In the Matter of Marian T.

State: New York

Filed: December 31, 2019

Court: New York Court of Appeals

Overview: This brief argues that New York’s adoption statute requires the informed consent of adult adoptees. The lower court held that the consent of the adult adoptee is properly dispensed with where adoption would further the person’s best interests.

Excerpt: “In dispensing with Marian’s consent to her own adoption, the lower courts embraced the outdated-and discriminatory-view that adults with intellectual disability may be treated as perpetual children under the law. Despite changes in law, policy, and societal attitudes regarding the treatment of adults with intellectual disability, outmoded stereotypes of adults with intellectual disability as lacking personhood and the ability to exercise self-determination linger. The lower courts’ decisions reflect those outdated views and threaten a dangerous reversal of advances made by people with intellectual disability.”

Status: Awaiting decision

Case Documents

Amicus Brief

Espinoza v. Montana Department of Revenue

State: Montana

Filed: November 15, 2019

Court: U.S. Supreme Court

Overview: The brief argues that voucher and tax-credit programs like Montana’s redirect public funds to private entities largely unbound by the federal laws that for generations have guarded the rights and futures of students with disabilities. Allowing such programs to proliferate would significantly harm students with disabilities.

Excerpt: “For nearly fifty years, children with disabilities have relied on key federal laws to ensure that they receive the education to which they are entitled and are protected from discrimination and segregation in public schools. School voucher and tax-credit programs, including the Montana program at issue in this case, risk eroding these decades of progress. They redirect public money to private schools, which often fail to offer appropriate or integrated education to students with disabilities and commonly exclude them outright. And they deplete funding for public schools, which remain bound to comply with the comprehensive federal laws ensuring that students with disabilities are properly served. In the process, more and more students with disabilities will be excluded, neglected, and segregated—precisely the harms that Congress has repeatedly acted to stop.”

Status: Awaiting decision from the U.S. Supreme Court

Case Documents

Amicus Brief 

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