Supreme Court sides with same-sex couples in Arkansas suit

Dianna Christensen
June 27, 2017

Today's ruling reinforces same-sex couples' right to parent and to have their names on their children's birth certificates.

"Birth certificates exist to record that a child was born and who the child's biological parents are presumed to be", he said. "Because that differential treatment infringes Obergefell " s commitment to provide same-sex couples "the constellation of benefits that the States have linked to marriage, ' we reverse the state court's judgment", the majority wrote in an unsigned opinion.

Arkansas had resisted, arguing that the birth certificate was a record of parentage for the child, rather than a document about the marriage.

People leave the Supreme Court in Washington, Monday, June 26, 2017.

According to the Times, lawyers for the women who brought the lawsuit said the Supreme Court decision will be beneficial for same-sex parents in Arkansas. "As the Arkansas Supreme Court correctly noted previous year, no child can have two biological mothers, but the Arkansas Department of Health will now be forced to operate as if that is possible because of this court ruling".

Conservative Justices Neil Gorsuch, Samuel Alito and Clarence Thomas dissented, saying the lower court decision should not have been reversed.

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The Supreme Court issued a short ruling in Pavan v Smith in favor of LGBT rights. While the traditional gift is cotton, the study is an apt way to mark the second anniversary of the Supreme Court's 2015 landmark decision Obergefell v. Hodges, which legalized same sex marriage. Today's decision guarantees that the family we love will be respected and protected in the home we love'.

Gorsuch's dissent labels this conclusion "overbroad", and suggests that the Arkansas regime can be justified because it "establishes a set of rules created to ensure that the biological parents of a child are listed on the child's birth certificate".

Under Arkansas law, when a married couple has a child, the spouse of the birth mother is automatically listed on the birth certificate as the child's parent, regardless of how the couple conceived the child or whether the spouse is genetically related to the child.

"The Arkansas Supreme Court's decision flew in the face of Obergefell, undermining the dignity and equality of LGBT families and the government's obligation to protect children", Sommer added.

In a statement, Arkansas Attorney General Leslie Rutledge also criticized the court's overturning of the law "without briefing or argument on the merits".

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