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The Supreme Court rules same-sex couples can be on birth certificates

In allowing the inclusion of all couples, no matter what type of marriage to added to birth certificates makes easier school registration, medical treatments and other situations where the document is required as proof.
Photo credit:
msmagazine.com

On Monday, The Supreme Court made a ruling to allow same-sex couples to be listed as parents on birth certificates.

This case Pavan v. Smith concerns the rights of same-sex couples being allowed to legally have their names on birth certificates the same way straight couples are.

In Arkansas, married straight couples are allowed to have both parents names listed, even if the father is not the biological parent.

Since the state does not make mandatory proof that the father is genetically linked to the baby, there is no way to prove that he is, in fact, the biological father.

Further in cases of artificial insemination, both parents are allowed to be documented even if the male spouse was not the donor.

However, this was not true for married lesbian mothers.

Arkansas Supreme Court Associate Judge Jo Hart argued in favor of the same-sex omission in December 2016, “In the situation involving the female spouse of a biological mother, the female spouse does not have the same biological nexus to the child that the biological mother or the biological father has. It does not violate equal protection to acknowledge basic biological truths.” 

This, of course, could be considered hypocritical because in cases of straight spouses the male biological connection is not a factor.

The Supreme Court ruling on Monday now allows for the same-sex couples to be listed citing that Obergefell v. Hodges in allowing marriage equality meant that all  LGBT people should now be afforded the same rights as heterosexual couples.

“Having chosen to make its birth certificates more than mere markers of biological relationships and to use them to give married parents a form of legal recognition that is not available to unmarried parents, Arkansas may not, consistent with Obergefell v. Hodges, deny married same-sex couples that recognition,” SCOTUS blog concludes.

In allowing the inclusion of all couples, no matter what type of marriage to added to birth certificates makes easier school registration, medical treatments and other situations where the document is required as proof.

Neil Gorsuch, Clarence Thomas, and Samuel Alito filed a dissenting opinion.