Arkansas Supreme Court Hears Case Over Same-Sex Birth Certificates

Nov 3, 2016

Marissa Pavan shows the birth certificate she received Dec. 2, 2015 for her child, created through artificial insemination. She was one of the parties in a lawsuit challenging a state law.
Credit Michael Hibblen / KUAR News

Arkansas Supreme Court justices are questioning whether it's up to them or the Legislature to rewrite the state's birth certificate laws following the legalization of same-sex marriage nationwide.

The court on Thursday heard arguments in a lawsuit over whether married same-sex couples can have the names of both spouses on their children's birth certificate without a court order.

An attorney for the state said a Pulaski County judge went too far by striking down part of the state's birth certificate law as unconstitutional, and said changing the law regarding artificial insemination would address most of the concerns.

Three same-sex couples sued the state last year to amend their children's birth certificates after the U.S. Supreme Court struck down gay marriage bans nationwide.