A woman in Alabama is asking the Supreme Court to reverse a decision made by the Alabama courts regarding custody of her children. The woman, known as "V.L.", shares three children with her ex-partner, who is their biological mother. Although they were never legally married, the pair moved to Georgia together to receive more parental rights as a same-sex couple, including legal adoption by V.L.
However, V.L. maintains that she should still have the rights guaranteed to her by the state of Georgia, and that Alabama has broken the Full Faith and Credit Clause ("Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state") by voiding her rights as a parent.
Interestingly enough, while the Alabama laws on same-sex adoption are seen as "terrifying" (Cathy Sakimura; National Center for Lesbian Rights) by LGBT+ rights groups, the courts seem to be sidestepping the issue. Instead, they seem to be determining this case based purely on interpretation of the Constitution.
It is unknown whether or not the Supreme Court will take the case, but LGBT+ activists are hoping they will, as a win in favor of V.L. would further legitimize same-sex couples as deserving of the same rights as different-sex parents.
-Who do you believe is more in the constitutional right in this case? Alabama or V.L.? Why or why not?
-Why do you think the courts are avoiding the fact that the case has to do with a same-sex couple?