freeze

Russi Today: America television Interview 4/16/10 Regarding the Return of Artyem, 7, to Russia alone

RT: Russia-America TV Interview 3/10

Korean Birthmothers Protest to End Adoption

Motherhood, Adoption, Surrender, & Loss

Who Am I?

Bitter Winds

Adoption and Truth Video

Adoption Truth

Birthparents Never Forget