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ADAR v. SMITH

No. 09-30036.

639 F.3d 146 (2011)

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.

April 12, 2011.

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 , Martzell & Bickford, New Orleans, LA, for Oren Adar, Mickey Smith.

Stuart Kyle Duncan , Asst. Atty. Gen. (argued), Baton Rouge, LA, for Darlene Smith.

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

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

William Duncan , Marriage Law Foundation, Lehi, UT, for Family Watch Intern., Amicus Curiae.

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

Katharine Murphy Schwartzmann , New Orleans, LA, Matthew Donald Benedetto , Peiyin Patty Li , Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Los Angeles, CA, Noah Adam Levine , Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., New York, NY, for American Civil Liberties Union, American Civil Liberties Union of La., Amici Curiae.

Lawrence John Joseph , Washington, DC, for Eagle Forum Educ. and Legal Defense Fund, Amicus Curiae.

Michael L. Vincenzo , King, Krebs & Jurgens, P.L.L.C., New Orleans, LA, for Hollinger, Tindall, Woodhouse, Amici Curiae.

Before JONES, Chief Judge, and REAVLEY, JOLLY, DAVIS, SMITH, WIENER, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.

EDITH H. JONES, Chief Judge:

Mickey Smith and Oren Adar, two unmarried individuals, legally adopted Louisiana-born Infant J in New York in 2006. They sought to have Infant J's birth certificate reissued in Louisiana supplanting the names of his biological parents with their own. According to LA.REV.STAT. ANN. § 40:76(A), the Registrar "may create a new record of birth" when presented with a properly certified out-of-state adoption decree. Subsection C states...

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