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Lambda Legal Appealing Fifth Circuit Decision in Adar v. Smith

Same-sex couples around the United States have a new reason to brush up on the Full Faith and Credit Clause. On Tuesday, Lambda Legal filed a writ of certiorari in Adar v. Smith, the same-sex adoption case in which the Fifth Circuit ruled that the Full Faith and Credit Clause applies only to state courts, not state government officials.

The case involves same-sex parents Oren Adar and Mickey Smith, who sought an updated birth certificate for their Louisiana-born son after adopting him in New York, in 2006. Despite a Louisiana law that requires a state official to make a new record reflecting adoptive parents’ names upon receipt of a certified adoption decree, Louisiana State Registrar Darlene Smith refused the request because Louisiana does not permit unmarried couples to adopt jointly.

Case Involving Garnishment of Community Property

US v. Loftis, No. 09-10482, concerned defendant's appeal from the district court's order of garnishment, which set aside a community property partition agreement entered into between defendant and her husband.  The court of appeals affirmed the order, on the grounds that 1) the partition agreement was clearly voidable as a fraudulent transfer under 28 U.S.C. section 3304(b)(1)(B)(ii); and 2) the district court was correct to treat the couple's assets as jointly managed property.

As the court wrote:  "Lisa Loftis ("Lisa") appeals the district court's Final Order of Garnishment, which set aside a community property partition agreement entered into between Lisa and her husband, Todd Loftis ("Todd"). She contends that the district court erroneously found the partition agreement to be a fraudulent transfer, and she challenges the scope of the garnishment ordered. We reject her arguments and affirm."

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