Judge Rules Tennessee Can Open Sealed Records Without Consent

In an unprecedented ruling, U.S. District Judge John T. Nixon lifted his temporary restraining order and decided the state of Tennessee could implement its law opening adoption records.

The Tennessee law has been challenged by Jim Savley of Small World Ministries, an NCFA Member Agency, two birthmothers and an adoptive couple. Tennessee sought to have the case thrown out but Judge Nixon ruled that "the injury to Plaintiffs is immediate" and "that there is a causal connection between the Plaintiff's injuries and the challenged Act." This part of the ruling allowed the case to proceed and will make it possible for Larry Crain of the American Center for Law and Justice, who originally filed the case, to pursue the appeals process. "If Judge Nixon will not reconsider his decision," Crain said, "we will immediately appeal to the 6th U.S. Circuit Court of Appeals and to the U.S. Supreme Court if necessary."

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One of the most amazing portions of Judge Nixon's ruling is his declaration that adoption is not a pregnancy decision because the child has been born. "While the Supreme Court recognizes a woman's fundamental right of privacy regarding the termination of a pregnancy," Judge Nixon declared that no court has "found adoption to be a reproductive choice entitled to similar constitutional protection." According to Judge Nixon's reasoning, abortion is the only confidential choice for a woman in a crisis pregnancy.

There is another portion of the ruling which could have ramifications well beyond adoption. Judge Nixon argued that since none of the relinquishment papers birthmothers signed specifically guaranteed them confidentially and the courts could open the records for good cause, "birth parents did not have a guarantee of confidentiality." If this ruling were applied to doctors, attorneys, or priests and ministers, there would be no confidentiality in any of these fields unless there is a signed agreement specifically stating so for every visit.

As has been the case in the past, the anti-adoption forces have been vilifying anyone who speaks in defense of confidentiality and privacy in adoption. In addition to NCFA President Bill Pierce, their perennial favorite target, Jeremiah Gutman an American Civil Liberties Union pro bono privacy advocate was also singled out for some of the more foul-mouthed slander to appear on the Internet. Mr. Gutman's crime was to appear on MS-NBC and defend the confidentiality of women who have chosen to make adoption plans for their children.