About this Case

Whether the Parental Kidnapping Prevention Act, which affords custody and visitation orders full faith and credit, or the Defense of Marriage Act, which does not require full faith and credit be afforded to rights arising from same-sex relationships treated as marriage, controls when Alabama is asked to give full faith and credit to California parentage and custody rights arising from a California court order insofar as Alabama's laws expressly declare that any “union replicating marriage of or between persons of the same sex . . . in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect” in Alabama.

Summary of NLF's Brief

This Brief argues that the Defense of Marriage Act (DOMA) prevents the application of the Parental Kidnapping Prevention Act (PKPA) to the recognition of California's child custody and visitation order because California's order relies on a presumption of parenthood arising out of a same-sex relationship that approximates marriage.