Same-sex couples sue Arkansas over birth certificates

Little Rock, Ark. (AP) — Three same-sex couples sued Arkansas health officials Monday for refusing to name both spouses on their children's birth certificates, arguing the state is violating their constitutional rights after gay marriage was legalized nationwide.

The married women said in the lawsuit filed in Pulaski County Circuit Court that the state Health Department would list only the biological mother on the birth certificate, and said they were told they would need a court order to name both spouses. The couples sought the birth certificates after last month's U.S. Supreme Court ruling striking down gay marriage bans nationwide.

The lawsuit says not providing the birth certificates "(deprives) these children of the dignity, legitimacy, security, support and protections provided to children of heterosexual couples, regardless of marital status."

Health Department Spokeswoman Kerry Krell said it had identified court orders as the best way for same-sex couples to list both spouses on birth certificates as it explores potential changes to its regulations and state vital records laws. Any changes in state regulations would have to go through the Board of Health and be reviewed by the Legislature.

Krell declined to comment on the lawsuit. A spokesman for Attorney General Leslie Rutledge said she would represent the department in the case, but declined to comment on the lawsuit.

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. The couples' children were conceived through anonymous sperm donors.

Cheryl Maples, the attorney representing the couples, said she hoped to get a hearing soon before a judge. The lawsuit says the state's refusal to change the birth certificates without a court order jeopardizes a number of benefits, including insurance and inheritance, for the children. Maples said she knows of several other same-sex couples who have faced the same problem.

"Some of them have gone ahead and gone through adoption procedures because of the problems they had. They shouldn't have to," Maples said. "They should be treated like heterosexual couples."

The lawsuit asks the court to prevent the state from denying birth certificates naming both parents to same-sex couples. It also asks that the state laws regarding rights of parents in relation to their children be construed in a gender neutral fashion.

By Andrew DeMillo, Associated Press. Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The Gayly – July 14, 2015 @ 7:15am.