U.S. High Court Overturns Arkansas Ruling Blocking Birth Certificates for Same-Sex Couples

[DonViejo]

Source: U.S. News & World Report



By Andrew Chung

WASHINGTON (Reuters) - The U.S. Supreme Court on Monday overturned a state court ruling that allowed Arkansas to refuse to list both same-sex spouses on birth certificates, a decision that helps clarify the scope of protections provided by the high court's landmark 2015 decision legalizing gay marriage.

The justices ruled in favor of lesbian couples by throwing out a December ruling by the Arkansas Supreme Court decision that upheld state officials' refusal to name the wives of the birth mothers as parents on birth certificates.

The Arkansas court said state officials do not have to list both same-sex spouses as named parents on birth certificates, even though state law allows a birth mother's opposite-sex husband to be listed when the baby is not biologically related to him. Both couples received the birth certificates they wanted when they won in trial court.

Conservative Justices Neil Gorsuch, Samuel Alito and Clarence Thomas dissented, saying the lower court decision should not have been reversed.

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Read more: https://www.usnews.com/news/us/articles/2017-06-26/us-high-court-overturns-arkansas-ruling-blocking-birth-certificates-for-same-sex-couples

[mahatmakanejeeves]

1. It's same-sex Monday at the SC. Thanks.

http://www.scotusblog.com/2017/06/live-blog-orders-opinions-10/

32 minutes ago
The justices also summarily reversed -- that is, overturned without briefing and argument on the merits -- in Pavan v. Smith. That was a challenge to an Arkansas law that requires a married mother's male spouse to be on the birth certificate, even if he is not the biological father. But the same is not true for married same-sex couples. In an unsigned opinion, the court reversed the Arkansas Supreme Court's decision upholding the law.

* * * * *

23 minutes ago
Interesting to see Chief Justice Roberts, an Obergefell dissenter two years ago, join today's Obergefell-reiterating per curiam opinion in Pavan.

* * * * *

[bitterross]

10. It is good to see Roberts respect the intent of the Obergefell decision.

I give him a small amount of credit for stare decisis on this one. Clearly, Thomas, Alito and Gorsuch have no problem ignoring precedent when it would suit their conservative, religious views.

[Lonestarblue]

2. Great news!

I wish there was some way for the blue states secede and leave the red states to their nonsense. Eventually there would be only religious fundamentalists and fake Christians left in the red states, which they could destroy at will without harming the rest of us. They would also go bankrupt quickly since it is the tax dollars from blue states that help to support them.

Speaking of religious fundamentalists, I recently read somewhere that they are against in vitro fertilization, which surprised me since they want every woman to have as many babies (preferably white) as possible. A light bulb came on with this story: they are now against in vitro because it allows gay couples to have children. Wow.

[n2doc]

8. That never works

There are always children growing up and discovering their sexuality, and also those who can't leave due to family, or other reasons. Think of some of the horrendous pogroms against LGBT's and how people didn't leave even when things got horrible. They just hide and hope to not be discovered.

[BumRushDaShow]

3. K&R

Interesting 6-3. So you are seeing where Gorsuch stands.

[J_William_Ryan]

9. Yes, hostile to the rights and protected liberties of gay Americans.

[BumRushDaShow]

11. He's definitely a Scalia-lite (so far). nt

[Chipper Chat]

4. ahem, did you notice the 3 dissenters?

GORSUCH
yeah remember those sweet ccommercials touting his ffairmindednesm dedness and how he will be a justice for ALL the people. Right.

[Chipper Chat]

5. Damn autocorrecct

[AtheistCrusader]

6. No, I think it's appropriate in this case.

[mahatmakanejeeves]

7. Here is a link to Pavan:

https://www.supremecourt.gov/opinions/16pdf/16-992_868c.pdf

[Laf.La.Dem.]

12. Does this mean Roberts may be human?

[BigDemVoter]

13. I lived in that goddamned state for 3 LONG years.

It is one FUCKED up state. I hate to paint the entire state with the ugly brush, but it was horrendous. It was godawful. Those were the worst three years of my life. . . . The fucking WORST.

EVERY white person I knew was racist. I'm not saying that everybody was racist, but I sure met NOTHING but racists while there.

And the homophobia and Islamophobia? Yeah-- they were bad too.

I fucking LOATHE that state.