I covered Oklahoma’s anti-gay adoption law — which not only prevented gay adoptions in the state, but also prohibited the state from recognizing adoptions granted in other states to same sex couples — when it was passed by the Oklahoma House and Senate. I wondered then how it could possibly stand. Well, it didn’t.
A federal court Friday struck down an Oklahoma law described as being so extreme it had the potential to make children adopted by same-sex couples in other states legal orphans when the families are in Oklahoma.
Although single gays may become the parent of adoptive children same-sex couples are barred from adopting and law allowed the state to invalidate adoptions where couples have been awarded joint parenting rights in states where co-adoption is legal.
In a 31 page ruling the court was highly critical of the state legislature for passing the law.
“The very fact that the adoptions have occurred is evidence that a court of law has found the adoptions to be in the best interests of the children,” wrote U. S. District Judge Robin Cauthron.
It’s a relief, not because we ever plan to travel to or through Oklahoma, but because gay parents in Oklahoma don’t have to live with the possibility of having their relationships to their children nullified by state law. And their kids don’t have to worry about the state making them orphans.
But it’s also a sign that homo-haters are shooting themselves in the foot through the sheer virulence of their hatred. Georgia’s overreaching attempt to not only ban gay marriage but also nullify any legal relationships between same-sex couples was recently overturned. Now Oklahoma’s similarly overreaching ban on gay adoptions, which would effectively nullify our legal relationship to Parker if we ever found ourselves in Oklahoma, has met the same fate. There’s a good chance that Virginia’s law, which also nullifies any legal relationships between same-sex couples — driving some from the state — faces a similar challenge.
I know some people would like to legislate us and our families right out of existence, if possible. But for the time being, at least we have a court system that still protects the rights of minorities, which means minorities still have rights. For the time being, anyway.