Sen. Bob Casey Asks DOJ for Guidance on Annulment of Gay Partner Adoptions

By Melanie Nathan, November 02, 2015.

Senator Bob CaseyYears ago many gay partner couples entered into adoptions thinking that the possibility of marriage would never be a reality in their lifetimes. Entering into an adoption guaranteed these couples certain legal protections like hospital visitations and inheritance rights. In the wake of the recent Supreme Court decisions in the Windsor and Obergefell cases, the latter finally bringing marriage equality to all 50 States, many of these couples now want to annul their adoptions and obtain marriage licenses. Unfortunately, in 25 states, including Pennsylvania, such a move could be considered incest and is punishable by up to ten years in prison. State courts have handled this differently with some allowing gay couples to annul their adoptions and others refusing to do so.

Spurred by a case in Pittsburgh in which a gay couples’ request for an annulment was refused, Senator Bob Casey (D-PA), today sent a letter to Attorney General Loretta Lynch asking the Department of justice to issue legal guidance that would encourage state courts to allow these adoptions to be annulled so these gay couples can finally get married.

Here is a copy of the letter sent by Senator Casey:

senator casey adoption email

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Casey letter

Robert Patrick “Bob” Casey, Jr. is an American attorney, politician and member of the Democratic Party who serves as the senior United States Senator from Pennsylvania, in office since 2007.

4 thoughts on “Sen. Bob Casey Asks DOJ for Guidance on Annulment of Gay Partner Adoptions

  1. I am saddened that these men and women had to enter into adoptions simply to protect themselves from hateful family members and a lack of legal recognition.

    These annulments should be simple and straightforward and should not be denied out of punitive spite by members of the court system. There’s been at least one couple in the newspaper where such an adoption was annulled and the two later married. As I recall, they were a dear, elderly couple of many years.

    The social right ought to be rejoicing over same-sex marriage: most of them condemn the sexually risque lifestyles of the more flamboyant amoung us. They are disgusted at (wonderful) places like Oz’es in in New Orleans, or Gay Pride Parades, but same-sex marriage is not a celebration of the exploits of the young, but a celebration of us dull, hum-drum people who are more worried about who’s turn it is to do the dishes, or who can pick up the dry-cleaning, than about what they will wear to mardi gras. Funny, but true.

    Having been married for less than six months, my huisband and I have settled into the “old married couple” routine, and right now, I’m more worried about picking him up from college, today, at 5:15PM.

  2. I love Senator Casey. Loved his father before him. He is a man of integrity in a state system that has too often been corrupt.

  3. Reblogged this on Pink Peach News and commented:
    Big news on the family equality front #lgbt #marriageequality #adoption:

  4. Reblogged this on Fairy JerBear's Queer/Trans News, Views & More From The City Different – Santa Fe, NM and commented:
    A look at the need for adoption annulments in cases where one person adopted their partner in lieu of a marriage which was not available in the past. A little known issue that needs to be addressed

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