ACLU Sues North Carolina Over Adoption

The ACLU has filed a federal lawsuit against the state of North Carolina over its adoption ban for unmarried couples.

The lawsuit was filed on behalf of six gay or lesbian couples from different parts of North Carolina who have one or more children each. It claims the state law violates the constitutional rights of children. State law prevents unmarried couples from petitioning for adoption, and same-sex marriage has been outlawed in North Carolina for some time. In May, voters approved elevating the same-sex marriage ban as a constitutional amendment. “Second parents” cannot file for adoption as individuals unless the legal parent of a child gives up all parental rights, under state law. In 2010, the N.C. Supreme Court voided a state senator’s adoption of her former domestic partner’s biological son, ruling 5-2 that the adoption of Melissa Jarrell’s son by state Sen. Julia Boseman was invalid.