Alabama Judge Refuses To Approve Adoption Of Lesbian Couple Who Fought Gay Marriage Ban
ontopmag.com, February 26, 2015
Less than two weeks after a lesbian couple won the right to have their marriage recognized in Alabama, Mobile County’s probate judge has refused to process the couple’s adoption petition.
Cari Searcy and Kimberly McKeand, together over 15 years, exchanged vows in California in 2008.
In 2005, McKeand gave birth to the couple’s son, K.S.
In 2012, Mobile County Probate Judge Don Davis denied Searcy’s request to adopt K.S., citing the state’s law that only married couples may adopt their partner’s children. Davis determined that Searcy was not a “spouse” of McKeand because Alabama does not recognize their out-of-state marriage.
The women challenged the state’s marriage ban and won. U.S. District Judge Callie “Ginny” Granade declared unconstitutional an Alabama law and constitutional amendment limiting marriage to heterosexual couples. Her ruling took effect on Monday, February 9 after the Supreme Court refused to block its implementation.
Davis refused to comply with the ruling until Granade ordered him to begin issuing marriage licenses to gay couples.
According to AL.com, Davis has indicated that he will not process the women’s adoption petition until the Supreme Court rules in a case challenging marriage bans in four states.
A lawyer for the couple called Davis’ decision “disappointing.”
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