No. 24-441

A. M. B., et al. v. Kelly J. McKnight, Presiding Judge, Circuit Court of Wisconsin, Ashland County

Lower Court: Wisconsin
Docketed: 2024-10-21
Status: Denied
Type: Paid
Amici (1)Relisted (2) Experienced Counsel
Tags: adoption-rights constitutional-rights equal-protection family-law fourteenth-amendment second-parent-adoption
Key Terms:
AdministrativeLaw SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2025-01-10 (distributed 2 times)
Question Presented (AI Summary)

Whether a State's categorical disqualification of unmarried people from adopting the children of their partners violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioners A.M.B. and T.G. have been in a : committed relationship for over a decade. Together, they have raised M.M.C, A.M.B.’s biological daughter, as their child. M.M.C.’s biological father was never a serious part of M.M.C.’s life, and his parental rights . have been terminated. Everyone—including the ; State of that it would be in the best interests of M.M.C. for T.G. to adopt her, giving her the legal father she currently lacks. Yet, the Wisconsin Supreme Court disapproved that adoption on the basis of a Wisconsin law that categorically disqualifies unmarried people from adopting the children of their partners, even though Wisconsin law allows such second-parent adoption by married people, and even though Wisconsin law normally equates married and unmarried people for the purposes of adoption. The question presented is: Whether a State’s categorical disqualification of , unmarried people from adopting the children of their partners violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.

Docket Entries

2025-01-13
Petition DENIED.
2024-12-24
DISTRIBUTED for Conference of 1/10/2025.
2024-12-23
2024-12-23
2024-12-19
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
2024-12-17
Brief of Kelly McKnight in opposition submitted.
2024-12-17
2024-11-20
2024-10-25
Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2024.
2024-10-23
Motion to extend the time to file a response from November 20, 2024 to December 17, 2024, submitted to The Clerk.
2024-10-21
Motion (24M29) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2024-10-02
MOTION (24M29) DISTRIBUTED for Conference of 10/18/2024.
2024-09-26
Motion (24M29) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2024-09-26
Petition for a writ of certiorari filed. (Response due November 20, 2024)
2024-07-25
Application (24A87) granted by Justice Barrett extending the time to file until September 27, 2024.
2024-07-18
Application (24A87) to extend the time to file a petition for a writ of certiorari from July 29, 2024 to September 27, 2024, submitted to Justice Barrett.

Attorneys

A. M. B.
Gregory G. GarreLatham & Watkins LLP, Petitioner
Gregory G. GarreLatham & Watkins LLP, Petitioner
Cato Institute and the Center for the Rights of Abused Children
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
Kelly McKnight
Lynn Kristine LodahlWisconsin Department of Justice, Respondent
Lynn Kristine LodahlWisconsin Department of Justice, Respondent