Arkansas Judge Rules in Favor of Lesbians Who Sought Recognition as Parents on Birth Certificates

FoxLITTLE ROCK, Ark. — A judge in Arkansas has ruled in favor of three pairs of lesbians who sought to be recognized on the birth certificates of their children, although at least one woman is not the biological parent.

Six lesbians had filed suit against the Arkansas Health Department’s Vital Statistics Bureau after it declined to recognize both women as the parents on the birth certificates, which they sought to do in order to obtain insurance coverage for the children.

The bureau stated that the women needed to obtain a court order in the matter.

In their lawsuit, the women alleged that the refusal violated the U.S. Constitution because they could not both be listed just like heterosexual parents. But the state argued that the requirement to obtain a court order is the same for heterosexual couples who have children out of wedlock and marry after the birth.

On Monday, Pulaski County Circuit Judge Tim Fox sided with the lesbian women, stating that the birth certificates can be amended to include both of their names.

He drew a distinction between the various plaintiffs, however, as some had “married” before the birth and some after. Fox said that the latter scenario was not as clear in his mind in siding with the women, but decided to likewise allow their names to be listed.

The ruling applied only to those involved in the suit, but Fox is considering broadening his opinion to include the state as an entirety in the future.

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However, Attorney General Leslie Rutledge’s office has filed for a stay in the matter on behalf of the Arkansas Department of Health, and Rutledge plans to appeal once an official written decision is issued.

Because of the filing, when plaintiffs Marissa Pavan and Cheryl Maples visited the vital records office on Tuesday to make the change, they were denied.

“[T]he air got let out of the balloon real quick,” Pavan told UALR radio. “They said until there’s a written summary judgment about everything, we’re just going to keep doing what we’ve been doing.”


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  • http://www.facebook.com/chuck.anziulewicz Chuck Anziulewicz

    So if a STRAIGHT couple adopts a child, NEITHER parent is the “biological” parent. And yet we give those parents the recognition they are legally entitled to. Why all the wailing and gnashing of teeth over a Lesbian couple doing the same? Get over it.

    • RCE

      When couples adopt even if one partner is the bio parent, a court order has to be obtained to change the birth certificate. I know this because my husband went through it when adopting his step kids (my bio children). No one is above the process. Also, I was married to the father of my child but he couldn’t be listed on the BC because he wasn’t there to swear paternity. He also had to go through the courts to get his name on her BC. So, it’s not so unusual after all and no one is discriminating. smh People all up in arms over stupid stuff.

      • SFBruce

        “Also, I was married to the father of my child but he couldn’t be listed on the BC because he wasn’t there to swear paternity.”

        I’ll take your word for that, but as far as I know, when a woman who is married to a man gives birth, her husband is the presumptive father and automatically listed on the birth certificate. In the vast majority of cases, fathers don’t need to swear paternity in order to be indicated as such on the birth certificate; If he’s not the biological father, and he wants to avoid his parental responsibilities, it’s incumbent on him to take legal action. The important thing here is that these children are now legally recognized as the parents of this children, a circumstance which is in the children’s best interests.

        • RCE

          Well, I was giving birth in California and they have the father sign the document that states he is the father. My husband (now ex) was in jail on spousal abuse charges and could not sign paternity, so my last daughter doesn’t have a father on her certificate even though we were married.

        • Timothy Lamb

          I dont know the situation, but I know women dont conceive without men, why are the real fathers not listed?

          • SFBruce

            As I understand it, when a child is adopted, an amended birth certificate is issued which replaces the names of the biological parents with those of the adopted parents. I don’t know first hand, but I assume that’s what will happen in these cases. And the “real” parents of these children are the women are who will love and care for these children as they grow into adulthood. Again, I don’t know the details of these families, but it may well be that the biological father has no role whatsoever in their upbringing.

          • Cady555

            Even if a married couple uses a sperm donor and an egg donor, each person is presumed to be one of the parents of the child.

            Is it that hard to treat people with kindness?

  • upload

    Show me the Constitutional clause. They never can. It’s always, “Recognize my sin! Because Constitution!”

    • acontraryview

      The constitutional clause regarding what?

      • Oboehner

        If you have to ask, you wouldn’t understand.

  • Reason2012

    Adults continue to permanently turn away from homosexuality, even after decades of believing the lie they were “born that way”, proving it’s not genetic, but the product of indoctrination, confusion, mental instability and/or abuse.

    Homosexual behavior is most literally pointed out as a sin, and God has not changed on that regard. But if a person has those inclinations but does not act upon them, does not dwell in lust upon others, but is instead struggling against them to avoid them, then it’s not a sin. It’s just like sinful inclinations of any kind: it’s acting upon it when it becomes a sin.

    And this is what God says about sin and specifically the behavior of homosexuality:

    Romans 1:26-27 ”For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature: (27) And likewise also the men, leaving the natural use of the woman, burned in their_lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet.”

    1 Corinthians 6:9-10 ”Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate [men who willingly take on the part of a “woman” with another man], nor abusers of themselves with mankind [s odomites], (10) Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God.”

    1 Timothy 1:9-10 ”Knowing this, that the law is not made for a righteous man, but for the lawless and disobedient, for the ungodly and for sinners, for unholy and profane, for murderers of fathers and murderers of mothers, for manslayers, (10) For_whoremongers, for them that defile themselves with mankind [s odomites], for menstealers, for liars, for perjured persons, and if there be any other thing that is contrary to sound doctrine;”

    Jude 1:7 ”Even as_Sodom and Gomorrha, and the cities about them in like manner, giving themselves over to fornication, and going after strange flesh, are set forth for an example, suffering the vengeance of eternal fire.”

    Luke 17:29 ”[Jesus said] But the same day that Lot went out of_Sodom it rained fire and brimstone from heaven, and destroyed them all.”

    Matthew 19:4-6 ”And he [Jesus] answered and said unto them, Have ye not read, that he which made them at the beginning made them male and female, (5) And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? (6) Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.”

    Jesus made it quite clear God made us male and female so that a man will leave his father and mother (not two fathers, not three mothers and so on) and cleave onto his wife (not his husband and so on).

    The Word of God rebukes us all – even if we all try to say we don’t believe the Bible, the very Word of God will be our judge when we face Him. And God is a righteous judge and will judge us all – not turn a blind eye to our sin. Do not be deceived by the world: it’s God we will have to convince that His word was a lie, not men. What happened in Noah’s day when the entire world rejected God? Did God spare them because there were so many? No – they all perished except for Noah and his family!

    Proverbs 9:10 ”The fear of the LORD is the beginning of wisdom: and the knowledge of the holy is understanding.”

    God spared not His chosen people – we are kidding ourselves if we think He will spare the United States of America if we choose to blatantly turn away from Him.

    Jeremiah 12:17 ”But if they will not obey, I will utterly pluck up and destroy that nation, saith the LORD.”

    Luke 17:28-30 “So also as it was in the days of Lot: they ate, they drank, they bought, they sold, they planted, they built; (29) but the day Lot went out of Sodom, it rained fire and brimstone from the heaven and destroyed them all. (30) Even so it shall be in the day when the Son of Man is revealed.”

    Romans 1:18-32 “For the wrath of God is revealed from heaven against all ungodliness and unrighteousness of men, who hold [suppress] the truth in unrighteousness; Because that which may be known of God is manifest in them; for God hath shewed it unto them.

    For the invisible things of him from the creation of the world are clearly seen, being understood by the things that are made, even his eternal power and Godhead; so that they are without excuse: Because that, when they knew God, they glorified him not as God, neither were thankful; but became vain in their imaginations, and their foolish heart was darkened. Professing themselves to be wise, they became fools, And changed the glory of the uncorruptible God into an image made like to corruptible man, and to birds, and fourfooted beasts, and creeping things.

    Therefore God also gave them up to uncleanness through the lusts of their own hearts, to dishonour their own bodies between themselves: Who changed the truth of God into a lie, and worshipped and served the creature more than the Creator, who is blessed for ever. Amen.

    For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature: And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet.

    And even as they did not like to retain God in their knowledge, God gave them over to a reprobate mind, to do those things which are not convenient; Being filled with all unrighteousness, fornication, wickedness, covetousness, maliciousness; full of envy, m urder, debate, deceit, malignity; whisperers, Backbiters, haters of God, despiteful, proud, boasters, inventors of evil things, disobedient to parents, Without understanding, covenantbreakers, without natural affection, implacable, unmerciful: Who knowing the judgment of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them.”

    The entire Bible points out men having_sex with men is an abomination. Likewise woman having_sex with women. It’s not just Paul that pointed it out.

    Genesis 19:4-13 “But before they lay down, the men of the city, even the men of S odom, compassed the house round, both old and young, all the people from every quarter: And they called unto Lot, and said unto him, Where are the men which came in to thee this night? bring them out unto us, that we may know them [men wanting to have_sex with men].

    And Lot went out at the door unto them, and shut the door after him, And said, I pray you, brethren, do not so wickedly. Behold now, I have two daughters which have not known man; let me, I pray you, bring them out unto you, and do ye to them as is good in your eyes: only unto these men do nothing [he offers his daughters to be_raped to keep them from having_sex with another man – shows_rape is not the issue but male on male_sex]; for therefore came they under the shadow of my roof.

    And they said, Stand back. And they said again, This one fellow came in to sojourn, and he will needs be a judge: now will we deal worse with thee, than with them. And they pressed sore upon the man, even Lot, and came near to break the door. But the men put forth their hand, and pulled Lot into the house to them, and shut to the door. And they smote the men that were at the door of the house with blindness, both small and great: so that they wearied themselves to find the door.

    And the men said unto Lot, Hast thou here any besides? son in law, and thy sons, and thy daughters, and whatsoever thou hast in the city, bring them out of this place: For we will destroy this place, because the cry of them is waxen great before the face of the LORD; and the LORD hath sent us to destroy it.”

