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Indiana asks high court to review same sex married parent birth certificate ruling

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  • Indiana asks high court to review same sex married parent birth certificate ruling

    LAFAYETTE, Ind. (AP) — Indiana’s attorney general’s office is asking the U.S. Supreme Court to review a federal appeals court’s ruling that sided with a gay married couple who challenged the state’s birth records law.



    The petition, filed June 15, comes after the appeals court ruled in January that same-sex couples should have the same rights as other couples to be named

    as parents on birth certificates
    without having to go through the expense of an adoption process.
    source associated press
    "The spirit of liberty is the spirit which is not too sure that it is right."


  • #2
    I sympathize with Indiana here, but I don't see how they could win this. If the couple is the legal guardians of the child through adoption, then they would have to be on the birth certificate "as if" just like any other adoption situation. The birth certificate is more for the state than the individual, you'd have to first make gay couples unrecognized by the government before this ruling could be overturned. If you force birth parents only, then every adoption would be affected. There's no way the SC overturns the lower court and makes this a national problem. But I'd like to hear more from IN why they are seeking a case like this. Seems to me if you just called "birth certificates" something like "state certificates", and changed nothing else about them, there wouldn't be a debate.
    我们有这盼望,就像灵魂的锚,又稳当又坚固,通过幔子直进到里面。
    This hope we have as an anchor of the soul, a hope both sure and reliable...
    (Hebrews 6:19 CNV / NASB)

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    • #3
      Originally posted by Aviyah View Post
      I sympathize with Indiana here, but I don't see how they could win this. If the couple is the legal guardians of the child through adoption, then they would have to be on the birth certificate "as if" just like any other adoption situation. The birth certificate is more for the state than the individual, you'd have to first make gay couples unrecognized by the government before this ruling could be overturned. If you force birth parents only, then every adoption would be affected. There's no way the SC overturns the lower court and makes this a national problem. But I'd like to hear more from IN why they are seeking a case like this. Seems to me if you just called "birth certificates" something like "state certificates", and changed nothing else about them, there wouldn't be a debate.
      Exactly! this is odd, birth certificates call for mother/father relationships how is that handled? they are legal guardians, with the exception that one is a biological parent.
      It takes love to embrace those ones who are weak, and strength to endure the weakness, I can do all things through Christ who strengthens me

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      • #4
        Originally posted by Aviyah View Post
        I sympathize with Indiana here, but I don't see how they could win this. If the couple is the legal guardians of the child through adoption, then they would have to be on the birth certificate "as if" just like any other adoption situation. The birth certificate is more for the state than the individual, you'd have to first make gay couples unrecognized by the government before this ruling could be overturned. If you force birth parents only, then every adoption would be affected. There's no way the SC overturns the lower court and makes this a national problem. But I'd like to hear more from IN why they are seeking a case like this. Seems to me if you just called "birth certificates" something like "state certificates", and changed nothing else about them, there wouldn't be a debate.
        If I understand it correctly the original case/ruling was in regards to 8 lesbian couples who had used artificial insemination by a sperm donor to conceive. In that situation heterosexual married couples were listed as the parents on the birth certificate, even though the father has no biological relationship to the offspring. However in the case of the same sex lesbian couples the state refused to list the birth mother’s spouse as a parent. Additionally one of the lesbian couples used the egg from one spouse to be implanted, carried and birthed by the other spouse, so they both technically had a biological connection to the child, however the spouse with the genetic relationship to the child (egg donor) was prevented from being listed on the certificate as a parent. IOW a very 21st century sort of predicament.

        I’m no lawyer so it’s possible I haven’t understood or reproduced all of the relevant facts, but here is a link to the pavan v smith SC ruling.
        "The spirit of liberty is the spirit which is not too sure that it is right."

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