Federal judge strikes down Mississippi law banning same-sex couples from adopting

A federal judge on Thursday overruled Mississippi`s restriction on adoption by same-sex couples, saying it violated the equal security clause of the U.S. Constitution, according to court records.

The choice by U.S. District Judge Daniel Jordan was available in response to a suit submitted in August 2015 on behalf of 4 legally married same-sex couples, two of whom are already raising children, in addition to the Campaign for Southern Equality and the Family Equality Council.

The plaintiffs argued that the restriction victimized legitimately married couples.

The Mississippi restriction on adoption by same-sex couples was the only one of its kind in the United States. Gay marriage was legislated in the state in 2014.

The lawsuit came simply weeks after the U.S. Supreme Court overruled gay marriage bans as unconstitutional throughout the nation.


Two sets of our clients have waited lots of (nearly nine and 16) years to become legal parents to the children they have liked and taken care of since birth, Roberta Kaplan, lead attorney in the case, said in a statement on Thursday. We hope that it ought to lastly be clear that discrimination versus gay people just because they are gay violates the Constitution in all 50 states, consisting of Mississippi.

The Mississippi Department of Human Services, which was called in the claim, might not immediately be reached for remark.

In his decision, Jordan described the viewpoint by the Supreme Court that struck down the same-sex marital relationship restrictions.

It seems highly unlikely that the exact same court that held a state cannot prohibit gay marital relationship because it would reject benefits expressly including the right to embrace would then conclude that married gay couples can be denied that very same benefit, Jordan wrote.

Pointing out 2010 census information, the lawsuit stated one-third of the 3,484 same-sex couples living in Mississippi were raising children.

About 100 children in Mississippi are in foster care and lawfully offered for adoption, the lawsuit said.

Complainant Susan Hrostowski, who has a 16-year-old boy with her wife, co-plaintiff Kathryn Garner, stated they had actually run as a family in spite of the law but that the choice indicates everything.

There is no greater delight on this planet than to have him as my son and for the world to understand, appreciate and verify that he is my kid, Hrostowski stated.

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