Adar v. Smith

639 F.3d 146, 2011 U.S. App. LEXIS 7545, 2011 WL 1367493
Court of Appeals for the Fifth Circuit·Decided April 12, 2011·No. No. 09-30036·Published·Cited by 26 cases

Opinions

EDITH H. JONES, Chief Judge:

Mickey Smith and Oren Adar, two unmarried individuals, legally adopted Louisiana-born Infant J in New York in 2006. They sought to have Infant J’s birth certificate reissued in Louisiana supplanting the names of his biological parents with their own. According to La.Rev.Stat. Ann. § 40:76(A), the Registrar “may create a new record of birth” when presented with a properly certified out-of-state adoption decree. Subsection C states that the Registrar “shall make a new record ... showing,” inter alia, “the names of the adoptive parents.” LaRev.Stat. Ann. § 40:76(C). Darlene Smith, the Registrar of Vital Records and Statistics, refused their request.1 The Registrar took the position that “adoptive parents” in section 40:76(C) means married parents, because in Louisiana, only married couples may jointly [150] adopt a child. La. Child. Code Ann. art. 1221. She offered, however, to place one of Appellees’ names on the birth certificate because Louisiana also allows a single-parent adoption. Smith and Adar sued the Registrar under 42 U.S.C. § 1983 for declaratory and injunctive relief, asserting that her action denies full faith and credit to the New York adoption decree and equal protection to them and Infant J.

The district court ruled in favor of Smith and Adar on their full faith and credit claim. Following the Registrar’s appeal, a panel of this court pretermitted the full faith and credit claim, concluding instead that Louisiana law, properly understood, required the Registrar to reissue the birth certificate. This panel opinion was vacated by our court’s decision to rehear the case en banc. Adar v. Smith, 622 F.3d 426 (5th Cir.2010).

This court must decide whether Appellees’ claim for a reissued Louisiana birth certificate rests on the Constitution’s full faith and credit clause or equal protection clause. Confusion has surrounded the characterization of Appellees’ claims and their jurisdictional basis. Rather than parse the litigation history in detail, this discussion will demonstrate the following propositions:

1. Appellees have standing to sue for themselves and/or Infant J;

2. The federal courts have jurisdiction to decide whether Appellees stated a claim remediable under § 1983 for violation of the full faith and credit clause;

3. Appellees’ complaint does not state such a claim; and

4. Appellees have failed to state a claim that the Registrar’s action denied them equal protection of the laws.

We REVERSE and REMAND for entry of a judgment of dismissal by the district court.

I. FULL FAITH AND CREDIT

A Justiciability

The Registrar initially contends that Appellees lack standing to sue and that the federal courts lack jurisdiction over the full faith and credit claim. The threshold justiciability questions are novel, but settled principles guide their resolution.

In order to establish standing, plaintiffs must show that (1) they have suffered an injury in fact, (2) a causal connection exists between the injury and challenged conduct, and (3) a favorable decision is likely to redress the injury. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 2136, 119 L.Ed.2d 351 (1992); Bertulli v. Indep. Ass’n of Cont’l Pilots, 242 F.3d 290, 295 (5th Cir.2001). We find Appellees have standing because they have been denied a revised birth certificate containing the names of both Smith and Adar as parents — the practical significance of which is undisputed — and through this action seek to redress the denial directly. Because standing does not depend upon ultimate success on the merits, Appellees are properly before this court. See Warth v. Seldin, 422 U.S. 490, 500, 95 S.Ct. 2197, 2206, 45 L.Ed.2d 343 (1975); Hanson v. Veterans Admin., 800 F.2d 1381, 1385 (5th Cir.1986) (“It is inappropriate for the court to focus on the merits of the case when considering the issue of standing.”).

Further, the court must assume jurisdiction to decide whether Appellees’ complaint states a cause of action on which relief can be granted. Bell v. Hood, 327 U.S. 678, 681-82, 66 S.Ct. 773, 776, 90 L.Ed. 939 (1946). Since the absence of a valid cause of action does not necessarily implicate subject-matter jurisdiction unless the claim “clearly appears to be immaterial and made solely for the purpose of obtain[151] ing jurisdiction or where such a claim is wholly insubstantial and frivolous,” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 89, 118 S.Ct. 1003, 1010, 140 L.Ed.2d 210 (1998) (quoting Bell, 327 U.S. at 682-83, 66 S.Ct. at 776), we may determine whether plaintiffs have alleged an actionable claim under the full faith and credit clause. See Thompson v. Thompson, 484 U.S. 174, 178-79, 108 S.Ct. 513, 516, 98 L.Ed.2d 512 (1988) (affirming dismissal of full faith and credit suit for failure to state a claim).

B. Full Faith and Credit

The questions at issue are the scope of the full faith and credit clause and whether its violation is redressable in federal court in a § 1983 action.

Appellees contend that their claim arises under the full faith and credit clause, effectuated in federal law by 28 U.S.C. § 1738. The Constitution’s Article IV, § 1 provides:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

In pertinent part, the statute states:

§ 1738. State and Territorial statutes and judicial proceedings; full faith and credit.
Such Acts, records and judicial proceedings or copies thereof [of any State, Territory, or Possession of the United States], so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.

28 U.S.C. § 1738.

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Adar v. Smith, 639 F.3d 146, 2011 U.S. App. LEXIS 7545, 2011 WL 1367493 (5th Cir. 2011).

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