Indiana Attorney General Curtis Hill has asked the U.S. Supreme Court to reverse a federal appeals court’s ruling allowing a lesbian couple to be listed as the parents on their son’s birth certificate.
The couple at the center of the case, Ashlee and Ruby Henderson, are a married couple from Lafayette who were blocked by county officials from being listed on the birth certificate of their son, who was conceived through artificial insemination and carried to term by Ruby.
In 2015, the Hendersons sued, challenging Indiana’s birth records law that does not permit the non-biological parent to be listed on the birth certificate.
In their lawsuit, the Hendersons argued that leaving one mother’s name off the birth certificate would present legal issues when it came to health insurance coverage, who could speak for a child at a doctor’s appointment, and enrolling in school or in intramural sports.
They also argued it was unfair to force one parent in a same-sex marriage to spend anywhere from $4,000 to $5,000 to legally adopt the child they are raising with their partner, reports NBC News.
The courts sided with the Hendersons in 2016, finding Indiana’s policy unconstitutional. The state appealed the ruling to the 7th U.S. Circuit Court of Appeals in Chicago, and seven additional same-sex couples joined the Hendersons as plaintiffs challenging the policy.
In January 2020, the 7th Circuit ruled that under Indiana law, “a husband is presumed to be a child’s biological father, so that both spouses are listed as parents on the birth certificate and the child is deemed to be born in wedlock.”
As such, the justices maintained, a same-sex couple should be treated equally, with both spouses listed as parents regardless of biological ties to the child in question, in order to prevent discrimination.
Such laws, known as “presumption of parentage” laws, recognize the legal bond between a child and the non-biological parent who is married to the child’s biological parent, and are based on what is considered best for the care and protection of the child.
For example, such laws would recognize the male spouse of a woman who becomes pregnant by another man as the child’s father, rather than the biological father, based on the idea that the couple’s legal marriage — and the rights that derive from it — would provide a stable foundation for raising the child in question.
In 2017, the U.S. Supreme Court found similarly in a case out of Arkansas, known as Pavan v. Smith, in which two lesbian couples sued over a state policy prohibiting the non-biological mother from being listed as a parent on the child’s birth certificate.
The court found that because Arkansas has a “presumption of parentage” statute, a child’s birth certificate is not merely a vital record, but grants married parents a form of legal recognition not available to parents of children born out of wedlock.
But Hill, in his capacity as Indiana’s attorney general, filed a motion in June asking the Supreme Court to review the 7th Circuit’s decision.
He has since followed that up with his latest petition calling for a reversal of the decision. In his most recent petition, Hill claims that the decision violates “common sense” and could threaten parental rights that are based on a parent’s biological connection to their child.
“A birth mother’s wife will never be the biological father of the child, meaning that, whenever a birth-mother’s wife gains presumptive ‘parentage’ status, a biological father’s rights and obligations to the child have necessarily been undermined without proper adjudication,” Hill wrote.
The case is the first to deal with issues tangentially related to same-sex marriage ever since the confirmation of Justice Amy Coney Barrett.
Additionally, conservative justice Brett Kavanaugh had not yet been nominated when the case was decided, with Justices Gorsuch, Alito, and Thomas arguing against listing both parents on birth certificates.
Some LGBTQ advocates have previously expressed fears that social conservatives, like Hill, will seize the opportunity to erode marital rights and privileges enjoyed by same-sex couples by challenging precedent in the Pavan case and other pro-LGBTQ rulings.
Karen Celestino-Horseman, the Herndersons’ attorney, said she expects Hill’s brief to be discussed by the Supreme Court during a Dec. 11 conference.
“We are hopeful the court will follow the precedent in Pavan,” Celestino-Horseman told NBC News.
The Rainbow Youth Project USA says calls to its suicide prevention hotline from LGBTQ youth in Oklahoma spiked by more than 200% following the much-publicized death of nonbinary teenager Nex Benedict.
According to the organization, the hotline typically fields an average of 325 calls per month from LGBTQ youth in Oklahoma. But after news of Benedict's death began to spread, the volume of calls from Oklahomans spiked by 238%, reaching 1,097 calls for the month.
To handle the increased volume, Rainbow Youth Project USA created a rapid response team to assist troubled youth and parents calling in, particularly from Owasso, where Benedict lived.
At around 2 a.m. on March 9, a security camera outside of Precinct, a gay bar in downtown Los Angeles, caught two men dressed in black and carrying cocktail glasses walking around the corner from the bar's main entrance. They entered an exterior hallway leading to the bar's employee entrance.
The men set their glasses on a nearby railing, unzipped their pants, and appeared to urinate in a corner between the door and the entranceway.
In the video, two other men are seen passing by the entranceway but not entering it, just moments as the taller of the two men appears to zip up his fly and looks around furtively. The video cuts out shortly after that.
Police arrested a former Jackson Police Department officer who allegedly killed his ex-boyfriend in a bloody attack at a Jackson, Mississippi apartment complex.
Police mounted a search for 33-year-old Marcus Johnson in connection with the murder of 25-year-old Carlos Collins, a registered nurse who hailed from Yazoo City.
Collins was killed on April 9 at the Tapestry Northridge Apartments, off Parkway Drive near Old Canton Road, in the northeastern part of Jackson.
According to WAPT, members of Collins family said police told them that Collins succumbed to gunshot wounds sustained during the attack, and that an axe was used during the murder.
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