Mississippi Is Actually Defending Its Comically Unconstitutional Gay Adoption Ban

[David_42]

Well, this is Mississippi..

Mississippi Is Actually Defending Its Comically Unconstitutional Gay Adoption Ban

When I last wrote about Mississippi’s gay adoption ban, I naively speculated that the state might decline to defend its own law in court. After all, Mississippi is the only state in the country that still bars same-sex couples from fostering or adopting children—and, more important, the Supreme Court’s Obergefell decisionclearly outlawed such discriminatory legislation. On Friday, however, I was proved a fool: Mississippi Gov. Phil Bryant and Attorney General Jim Hood have elected to defend their ban against marriage equality mastermind Roberta Kaplan’s lawsuit.

MARK JOSEPH STERN
Mark Joseph Stern is a writer forSlate. He covers the law and LGBTQ issues.

As ThinkProgress’ Ian Millhiser points out, that is a bizarre decision, since Mississippi’s gay adoption ban is plainly unconstitutional—even withoutObergefell. Two years before that case, the court declared in United States v. Windsor that the federal gay marriage ban “humiliates tens of thousands of children now being raised by same-sex couples.” Such a law, the court wrote, also “makes it even more difficult for the children to understand the integrity and closeness of their own family.” And it “brings financial harm to children of same-sex couples” by denying them access to vital benefits. The court has long held that a law that punishes children in order to express moral disapproval of their parents violates the Equal Protection Clause. In Windsor, the court built upon that logic, holding that the marriage ban’s humiliation of children was one significant reason why it violated “basic due process and equal protection principles.”

 

[C_Clayton_Jones]

"In Windsor, the court built upon that logic, holding that the marriage ban’s humiliation of children was one significant reason why it violated “basic due process and equal protection principles.”

In addition to being un-Constitutional, this sort of ignorance, fear, and hate is unwarranted and ridiculous.

 

[turzovka]

Well, this is Mississippi..

Mississippi Is Actually Defending Its Comically Unconstitutional Gay Adoption Ban

When I last wrote about Mississippi’s gay adoption ban, I naively speculated that the state might decline to defend its own law in court. After all, Mississippi is the only state in the country that still bars same-sex couples from fostering or adopting children—and, more important, the Supreme Court’s Obergefell decisionclearly outlawed such discriminatory legislation. On Friday, however, I was proved a fool: Mississippi Gov. Phil Bryant and Attorney General Jim Hood have elected to defend their ban against marriage equality mastermind Roberta Kaplan’s lawsuit.

MARK JOSEPH STERN
Mark Joseph Stern is a writer forSlate. He covers the law and LGBTQ issues.

As ThinkProgress’ Ian Millhiser points out, that is a bizarre decision, since Mississippi’s gay adoption ban is plainly unconstitutional—even withoutObergefell. Two years before that case, the court declared in United States v. Windsor that the federal gay marriage ban “humiliates tens of thousands of children now being raised by same-sex couples.” Such a law, the court wrote, also “makes it even more difficult for the children to understand the integrity and closeness of their own family.” And it “brings financial harm to children of same-sex couples” by denying them access to vital benefits. The court has long held that a law that punishes children in order to express moral disapproval of their parents violates the Equal Protection Clause. In Windsor, the court built upon that logic, holding that the marriage ban’s humiliation of children was one significant reason why it violated “basic due process and equal protection principles.”

I agree denying gay couples from adopting is federally illegal but I do not see how that is unconstitutional unless going against anything the Supreme Court decides is in their authority to rule on is unconstitutional? After all, even some of the lawyers who argued for legal abortion admit it has nothing to do with being constitutional.

Gay marriage has its own devise built in. And adopted children of gay parents have many tragic issues to overcome as well. Did you ever take the time to read what many now grown kids of gay couples have to say about it? No, of course not, because the media does not dare touch the subject.

Violating God's laws is not something one should take lightly. I understand Mississippi's perspective on this.

I am curious if you are equally incensed by "safe harbor cities" housing illegal alien criminals? How about those states who say to heck with federal drug laws, we shall legalize marijuana? It's ok if those kids from gay couples find those pot filled lollipops and candy bars and inadvertently get comatose over a chew, right?

 

[turzovka]

david rated my post as funny

And I rated David as unreachable. I have my doubts he has given the eternal much thought. Surely not the consequences.

 

[David_42]

david rated my post as funny

And I rated David as unreachable. I have my doubts he has given the eternal much thought. Surely not the consequences.

"the eternal much thought."