Arkansas Supreme Court orders gender neutral treatment of parents on birth certificates
As ordered by the U.S. Supreme Court, a fractured Arkansas Supreme Court today ordered that same-sex couples must be treated the same as opposite-sex couples in the issuance of birth certificates.
But the court again resisted rewriting statutes to provide for equal treatment, as a lower Arkansas court had originally decided.
The Arkansas Court acknowledged that state law was unconstitutional, as directed by the U.S. Supreme Court. That is, opposite-sex couples were presumed to be parents on a birth certificate, but same-sex married couples were not given the same presumption.
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Arkansas Supreme Court orders gender neutral treatment of parents on birth certificates
Posted By Max Brantley on Thu, Oct 19, 2017 at 10:45 AM
HISTORY MAKER: Marissa Pavan, with her child, was the lead plaintiff in a lawsuit that made U.S. Supreme Court law acknowledged today by the Arkansas Supreme Court. - MICHAEL HIBBLEN/KUAR
Michael Hibblen/KUAR
HISTORY MAKER: Marissa Pavan, with her child, was the lead plaintiff in a lawsuit that made U.S. Supreme Court law acknowledged today by the Arkansas Supreme Court.
As ordered by the U.S. Supreme Court, a fractured Arkansas Supreme Court today ordered that same-sex couples must be treated the same as opposite-sex couples in the issuance of birth certificates.
But the court again resisted rewriting statutes to provide for equal treatment, as a lower Arkansas court had originally decided.
The Arkansas Court acknowledged that state law was unconstitutional, as directed by the U.S. Supreme Court. That is, opposite-sex couples were presumed to be parents on a birth certificate, but same-sex married couples were not given the same presumption.
An opinion written by Justice Robin Wynne said:
On remand, the circuit court should award declaratory and injunctive relief as necessary to ensure that same-sex spouses are afforded the same right as opposite-sex spouses to be listed on a child's birth certificate in Arkansas, as required under Pavan u. Smith, supra. Extending the benefit of the statutes at issue to same-sex spouses will implement the mandate of the Supreme Court of the United States without an impermissible rewriting of the statutes.
Read more: https://www.arktimes.com/ArkansasBlog/archives/2017/10/19/arkansas-supreme-court-orders-gender-neutral-treatment-of-parents-on-birth-certificates