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DAVENPORT v. LITTLE-BOWSER

Record No. 041180.

611 S.E.2d 366 (2005)

269 Va. 546

Katherine Anne Fisher DAVENPORT, et al. v. Deborah LITTLE-BOWSER, et al.

Supreme Court of Virginia.

April 22, 2005.

Attorney(s) appearing for the Case

Michael E. Ward (David M. Lubitz; Steven J. Tave; Rebecca K. Glenberg; Michele Zavos; Swidler, Berlin, Shereff, Friedman; American Civil Liberties Union of Virginia, on briefs), Washington, DC, for appellants.

William E. Thro, State Solicitor General (Jerry W. Kilgore, Attorney General; Maureen Riley Matsen, Deputy State Solicitor General; Matthew M. Cobb, Associate State Solicitor General; Courtney M. Malveaux, Associate State Solicitor General; David E. Johnson, Deputy Attorney General; Howard M. Casway; Senior Assistant Attorney General, on brief), for appellees.

Amicus Curiae: Lambda Legal Defense and Education Fund, Inc. (John L. Squires; Gregory R. Nevins; Jack H. Senterfitt; Squires Law Office, on brief), in support of appellants.

Amicus Curiae: Professor Joan Heifetz Hollinger (Stephen W. Bricker; Shannon P. Minter; Bricker & Herring, on brief), in support of appellants.

Amicus Curiae: Family Research Council (Benjamin W. Bull; Glen Lavy; Kevin H. Theriot; Joel L. Oster; Alliance Defense Fund, on brief), in support of appellees.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and COMPTON, S.J.

LEMONS, Justice.

This appeal involves the claims of four children and three sets of adoptive parents ("Petitioners") that the Commonwealth must issue new birth certificates listing both adoptive parents on the certificates for each of the four children. Each of the children was born in Virginia and adopted pursuant to judgments issued by courts of competent jurisdiction in other states. The three sets of adoptive parents are each "same-sex" adoptive parents. None...

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