Filed Date: Nov. 6, 2013
Clearinghouse coding complete
On November 6, 2013, a woman filed this appeal in the Supreme Court of Idaho. The plaintiff appealed a Magistrate Judge's dismissal of her petition to adopt her partner's children without allowing for and argument or hearing. The plaintiff, represented by private counsel, asked the court reverse the Magistrate Judge's order of dismissal so that she may be found eligible to adopt. The appellant argued that the Magistrate Judge had acted without authority when she dismissed the petition without a hearing.
Specifically, the appellant argued that Idaho adoption statutes are not ambiguous and do not require the potential adoptive parent to be married. She further argues that her interpretation - that Idaho statute does not limit adoption to married spouses, avoids an unconstitutional outcome that would be in violation of equal protection and due process requirements.
On February 10, 2014, Judge Joel D. Horton reversed and remanded the case. The Supreme Court of Idaho found that the Magistrate Judge did violate the appellant's due process by dismissing the case without giving the appellant the opportunity for a hearing. The court further found that the Idaho adoption statute does not preclude a petitioner from adopting her domestic partner's children even if the partners are not married.
Summary Authors
Gabriela Hybel (2/6/2017)
Jones, Jim (Idaho)
Mauk, William L. (Idaho)
Last updated Aug. 30, 2023, 2:46 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Idaho
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Nov. 6, 2013
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Woman filing petition to adopter her partner's children.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Issues
General:
Discrimination-area:
LGBTQ+:
Discrimination-basis: