Little Rock (AP) – Arkansas is asking its state Supreme Court to overturn a lower court decision that cleared the way for married same-sex couples to get the name of both spouses on their child’s birth certificate without a court order.
The Arkansas Attorney General’s office filed its appeal April 15 on behalf of the state Health Department, saying the law is based on biology. The state also requested oral arguments in the case.
Pulaski County Judge Tim Fox ruled in December that part of the state’s birth certificate law was unconstitutional following the U.S. Supreme Court’s decision legalizing same-sex marriage.
The Arkansas Supreme Court agreed to temporarily block Fox’s decision, but not his separate order that the three same-sex couples who brought the lawsuit be listed on their children’s birth certificates as parents.