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FINSTUEN v. CRUTCHER

Nos. 06-6213, 06-6216.

496 F.3d 1139 (2007)

Heather FINSTUEN; Anne Magro; S.G.F.-M., a minor; K.B.F.-M., a minor; Greg Hampel; Ed Swaya; V.N.H.-S., a minor, Lucy Doel; Jennifer Doel; E.D., a minor, Plaintiffs-Appellees, v. Dr. Mike CRUTCHER, in his official capacity as Commissioner of Health of Oklahoma, Defendant-Appellant, and Drew Edmondson, in his official capacity as Attorney General of Oklahoma; Brad Henry, in his official capacity as Governor of Oklahoma, Defendants. Greg Hampel; Ed Swaya; V.N.H.-S., a minor, Plaintiffs-Appellants, v. Dr. Mike Crutcher, in his official capacity as Commissioner of Health of Oklahoma; Drew Edmondson, in his official capacity as Attorney General of Oklahoma; Brad Henry, in his official capacity as Governor of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 3, 2007.

Attorney(s) appearing for the Case

Martha R. Kulmacz, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, for Defendant-Appellant in Case No. 06-6213.

Sandy Ingraham, Ingraham & Associates, McLoud, OK (Kenneth D. Upton, Jr., and F. Brian Chase, Lambda Legal Defense and Education Fund, Inc., Dallas, TX, with her on the briefs), for Plaintiffs-Appellees in Case No. 06-6213.

Sandy Ingraham, Ingraham & Associates, McLoud, OK (Kenneth D. Upton, Jr., and F. Brian Chase, Lambda Legal Defense and Education Fund, Inc., Dallas, TX, with her on the briefs), for Plaintiffs-Appellants in Case No. 06-6216.

Martha R. Kulmacz, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, for Defendants-Appellees in Case No. 06-6216.

Before HARTZ, EBEL, and O'BRIEN, Circuit Judges.

EBEL, Circuit Judge.

Defendant-Appellant Dr. Mike Crutcher, sued in his official capacity as the Commissioner of Health (hereinafter referred to as "Oklahoma State Department of Health (`OSDH')") appeals a district court judgment that a state law barring recognition of adoptions by same-sex couples already finalized in another state is unconstitutional. OSDH also appeals the district court's order requiring it to issue a revised birth certificate for E.D., a Plaintiff...

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