LA 2009 Legislative Session

Of interest this session to our members are the following bills that threaten Louisiana's lesbian, gay, bisexual and transgender citizens.

House Bill 60

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Our Position:

• AGAINST HB60

Our Partners:

• HRC
• ACLU of Louisiana
• Read this editorial from The Times-Picayune

Status:

• VICTORY — The bill was effectively filibustered by Senators JP Morrell, Dan Claitor and Butch Gautreaux. After it became obvious that they intended on speaking until the clock ran out, the bill was returned to the calendar. It could have been pulled from the calendar had 2/3 of the senators voted to do so, but this did not occur and the bill died.

Summary:

• HB60 would change Louisiana law regarding birth certificates for adopted children, providing that only the names of married couples or a single individual can be listed on a Louisiana birth certificate. While the bill will not directly impact the entire Louisiana LGBT community, it will adversely impact some LGBT adoptive parents (out of state same-sex couples adopting a Louisiana-born child) and many unmarried adoptive parents.

Talking Points:

• This will hurt adopted children (born in Louisiana and adopted out of state) in obtaining medical care, in medical decision making, in enrolling in health insurance plans, enrolling in school and in a host of other ways.
• At a time when Louisiana is demanding parental responsibility, it makes no sense to list only one parent on a birth certificate, when both are willing to accept their responsibilities as parents.
• This bill encourage Louisiana's vital records department to issue fraudulent documents.

Background:

• House Bill 60, designed by author LA Representitive Jonathan W. Perry to deprive children of accurate birth certificates if their adopted parents are of the same sex.

  Why was this bill proposed? Because a mother from Shreveport surrendered her son for adoption to a gay couple, who moved to New York and adopted the boy. Under the law, they applied to the Louisiana Department of Vital Statistics for a new birth certificate, and were refused. They sued and won, and now the case is on appeal.

  This bill would deprive not only this one child of an accurate birth certificate reflecting the identities of both of his legal parents, but also other similarly situated children. Because Louisiana does not allow same sex couples to adopt, this would apply only to children born in Louisiana and adopted in other states, but who need new Louisiana birth certificates.

  Imagine what would happen to a child without an accurate birth certificate. If only one legal parent is listed, the other parent would have trouble registering the child for school, obtaining health insurance, and applying for a passport. The child would go through life with an incomplete and inaccurate legal record of parentage. And why? Because extreme fundamentalists don't like the people who were judicially determined to be fit parents.

  Punishing a child for the identity of the parents is bad policy and unfair to adoptive children.