Alabama court affirms state's anti-marriage law and blocks lesbian from adopting wife's child
An Alabama court blocked a lesbian from adopting her wife’s child because the state defines marriage as a union between a man and a woman.
The Alabama Court of Civil Appeals, as reported by Mercury News, found Cari Searcy can’t adopt her partner’s child. She and Kimberly McKeand were married in California in 2008 before such unions were banned by Proposition 8. The court majority noted Alabama did not recognize same-sex unions, even if they were performed in other states.
This case is an appeal of a decision by Mobile County Probate Court which argued that under the Southern state’s laws, the couple were not married.
Searcy and McKeand have been a couple for 14 years. Six years ago McKeand underwent artificial insemination and their son was born. In 2008, they responded to an essay contest sponsored by a San Diego Convention and Visitors Bureau publication explaining why they wanted to get married in California. Their six year old boy has been raised by the couple, and they filed for adoption papers so both could have the same legal rights concerning his care
‘This ruling solidifies the fact the institution of marriage includes a man and a woman raising the children,’ Republican state Sen. Gerald Allen said to the newspaper.
Alabama’s only out legislator, Rep. Patricia Todd, expressed disappointment in the ruling.
‘If we truly care about the welfare of children it’s most important that they be in a loving family,’ Todd said to the newspaper. ‘It restricts the ability to raise the child if only one parent can have custody.’