Fisher-Borne v. Smith - Freedom to Marry in North Carolina
What's at Stake
The ÀÏ°ÄÃÅ¿ª½±½á¹û and the ÀÏ°ÄÃÅ¿ª½±½á¹û of North Carolina Legal Foundation have filed a lawsuit on behalf of six same-sex couples seeking the freedom to marry, and the right to obtain second parent adoptions for their children.
Summary
A second parent adoption occurs when one partner in an unmarried couple adopts the other partner’s biological or adoptive child. This can occur in both gay and straight relationships. In December 2010, the North Carolina Supreme Court banned second parent adoptions for same-sex couples.
Some of the protections that come with a second parent adoption include: ensuring that all children in the family are covered if one partner lacks health insurance, ensuring that families will stay together and children will not be torn from the only home they’ve known if something should happen to the biological parent, ensuring that either parent will be allowed to make medical decisions or be able to be by their child’s bedside if one their children is hospitalized.
In 2013, the ÀÏ°ÄÃÅ¿ª½±½á¹û added an additional claim that directly challenges North Carolina's ban on marriage for same-sex couples. In April 2014 the ÀÏ°ÄÃÅ¿ª½±½á¹û also filed a request for a preliminary injunction on behalf of plaintiffs Shana Carignan and Megan Parker.On April 9, 2014, the ÀÏ°ÄÃÅ¿ª½±½á¹û also sought immediate relief on behalf of one of the couples in Fisher-Borne et al. v. Smith who have a young child who is being denied critical medical care because North Carolina neither recognizes his mothers' marriage nor allows both mothers to adopt their child and establish a legal relationship. These plaintiffs, Shana Carignan and Megan Parker, were legally married in Massachusetts but their marriage is not recognized in North Carolina. Their 6-year-old son Jax has severe cerebral palsy. Because North Carolina refuses to recognize the legal marriage of Jax's parents and because North Carolina law refuses to allow both of Jax's parents to have a legal parent-son relationship , Jax is not receiving the quality of care he could which would dramatically improve his life. Because North Carolina recognizes only Parker as Jax's mother, Carignan is unable to put Jax on her health insurance.
STATUS: Victory! On October 14, 2014 the district judgeruled that North Carolina’s marriage bans are unconstitutional.
Legal Documents
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10/15/2014
Fisher-Borne v. Smith - Amended Order
Date Filed: 10/15/2014
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10/14/2014
Fisher-Borne v. Smith - Order
Date Filed: 10/14/2014
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10/14/2014
Fisher-Borne v. Smith - Judgment
Date Filed: 10/14/2014
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06/02/2014
Fisher-Borne v. Smith - Order Staying Case
Date Filed: 06/02/2014
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04/28/2014
Fisher-Borne v. Smith - Brief in Opposition to Plaintiffs' Motion for PI
Date Filed: 04/28/2014
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04/09/2014
Fisher-Borne v. Smith - Carignan Affidavit
Date Filed: 04/09/2014
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04/09/2014
Fisher-Borne v. Smith - Parker Affidavit
Date Filed: 04/09/2014
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04/09/2014
Fisher-Borne v. Smith - Motion for a Preliminary Injunction
Date Filed: 04/09/2014
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04/09/2014
Fisher-Borne v. Smith - Brief in Support of Motion for a Preliminary Injunction
Date Filed: 04/09/2014
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09/11/2013
Fisher-Borne v. Smith - Memo in Support of State Defendants' Motion to Dismiss Amended Complaint
Date Filed: 09/11/2013
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09/11/2013
Fisher-Borne v. Smith - Defendant Thigpen's Answer to Amended Complaint
Date Filed: 09/11/2013
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09/10/2013
Fisher-Borne v Smith - Memo in Support of Def Covington's Motion to Dismiss Amended Complaint
Date Filed: 09/10/2013
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07/22/2013
Fisher-Borne v. Smith - First Amended Complaint
Date Filed: 07/22/2013
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10/04/2012
Fisher-Borne v. Smith - Defendants' Reply to Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss Complaint
Date Filed: 10/04/2012
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09/20/2012
Fisher-Borne v. Smith - Memo in Opposition to Defendants' Motion to Dismiss Complaint
Date Filed: 09/20/2012
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08/06/2012
Fisher-Borne v. Smith - Motion to Dismiss the Complaint
Date Filed: 08/06/2012
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08/06/2012
Fisher-Borne v. Smith - Memo in Support of Defendants' Motion to Dismiss Complaint
Date Filed: 08/06/2012
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06/13/2012
Fisher-Borne v. Smith - Complaint
Date Filed: 06/13/2012
Press Releases
Same-Sex Couples Seek To Strengthen Families By Expanding Adoption Rights In North Carolina