The Full Faith and Credit Clause was enacted to preclude the same matters being relitigated in different states as recalcitrant parties evade unfavorable judgments by moving elsewhere. It was never intended to allow one state to dictate the manner in which another state protects its populace. Similarly, the full faith and credit clause does not oblige Louisiana to confer particular benefits on unmarried adoptive parents contrary to its law. Forum state law governs the incidental benefits of a foreign judgment. In this case, Louisiana does not permit any unmarried couples-whether adopting out-of state or in-state-to obtain revised birth certificates with both parents' names on them.

The ruling overturns a prior decision [JURIST report] in February by a panel of three judges from the Fifth Circuit ordering that the revised birth certificate be issued. Lambda Legal [advocacy website], which represented Adar and Smith, successfully argued a similar case [JURIST report] in 2007, when the US Court of Appeals for the Tenth Circuit struck down an amendment [press release] to the Oklahoma Constitution that would have prevented the state from recognizing adoptions by gay parents that were finalized in other US or foreign jurisdictions. Same-sex adoptive parents have recently been involved in numerous legal battles [JURIST news archive]. Earlier this month, the Arkansas Supreme Court struck down a ban on adoptions [JURIST report] by same-sex couples, finding the ban to be a violation of the state constitution. In September, a Florida appellate court struck down a similar law [JURIST report], finding that it failed rational basis review and violated the state constitution's equal protection clause.

Several other Guantanamo detainees have also filed lawsuits alleging torture. In October, former Guantanamo detainee Abdul Rahim Abdul Razak Al Ginco filed a lawsuit against the US military [JURIST report] alleging that he was subjected to torture. The suit names 26 current or former members of the military who are allegedly responsible for the tortuous acts, such as urinating on Ginco, slapping him, threatening him with loss of fingernails, sleep deprivation, extreme cold and stress positions. In July, the UK High court allowed [JURIST report] a lawsuit filed by former Guantanamo Bay detainees alleging that the UK government was complicit in their torture to proceed. In April, former Guantanamo Bay detainee Adel Hassan Hamad [advocacy website] filed a lawsuit [JURIST report] in the US District Court for the Western District of Washington [official website] against the US government and more than a dozen government officials, claiming he was tortured.

The ICTY continues to hear cases regarding former military leaders in the region and accusations of war crimes committed during the 1990s. Proceedings against former Bosnian Serb leader Radovan Karadzic [case materials; JURIST news archive] resumed this week [Guardian report] after multiple suspensions [JURIST reports]. Karadzic faces 11 war crimes charges, including counts of genocide and murder, for alleged crimes he committed during the 1992-1995 war in Bosnia and Herzegovina. Last month, UN prosecutors demanded that ex-Yugoslav army chief Momcilo Perisic [ICTY profile, PDF; JURIST news archive] receive a life sentence [JURIST report] for alleged war crimes and crimes against humanity committed against Bosnian Muslims in the early 1990s. Perisic's trial began in October 2008 [JURIST report], and closing arguments concluded at the end of March.

Issues surrounding same-sex civil unions and marriages continue to be debated throughout the US. Earlier this month, Washington Governor Chris Gregoire [official website] signed a bill [JURIST report] recognizing out-of-state same-sex marriages [JURIST news archive] as legal domestic partnerships. House Bill 1649 amends the current law [AP report], which acknowledges out-of-state domestic partnerships and civil unions, but excludes same-sex marriage. The Senate approved the bill by a 28-19 vote after the House of Representatives passed the bill [JURIST report] by a similar margin. The bill will become effective 90 days after the close of the current legislative session. Also this month, the Arkansas Supreme Court [official website] upheld [JURIST report] a lower court decision invalidating a state ban on adoptions by same-sex couples. The court affirmed the decision of the Pulaski County Circuit Court invalidating Act 1 [ACLU backgrounder], a state law which prohibits all unmarried couples from adopting or fostering children in the state. The original suit was filed after the law was criticized for effectively denying all gay couples the right to adopt or foster a child because Arkansas does not recognize gay marriage.

This law undermines our core American values of fairness and equality and will make the rampant racial profiling of people of color that is already going on in Georgia that much worse, threatening the rights of citizens and non-citizens alike. Authorizing police to demand papers from people on the street is a tactic commonly associated with police states, not robust democracies.

