Battle
over same-sex status on birth certificates in Texas and Arkansas
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[August 15, 2015]
By Jon Herskovitz and Steve Barnes
AUSTIN, Texas/LITTLE ROCK, Ark. (Reuters)
- Two states that had blocked gay marriage are in legal battles over
granting parenthood status to same-sex couples: Arkansas is trying to
throw out a suit from couples seeking the status and Texas is saying it
does not have forms ready.
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The cases come as states that had barred same-sex marriage grapple
with changes brought by the landmark U.S. Supreme Court decision in
June that made gay marriage legal in the United States.
Three Arkansas same-sex couples have sued the state Health
Department for refusing to record both partners as parents on birth
certificates of the children they are raising.
The state this week asked a trial judge to dismiss the case, arguing
the issue is subject to formal adoptive status granted by a court
and that marriage does not convey parental status.
A spokesman for the state attorney general, who represents the
Arkansas Health Department, said on Friday the office would not
comment on pending litigation.
![](http://archives.lincolndailynews.com/2015/Aug/15/images/ads/current/beason_ag_sda_030614.png) The state's brief in the case said the department "lacks the
statutory and regulatory authority to amend the child Plaintiffs’
birth certificates as requested without a court order."
Cheryl Maples, an attorney representing the couples, said the
state's refusal to record both same-sex parents "is obviously a
denial of their equal protection and due process rights."
No hearing has been scheduled in the Arkansas case.
In neighboring Texas, a federal judge has ordered the state to
adjust its records on documents such as death certificates to
reflect the same-sex marriage being legal in the state.
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In a federal court filing this week, the Department of State Health
Services said it could not issue birth certificates to same-sex
couples because of problems with software.
It did not say when it would be able to fix the problems. A federal
judge said officials could be held in contempt if they did not make
the changes.
Months after Florida's gay marriage ban ended, the state is not
allowing hospitals to list both same-sex parents on their babies'
birth certificates, according to a federal lawsuit filed by three
gay couples.
Not having an accurate birth certificate denies children with
same-sex parents normal birth rights and prevents parents from
taking care of their children’s needs such as obtaining government
benefits, said civil rights group Equality Florida, which is also a
plaintiff in the case.
(Writing by Jon Herskovitz; Editing by Mohammad Zargham)
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