Supreme Court sides with same-sex couples in Arkansas suit

Supreme Court sides with same-sex couples in Arkansas suit

Supreme Court sides with same-sex couples in Arkansas suit

The nation's highest court struck down an Arkansas law that kept same-sex couples from sharing the same rights heterosexual couples had on their children's birth certificates. Today's ruling reinforces same-sex couples' right to parent and to have their names on their children's birth certificates.

Another Arkansas couple in the case was Leigh and Jana Jacobs who had a similar experience the when Leigh Jacobs gave birth to their son in 2015. According to the decision, this regime violates Obergefell " s holding that "the Constitution entitles same-sex couples to civil marriage "on the same terms and conditions as opposite-sex couples'". Since Arkansas requires that the husbands of mothers of babies conceived through artificial insemination by an anonymous sperm donor be named on the birth certificate, a birth certificate in that is not just about biological relationships and the state can not treat same-sex marriages differently from opposite-sex marriages. "It was also an outlier; every other state that had considered this question got it right and ruled in favor of treating LGBT families equally". "It makes things for my family and all Arkansas LGBT families much better going forward".

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". "We are truly equal as families now". Leigh gave birth to the couple's third child earlier this month, Jana Jacobs said. That reasoning was upheld by the Arkansas Supreme Court.

She added that she "will continue to review today's decision to determine the appropriate next steps upon remand to the Arkansas Supreme Court to ensure that the law is followed properly".

Justice Neil Gorsuch dissented, along with Justices Samuel Alto and Clarence Thomas, arguing that the state's rationale for listing only biological parents was justified. Both couples received the birth certificates they wanted when they won in trial court.

Monday's ruling sent the case back to the state Supreme Court. The short dissenting opinion does some hand-waving around how men who are not biological fathers are routinely named on babies' birth certificates, but doesn't address the point since it really is proof that the state does not have a "biology based registration regime". Attorney General Leslie Rutledge, a Republican, said she disagreed with the court's ruling.

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