Alabama, Virginia, Oklahoma, Utah and Indiana [JURIST reports] have all enacted Arizona-style immigration laws within the past year. Nonetheless, these type of laws remain controversial. Earlier this week, the US Court of Appeals for the Ninth Circuit [official website] upheld [opinion, PDF] a lower court decision to enjoin several provisions [JURIST report] of Arizona's controversial immigration law [SB 1070 materials; JURIST news archive]. The US Department of Justice (DOJ) [official website] filed suit [JURIST report] in July to permanently enjoin Arizona from enforcing the law, arguing that it is preempted by federal law and is thus a violation of the Supremacy Clause [text] of the US Constitution. In response, Arizona Governor Jan Brewer [official website] countersued [JURIST report] the federal government alleging an infringement upon state rights. In May, the ACLU filed suit [JURIST report] also seeking an injunction against Arizona's immigration law. The national debate over immigration issues has led President Barack Obama [official website] to call for comprehensive immigration reform [JURIST report].

Idaho becomes the third state to ban abortions after the 20-week mark, following Kansas and Nebraska [JURIST reports]. Several other states are considering similar measures. Last week, similar legislation was approved by the Ohio Senate and the Alabama House of Representatives [JURIST reports]. Earlier this month, the Iowa House of Representatives also approved a bill [JURIST report] that would prohibit doctors from performing late-term abortions in the state. Last month, South Dakota Governor Dennis Daugaard signed into law [JURIST report] a bill requiring women to seek counseling at a pregnancy center and wait three days before obtaining an abortion.

Last week, Wisconsin Attorney General JB Van Hollen [official website] filed a Petition for Supervisory Writ directly to the state Supreme Court over Sumi temporarily blocking [JURIST reports] the union bargaining bill last month. The suit claimed that Sumi did not have the constitutional authority to block the publication of the bill. Last month, Sumi issued an order [JURIST report] clarifying that the temporary restraining order prohibits not only publication of the bill, but implementation of its provisions as well. Sumi's order was issued in response to debate among government officials [JURIST report] that the law went into effect after it was published on the Wisconsin Legislative Bureau's website. The judge's temporary restraining order also stemmed from a lawsuit [JURIST report] filed earlier this month by District Attorney Ismael Ozanne [official website] claiming that Republican legislators passed the bill in violation of Wisconsin's open meetings law.

Last week, the US Department of State (DOS) [official website] released [JURIST report] the 2010 Country Reports on Human Rights Practices [materials]. The governments of Afghanistan and Pakistan [materials] were criticized for their conduct in the war against the Taliban and al Qaeda. However, the 2008 Pakistani elections [JURIST report] were deemed "competitive and reflective of the people's will," restoring democratic rule and leading to some human rights progress. Last month, UN High Commissioner for Human Rights Navi Pillay [official profile] condemned [JURIST report] the assassination of Pakistani Minister for Minority Affairs Shahbaz Bhatti and expressed her opposition to Pakistan's controversial blasphemy law. Controversy surrounding Pakistan's blasphemy law has recently been reignited over the case of Asia Bibi, a Christian woman sentenced to death for insulting the Prophet Muhammad [JURIST news archive] during an argument with other women in her village last year. Bhatti had spoken out in favor of reforming the law.

Since the days of our Founding Fathers, the government has protected and encouraged public prayer and other expressions of dependence on the Almighty. Prayer is an indispensable part of our heritage, and as citizens, we must remain faithful in our commitment to intercede for our nation during this pivotal and challenging time.

Last year, the US Court of Appeals for the Ninth Circuit [official website] ruled [JURIST report] that a teacher-led recitation of the Pledge of Allegiance in public schools does not violate the Constitution's Establishment Clause. The court also upheld the use of the phrase "In God We Trust" on currency. In November 2009, the US Court of Appeals for the Third Circuit [official website] ruled that a school district's policy prohibiting the performance of religious holiday songs does not violate [JURIST report] the establishment clause. Also that month, a judge for the US District Court for the District of South Carolina [official website] ruled that license plates [JURIST report] produced by the state bearing a picture of a cross in front of a stained glass window and the words "I Believe" violate the Constitution.