People leave the Supreme Court in Washington, Monday, June 26, 2017. Since Arkansas requires that the husbands of mothers of babies conceived through artificial insemination by an anonymous sperm donor be named on the birth certificate, a birth certificate in that is not just about biological relationships and the state can not treat same-sex marriages differently from opposite-sex marriages.
Pew's survey was conducted by telephone among 2,504 adults across the USA from June 8 to 18. The supreme court of Arkansas ruled that same-sex partners of mothers can not be named on a birth certificate because "In the situation involving the female spouse of a biological mother, the female spouse does not have the same biological nexus to the child that the biological mother or the biological father has".
Justices issued an unsigned order siding with a Pulaski County judge who struck down part of the state's birth certificate law that defines parents by gender. The decision was an extension of Obergefell v. Hodges, the 2015 Supreme Court case that led to marriage equality. The same-sex couples want the same presumption applied to the married partner of a woman who gives birth to a child. This, the court ruled, is one of the rights granted to same-sex couples along with marriage.
Gorsuch's dissent labels this conclusion "overbroad", and suggests that the Arkansas regime can be justified because it "establishes a set of rules created to ensure that the biological parents of a child are listed on the child's birth certificate". Leigh gave birth to the couple's third child earlier this month, Jana Jacobs said.
Correspondent Richard Wolf explained in his write-up, "Supreme Court will hear religious liberty challenge to gay weddings", that "the court will hear a challenge from a Colorado baker who had lost lower court battles over his refusal to create a wedding cake for a gay couple".
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"The Arkansas decision was an outlier in that regard and I'm very hopeful now that the U.S. Supreme Court has reversed the Arkansas Supreme Court that other state supreme courts will understand that the law really does require equal treatment of same sex married parents", Minter said.
Justices Neil Gorsuch, Clarence Thomas and Samuel Alito dissented from the ruling.
As The New York Times reports, the Supreme Court made the ruling Monday after the Arkansas Supreme Court ruled against a lawsuit brought by two married lesbian couples regarding the state listing same-sex couples on birth certificates.
In a statement, Arkansas Attorney General Leslie Rutledge also criticized the court's overturning of the law "without briefing or argument on the merits".