Justices: Same Sex Couples Can be Listed as Mother or Father

The Washington Times reports today that Arkansas cannot refuse to list both names of same-sex married parents on a baby’s birth certificate just because one of them is not a biological parent, the Supreme Court ruled Monday. Arkansas had resisted, arguing that the birth certificate was a record of parentage for the child, rather than a document about the marriage. The court rejected that argument, saying that in situations where a child is conceived from an anonymous sperm donor, the mother’s husband is still required to be listed. Denying that same accommodation to same-sex couples violates the 2015 Obergefell ruling that established a national right to same-sex marriages.

The court issued a statement saying, “The State uses those certificates to give married parents a form of legal recognition that is not available to unmarried parents. Having made that choice, Arkansas may not, consistent with Obergefell, deny married same-sex couples that recognition.” Justice Neil M. Gorsuch dissented saying the state had reasons for wanting the biological parents to be listed on a birth certificate. His dissent was joined by Justices Clarence Thomas and Samuel A. Alito Jr.

Washington Times report found here.

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