    These two messengers were sent to destroy that place before the event where they tried to_rape these messengers.

    Leviticus 18:22 “Thou shalt not lie with mankind, as with womankind: it is abomination.”

    Leviticus 20:13 “If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them.”

    Even cross-dressing is an abomination:

    Deuteronomy 22:5 “The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman’s garment: for all that do so are abomination unto the LORD thy God.”

    Deuteronomy 23:17 “There shall be no_whore of the daughters of Israel, nor a s odomite of the sons of Israel.”

    1 Kings 22:46 “And the remnant of the s odomites, which remained in the days of his father Asa, he took out of the land.”

    1 Kings 15:11-12 “And Asa did that which was right in the eyes of the LORD, as did David his father. And he took away the s odomites out of the land, and removed all the idols that his fathers had made.”

    2 Kings 23:7 “And he brake down the houses of the s odomites, that were by the house of the LORD, where the women wove hangings for the grove.”

    Ezekiel 16:49-50 “Behold, this was the iniquity of thy sister S odom, pride, fulness of bread, and abundance of idleness was in her and in her daughters, neither did she strengthen the hand of the poor and needy. And they were haughty, and committed abomination before me: therefore I took them away as I saw good.”

    And the “pride” parades about homosexuality are more of the same.

    Matthew 19:4-5 “And he answered and said unto them, Have ye not read, that he which made them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh?”

    Not father and father. Not mother and mother. Not his husband.

    And only two people of opposite gender can become “one flesh”.

    Live forever, people – not temporarily only to be cast out for living for the things of this world.

    May God/Jesus Christ be glorified!

    • acontraryview

      Do you ever get tired of cutting and pasting the same thing over and over that has no relevance to the issue at hand?

      “Adults continue to permanently turn away from homosexuality, even after decades of believing the lie they were “born that way”, proving it’s not genetic”

      Choosing not to act in accordance with one’s sexuality does not prove that something is not genetic. That would be like saying that a person who is left-handed, and then chooses to learn to write with their right hand proves that handedness is not genetic. Ridiculous.

      In order to prove that something is not genetic, you would need to know the functioning of every gene in the human genome. That information is not known.

      • Reason2012

        Why would I get tired of pasting the truth that no one can refute? Don’t you get tired of repeating the false claim that homosexual attractionss are genetic?

        // Choosing not to act in accordance with one’s sexuality does not prove that something is not genetic. //

        So if someone chooses not to act on the fact they’re born with male genitalia, does that mean they’re still a man nonetheless? After all, that’s obviously genetic fact. So much for that claim.

        Behold the greatest dishonesty of the homosexual / transgender movements: making up whatever lie suits them best and not noticing how it contradicts each.

        Homosexuality: genetics trump feelings – don’t want those attractions anymore? Too bad, because in spite of your feelings you can’t change the genetic fact you’re supposedly homosexual.

        Transgenderism: feelings trump genetics. Don’t want to be a man anymore? That’s fine – ignore the genetic fact you’re a man and mutilate your body to get in line with the REAL truth: your feelings.

        So according to you all those who have personally turned away from homosexuality are either lying, or you’re wrong. I’ll go with you being wrong. The fact that many males who profess homosexuality were also abused when they’re young by another male is more proof that it’s brought about by indoctrination, confusion, mental instability and/or abuse.

        Might as well claim women who are attracted to abusive men is also “genetic”, ignoring the fact many of them were abused mentally or otherwise growing up.

        • acontraryview

          “Don’t you get tired of repeating the false claim that homosexual attractionss are genetic?”

          I’ve never made such a claim. Apparently you don’t get tired of lying about what other people say.

          “So if someone chooses not to act on the fact they’re born with male genitalia”

          My comment was about sexuality, not genitalia.

          “Behold the greatest dishonesty of the homosexual / transgender movements: making up whatever lie suits them best”

          What lie are you referring to?

          “So according to you all those who have personally turned away from homosexuality are either lying, or you’re wrong.”

          Some are lying as has been shown by many who admitted as much. Some are bisexual.

          “The fact that many males who profess homosexuality were also abused when they’re young by another male is more proof that it’s brought about by indoctrination, confusion, mental instability and/or abuse.”

          You are attempting to create a relationship of causality when none can be proven. If we go with your reasoning, then heterosexuality in some women is a result of their being abused by a man when they were young. In addition, every male child who was abused by a man would grow up to be homosexual. That is not the case. Your argument holds no validity.

  • acontraryview

    So just like when a heterosexual couple uses artificial insemination or in vitro fertilization.

    • Oboehner

      With both parents actually contributing. What biological material did the non-birth mother lesbo contribute?

      • Timothy Lamb

        That is what I am saying, takes a man to procreate, do the fathers get a chance to claim they are a parent? I am sure some vindictive women would never hold back a child from a father! Sarc..

        • Oboehner

          Really.