Obergefell was based on two premises, that marriage is a basic right and gays
IT'S ALWAYS BEEN DONE THIS WAY
Although the fight has been for access to original birth certificates, it would seem that adoptees and those created through "donated" sperm or eggs or both should have access to all information about their origins that is tucked away in files maintained by governments, adoption practitioners, and fertility clinics. We note too that original birth certificates today are more like certificates of title than records of a child's parentage. These documents may contain the names of "intended" or legal parents rather than the actual--genetic--ones. Is it a "birth" certificate or a "adoption" certificate masquerading as a birth certificate?
Now of course, a federal appeals court did not see this back in 1979 when it decided Alma v. Mellon holding that opening records might be the death knell of adoption. That opinion reads much like the dissent in Obergefell, "Sorry, gays but we've always done it this way. Just because attitudes toward gays have changed doesn't mean we have to look at the rights guaranteed in the Constitution differently."
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MAYBE WE NEED ANOTHER TIME UP AT BAT
Obergefell is not the first time SCOTUS considered gay marriage. Forty-three years ago, it refused to hear a case challenging laws prohibiting persons of the same gender to marry. In Baker v. Nelson the wise black-robed nine said such a case was not even worthy of consideration. "It did not present a substantial federal question" in legal parlance. But as the Court noted last week, times have changed--and they have in adoption as well. Most domestic infant adoptions are open to some degree. Some take place on prime time television. Eighteen states allow most adoptees access to their original birth certificates, Oregon allows them access to their court file as well.
As for the little lady cowing in the closet (the stated reason for keeping records closed), courts in Oregon and Tennessee have already held she has no constitutional right to withhold her identity from her child--jane
Baker v. Nelson, 409 U.S. 810
Alma v. Mellon, 601 F.2d. 1225
Challenging closed adoption records in the courts
Is it a 'Birth' Certificate or Certificate of Title?
Unjust Sealed Birth Certificate Laws