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The law required the name of the husband to appear on the birth certificate when a married woman gave birth in Arkansas, regardless of whether he was the biological father. But married lesbian couples had to get a court order to have both spouses listed. Hutchinson directed the department to issue corrected birth certificates at no charge to married lesbian couples who should have had both spouses listed as parents.
Fort Smith - Obtain a Birth Certificate
Hutchinson also ordered the department to notify hospital administrators of the new procedures. Attorney General Leslie Rutledge told the court this week that both sides had agreed on an order on how to comply with the high court ruling, but Fox rejected it. In his Friday ruling, Fox said he hoped Hutchinson would have the authority to fix the birth certificate law through executive action.
If the state was unable to fix the law, Fox said, the injunction would be in effect until lawmakers could address the issue.
How to get an Arkansas Birth Certificate online | US Vital Records
Lawmakers are not scheduled to convene again until February for a session focused on the budget. Hutchinson could call a special session. Health Department Spokeswoman Meg Mirivel said the state issues roughly to new, amended or replacement birth certificates a day. Judge Timothy Fox heard the case, Smith v.
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Supreme Court ruling that legalized same-sex marriage in the summer of It does not violate equal protection to acknowledge basic biological truths. Cheryl Maples officiating at the Fayetteville Pride Parade. Credit Jacqueline Froelich.
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Arkansas attorney Cheryl Maples, who fought for the right of same-sex couples in the state to marry in Arkansas, represents Kassel and Scott, as well as the two other same-sex couples. Cheryl Maples is considering by-passing federal court and appealing her case case directly to the U.
Supreme Court. This court did not follow, in my opinion, the precedent from Obergefell. Weatherby says the state Supreme Court decision runs awry of the fundamental principle that came out of Obergefell. Weatherby says birth certificates are critical life documents, and when both parents are not legally listed that can pose all sorts of logistical problems.
Credit D. Danielle Weatherby also says the state of Arkansas has not done due diligence in overhauling relevant statutes to accommodate Obergefell.
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Last summer a federal judge in Indiana ordered the state to extend rights of parenthood to married same-sex couples. Nebraska, Florida, and Utah also expanded birth registration rules this year. Louisiana, Ohio, Alabama and Arkansas are among a handful of states that continue to defy the federal marriage equality law. For now. View the discussion thread.