Ban on same-sex adoption violates equal protection, says Mississippi judge
A federal judge in Mississippi has granted a preliminary injunction against the ban on adoption by same-sex couples.
In a court ruling, U.S. District Judge Daniel P. Jordan III said that "section 93-17-3(5) obviously targets married gay couples and limits their rights."
Mississippi Code section 93-17-3(5) prohibits couples of the same sex to adopt, and the plaintiffs wanted a declaration that it goes against the Due Process and Equal Protection Clauses of the U.S. Constitution.
According to the Christian News Network, sexual orientation is also not included in the non-discrimination policies of the Mississippi Department of Human Services with regard to adoption.
In the court order for the case Campaign for Southern Equality v. Mississipi Department of Human Services, Jordan wrote, "In sum, the majority opinion foreclosed litigation over laws interfering with the right to marry and 'rights and responsibilities intertwined with marriage.'"
He added, "It also seems highly unlikely that the same court that held a state cannot ban gay marriage because it would deny benefits — expressly including the right to adopt — would then conclude that married gay couples can be denied that very same benefit."
The case was filed in behalf of four same-sex couples, two who wish to adopt and two who have children.
Last year prior to the hearing on the motion for preliminary injunction, lead counsel for CSA Roberta Kaplan said, "The law is clear. In 2015, there can be no question that it is unconstitutional for Mississippi to bar gay couples from adopting for no reason other than that they happen to be gay."
Mississippi is the only state that prohibits same-sex couples from adopting, regardless of their qualifications.
"The majority of the United States Supreme Court dictates the law of the land, and lower courts are bound to follow it. In this case, that means that section 93-17-3(5) violates the Equal Protection Clause of the United States Constitution," said Jordan.
