Supreme Court sides with same-sex couples in Arkansas suit


The supreme court of Arkansas ruled that same-sex partners of mothers can not be named on a birth certificate because "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".

Justices Clarence Thomas, Neil Gorsuch and Samuel Alito dissented in a decision that reverses what until now was a space on one's birth certificate reserved for the opposite-sex spouse. And so, the court ruled, Arkansas must begin listing same-sex parents on birth certificate. Instead, the State insists, a birth certificate is simply a device for recording biological parentage - regardless of whether the child's parents are married. "Because that differential treatment infringes Obergefell's commitment to provide same-sex couples 'the constellation of benefits that the States have linked to marriage, ' we reverse the state court's judgment". A county clerk in Kentucky, Kim Davis, refused to issue marriage licenses to same-sex couples.

Plaintiffs were two married same-sex couples living in Arkansas with their children, who were conceived using anonymous sperm donors. Last December, the top Arkansas court overturned the trial judge's ruling, saying that the Obergefell ruling was limited to marriage itself and did not apply to birth certificates. "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". In the dissenting opinion, Gorsuch wrote that "nothing in Obergefell indicates that a birth registration regime based on biology, one no doubt with many analogues across the country and throughout history, offends the Constitution". "Coming two years to the day after the U.S. Supreme Court made marriage equality the law of the land, this ruling is another victory for equal protection and the rights of children and LGBT parents".

There were similar findings for baby boomers, according to Pew: "For the first time, a majority of Baby Boomers favor allowing gays and lesbians to marry legally". 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.

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"Gallup estimates that 61% of same-sex, cohabiting couples in the USA are now married, up from 38% before the Supreme Court legalized same-sex marriage in June 2015, and 49% one year ago", pollsters wrote in reporting their findings.

Republicans are not the only group to show a dramatic shift in opinions on marriage equality in recent years.

The Supreme Court in June of 2015 found that gay and lesbian couples have a constitutional right to marry. The statute in ques- tion establishes a set of rules created to ensure that the biological parents of a child are listed on the child's birth certificate.