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ADAR v. SMITH

No. 09-30036.

597 F.3d 697 (2010)

Oren ADAR, Individually and as Parent and Next Friend of J.C. A.-S., a minor; Mickey Ray Smith, Individually and as Parent and Next Friend of J.C. A.-S., a minor, Plaintiffs-Appellees, v. Darlene W. SMITH, In Her Capacity as State Registrar and Director, Office of Vital Records and Statistics, State of Louisiana Department of Health and Hospitals, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 18, 2010.

Attorney(s) appearing for the Case

Kenneth Dale Upton, Jr. (argued), Lambda Legal Defense & Educ. Fund, Inc., Dallas, TX, Spencer R. Doody, Regina O. Matthews, New Orleans, LA, for Plaintiffs-Appellees.

Stuart Kyle Duncan, Asst. Atty. Gen., (argued), Baton Rouge, LA, for Defendant-Appellant.

Richard Arthur Bordelon, Ralph Joseph Aucoin, Sr., Denechaud & Denechaud, L.L.P., New Orleans, LA, for LA Conference of Catholic Bishops, Amicus Curiae.

Austin R. Nimocks, Alliance Defense Fund, Washington, DC, for Family Research Council, Louisiana Family Forum, Amici Curiae.

Mathew D. Staver, Anita Leigh Staver, Liberty Counsel, Maitland, FL, Stephen M. Crampton, Mary Elizabeth McAlister, Liberty Coinsel, Lynchburg, VA, for Liberty Counsel, Amicus Curiae.

Katharine Murphy Schwartzmann, Amer. Civ. Liberties Union Foundation of LA, New Orleans, AL, for Amer. Civ. Liberties Union, Amer. Civ. Liberties Union of LA, Amici Curiae.

Before REAVLEY, JOLLY, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Plaintiffs-Appellees Oren Adar and Mickey Ray Smith (the "Adoptive Parents"), individually and next friends of their adopted minor son, Plaintiff-Appellee J C A-S ("Infant J"), all three referred to collectively as "Plaintiffs-Appellees," brought this injunction action against Defendant-Appellant Darlene W. Smith, the Louisiana State Registrar (the "Registrar"), to force her to issue a new original birth certificate ("Certificate") for Infant...

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