A state judge ruled on Tuesday that Arkansas must list both members of same-sex couples as parents on official birth certificates issued across the state, broadening his earlier finding on behalf of three married lesbian couples with children.
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“There’s not anybody else listed as the other parent, or father I guess it is”, said Marisa Pavan, who showed up first thing Wednesday morning with her wife Terrah, hoping to finally get both their names on their daughter Tucker’s birth certificate.
Fox’s order expands on a ruling he issued from the bench last week allowing three same-sex couples who sued the state for refusing to name both spouses on the birth certificates of their children to amend the documents and list both names.
“Attorney General Rutledge has advised the Department of Health to follow Judge Fox’s order with regard to amending the birth certificates of the three minors in this case”, Deere said.
The Attorney General Leslie Rutledge is yet to comment on the ruling.
Meg Mirivel at the Department of Health said the agency treated the Gardner-Glazes the same as straight couples, who must get a court order to amend birth certificates. “A heterosexual couple who used donor sperm and during their marriage would have no problem being on the birth certificate, and I am no more biologically connected than he would be”.
“Absent a stay, there is likely to be confusion, uncertainty, and irreparable harm”, the filing said.
“Without these provisions (or some variation), there is potentially no statutory authority for ADH to list any person as a parent on an original birth certificate of a child born in Arkansas”, the petition argues.
Hutchinson also said legislative action will be required to change state laws governing birth certificates and said Fox recognized that fact in his ruling.
“If you’re going to apply the law, apply it equally”, she said.
Maples said the Health Department should have begun addressing the issue after Pulaski County Judge Chris Piazza struck down Arkansas’ ban on gay marriage in May 2014.
Maples said she expected at least one of the couples she represents to seek the amended certificates Wednesday morning.
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Two of the couples were married out of state before the U.S. Supreme Court ruling, and a third was married in Arkansas days after the decision.
