US Supreme Court sides with same-sex couples in Arkansas

US Supreme Court sides with same-sex couples in Arkansas

US Supreme Court sides with same-sex couples in Arkansas

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. However, the Arkansas rule applies even to married opposite-sex couples even if the couple is fully aware that the mother's husband is not the child's biological father. According to the court below, however, Arkansas need not extend that rule to similarly situated same-sex couples: The State need not, in other words, issue birth certificates including the female spouses of women who give birth in the State, "the Supreme Court ruling reads". "The statute in question establishes a set of rules created to ensure that the biological parents of a child are listed on the child's birth certificate".

Pew's survey was conducted by telephone among 2,504 adults across the US from June 8 to 18.

The lead plaintiffs in this case, Terrah and Marissa Pavan, DID get a proper birth certificate for their child thanks to a circuit court order, but Attorney General Leslie Rutledge appealed and shut it down for other couples soon after. Young people are the most supportive (cue up Whitney Houston singing, "I believe the children are the future...") with 76% of millennials and 65% of Gen Xers saying they support same-sex marriage.

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. "But nothing in Obergefell spoke (let alone clearly) to the question whether...the Arkansas Code, or a state supreme court decision upholding it, must go", Gorsuch wrote.

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"We are grateful to the Court for sending a clear message that it will not tolerate attempts to flout the Court's clear holding in Obergefell that married same-sex couples must be given the full panoply of protections tied to marriage under state law", Catherine Sakimura, family law director of the National Center for Lesbian Rights, who represented the couples.

The unsigned opinion reversed an Arkansas State Supreme Court ruling. His dissent was joined by Justices Clarence Thomas and Samuel A. Alito Jr.

In a statement, the president of the Arkansas Family Council said the court through its decision is asking "Arkansans to ignore basic facts about biology".

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