On Monday, the Supreme Court ruled that the Constitution requires states to list married same-sex couples on their children’s birth certificate. The per curiam decision marks a landmark victory for gay rights, confirming that the court’s decision in Obergefell v. Hodges protects all rights relating to marriage, not simply the recognition of marriage itself.
In Obergefell, the court held that the Due Process and Equal Protection clauses of the 14th Amendment require states to extend marriage rights to same-sex couples “on the same terms and conditions as opposite-sex couples.” Arkansas began issuing marriage licenses to same-sex couples—but when these couples had children, the state refused to list both parents on the birth certificate. The Arkansas Department of Health insisted that its rule was simply a recognition of biology.
As the court noted on Monday, however, there was a huge problem with this claim: Arkansas already lists nonbiological parents on birth certificates. When …
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