On Monday the U. S. Supreme Court unexpectedly ruled that the constitutional principles in its same-sex “marriage” decision, Obergefell v. Hodges, require Arkansas to list both women in a same-sex “marriage” as “mothers” on a birth certificate when one of them gets pregnant by a sperm donor.
The decision, Paven v. Smith, reversed an Arkansas high court ruling that held that it was constitutional for the state’s birth certificate statute to be based on the biological relationship a child has with his or her parents rather than the marital relationship the child’s biological mother has.
The decision was unexpected because the women were only hoping the court would decide to hear their case, not decide it prior to the filing of any briefs and oral argument. As a consequence of this unusual, surprise procedure, three justices—Gorsuch, Thomas, and Alito—issued a dissenting opinion.
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