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WASHINGTON — The Supreme Court has ruled for same-sex couples who complained an Arkansas birth certificate law discriminated against them.

The justices on Monday issued an unsigned opinion reversing an Arkansas high court ruling that upheld the law.

Under the law, married lesbian couples had to get a court order to have both spouses listed as parents on their children's birth certificates.

Arkansas routinely lists a woman's husband as a child's father, even if he is not the biological parent of the child. The same-sex couples want the same presumption applied to the married partner of a woman who gives birth to a child.

Justices Neil Gorsuch, Clarence Thomas and Samuel Alito dissented from the ruling.

In a statement, the president of the Arkansas Family Council said the court through its decision is asking "Arkansans to ignore basic facts about biology."

"Birth certificates exist to record that a child was born and who the child’s biological parents are presumed to be," he said. "As the Arkansas Supreme Court correctly noted last year, no child can have two biological mothers, but the Arkansas Department of Health will now be forced to operate as if that is possible because of this court ruling.”

In a statement, Arkansas Attorney General Leslie Rutledge also criticized the court's overturning of the law "without briefing or argument on the merits.”

She added that she "will continue to review today’s decision to determine the appropriate next steps upon remand to the Arkansas Supreme Court to ensure that the law is followed properly.”

The American Civil Liberties Union of Arkansas' director praised the ruling as "a decisive victory for LGBT parents and their children.”

"The ACLU of Arkansas is grateful to these courageous families and all those who continue to fight discrimination in all its forms,” Rita Sklar said in a statement.

Read Tuesday's Arkansas Democrat-Gazette for full details.

Arkansas Online staff members contributed to this story.


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  • hah406
    June 26, 2017 at 9:38 a.m.

    Rutledge loses again, 6 - 3. How many court cases is that now that the AG has lost? She is well below .500

  • maxrss12070705
    June 26, 2017 at 10:02 a.m.


  • 3WorldState1
    June 26, 2017 at 10:25 a.m.

    GOP doesn't care about fairness or wasting Tax payer dollars.

  • RBear
    June 26, 2017 at 11:15 a.m.

    The fact that six justices side with the same-sex parents coincides the shift in public opinion on same-sex marriage. The state's attempt to be punitive of same-sex couples failed to pass muster with the Court. This case will provide guidance for other states with similar bans, all Republican states.

    June 26, 2017 at 12:40 p.m.

    Yes, maxrss. Your bigotry is horrible.

  • maxrss12070705
    June 26, 2017 at 1:26 p.m.

    May God forgive us.

  • TheBatt
    June 26, 2017 at 1:45 p.m.

    ARMNAR- how nice of you to call someone a bigot. Unfortunately, by doing so so are also calling God, the creator of the universe (and YOU) a bigot, as He Is responsible for biological reality.

    The whole birth certificate concept has become pointless. The original intent long ago was to maintain a record of the BIOLOGICAL background of people from birth. This is important even today from a genetics point of view as well as for a wide-vatlriety of health and mental understanding.

    But then courts began allowing birth certificates to be altered when a child was adopted, completely nullifying the original value of birth certificates.

    Thus is what the SCOTUS based this decision on. Unfortunately, this ruling finalized the reality that courts have gone totally nuts. Public opinion does not change biology. Nor dues it change the need for accurate birth records.

    But again, courts don't care about what is genuinely right or advantageous for society.

  • FireEyes
    June 26, 2017 at 1:53 p.m.

    maxrss is totally right......ditto TheBatt.

    Jesus said "as in the days of Noah" and we're just about there. Soon the totally decadent will have 7 years to do everything all their way without us Christians around to mess up their playhouse.......the mega disgusting and pathetic part is that their way only takes 7 years to destroy civilization totally, but we're the haters, bigots, and destroyers.....SMH

  • RBear
    June 26, 2017 at 1:58 p.m.

    Oh FireEyes, love your dramatic "end times" prediction. People like you have been predicting the destruction and end times for decades and you're still here. Hmmm. Quite frankly, I think God would much prefer peace and happiness rather than condemnation and hatred. Think about that for a bit.

  • LR1955
    June 26, 2017 at 2 p.m.

    I wonder if all the birds & bees books are being re-written, adding chapters to cover the new rulings?