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SCOTUS strikes down Arkansas attempt to treat same sex parents differently

Posted on 6/26/17 at 10:18 am
Posted by Toddy
Atlanta
Member since Jul 2010
27250 posts
Posted on 6/26/17 at 10:18 am
OF COURSE Gorsuch dissents. Looks like Gorsuch is turning out to be the anti gay bigot everyone knew he was. What else would anyone expect from Trump though.

quote:

On Monday, the Supreme Court ruled that the Constitution requires states to list married same-sex couples on their children’s birth certificate. The per curiam decision marks a landmark victory for gay rights, confirming that the court’s decision in Obergefell v. Hodges protects all rights relating to marriage, not simply the recognition of marriage itself.

In Obergefell, the court held that the Due Process and Equal Protection clauses of the 14th Amendment require states to extend marriage rights to same-sex couples “on the same terms and conditions as opposite-sex couples.” Arkansas began issuing marriage licenses to same-sex couples—but when these couples had children, the state refused to list both parents on the birth certificate.

Justice Neil Gorsuch dissented, joined by Justices Clarence Thomas and Samuel Alito. Gorsuch wrote that “nothing in Obergefell indicates that a birth registration regime based on biology” runs afoul of the 14th Amendment. His dissent should be deeply alarming to LGBTQ advocates; it indicates an eagerness to read Obergefell with implausible narrowness, and a hostility to the extension of civil rights to same sex couples
.

LINK
Posted by gaetti15
AK
Member since Apr 2013
13365 posts
Posted on 6/26/17 at 10:20 am to
trolololololololololol
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 6/26/17 at 10:20 am to
(no message)
This post was edited on 6/29/17 at 3:33 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98826 posts
Posted on 6/26/17 at 10:20 am to
His point was requiring biological parents be listed on birth certificate is not disparate impact and has rational basis.

But then, you would think that doesn't make sense.
Posted by Fun Bunch
New Orleans
Member since May 2008
115870 posts
Posted on 6/26/17 at 10:21 am to
quote:

Looks like Gorsuch is turning out to be the anti gay bigot everyone knew he was.


He is an anti-gay bigot because he used reason and logic? got it.

quote:

Gorsuch wrote that “nothing in Obergefell indicates that a birth registration regime based on biology” runs afoul of the 14th Amendment. His dissent should be deeply alarming to LGBTQ advocates


LOGIC IS DEEPLY ALARMING
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67488 posts
Posted on 6/26/17 at 10:22 am to
The gheys win and still bitch
Posted by Roaad
White Privilege Broker
Member since Aug 2006
76486 posts
Posted on 6/26/17 at 10:22 am to
quote:

Looks like Gorsuch is turning out to be the anti gay bigot
Because he thinks it is ok to list biological parents on a birth certificate?
Posted by Bjorn Cyborg
Member since Sep 2016
26776 posts
Posted on 6/26/17 at 10:22 am to
Egads!

Gorsuch based his ruling on biology.

Party of science?

I don't personally give a shite about this ruling, but if birth certificates are meant to list biological parents, then this ruling is dumb. If not, then it is correct.

Who is on the birth certificate of a normal adopted child?
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 6/26/17 at 10:23 am to
What kind of insane moron thinks a non birth parent should be listed on a birth certificate?

This is the kind of nonsens which makes you guys look ridiculous.

I have a 25 year old son, my now wife is more of a mother to him than his birth mother ever was or ever will be, but her name is NOT on the birth certificate, not any other state document that requires his mother's name. Why not? Because we are not insecure little bitches who need to put our names on stuff where it doesn't apply.

Posted by SouthernHog
Arkansas
Member since Jul 2016
6201 posts
Posted on 6/26/17 at 10:23 am to
Same sex people have a mental disorder.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73446 posts
Posted on 6/26/17 at 10:23 am to
Good lord what a bottom boi.
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 6/26/17 at 10:23 am to
Kennedy gotta go.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48313 posts
Posted on 6/26/17 at 10:23 am to
What happens in Arkansas when a married woman has a child with someone other than her husband? Does the husband automatically go on the birth certificate?
Posted by The Maj
Member since Sep 2016
27137 posts
Posted on 6/26/17 at 10:24 am to
Wait? A guy + a guy had sex and one of the guy's got pregnant and had a child? Or was it a girl + a girl bumped uglies and one of them got pregnant as a result?

Have the laws of biology changed?

ETA: What does this do for child support as it relates to identifying the biological father when/if the mother applies for benefits for the child?
This post was edited on 6/26/17 at 10:26 am
Posted by EKG
Houston, TX
Member since Jun 2010
44025 posts
Posted on 6/26/17 at 10:24 am to
The state court said the birth certificate law did not violate the guarantee of equal protection under the U.S. Constitution because it was intended to record biological relationships, not marital ones.

Makes complete sense to me.
Posted by GEAUXT
Member since Nov 2007
29248 posts
Posted on 6/26/17 at 10:25 am to
You do realize two gays can't make a baby, right?
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67488 posts
Posted on 6/26/17 at 10:25 am to
quote:

Who is on the birth certificate of a normal adopted child?

The adoptive parents; why? So there isn't a paper trail to the adoptive papers and it ultimately protects the children. How do I know? I'm an adoptive parent.
Posted by skrayper
21-0 Asterisk Drive
Member since Nov 2012
30887 posts
Posted on 6/26/17 at 10:25 am to
quote:

a birth registration regime


Do what now?
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67096 posts
Posted on 6/26/17 at 10:26 am to
This seems to be a federalism issue, not a religious one. Is it the federal government's job to decide what info goes on a birth certificate? To my knowledge, it is not. Thus, Gorsuch isn't a bigot, he's following the Constitution. He may in his heart believe that the parents of same sex couples deserve to be on the birth certificate, but that it is not the federal government, but the state government's job to decide how to handle that issue.

As for me, I do not agree with SCOTUS from a logical standpoint. How can a same sex couple have a child with both parents being the biological parent? The birth certificate should list the biological parent, the one with whom the child shares DNA. If the child is adopted, it should have neither of their names on the birth certificate. If they had the child via in vitro fertilization with a surrogate (where the child has the DNA of both same-sex parents), only then should the child's birth certificate have both names on it.
This post was edited on 6/26/17 at 10:27 am
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260576 posts
Posted on 6/26/17 at 10:27 am to
quote:

Justice Neil Gorsuch dissented, joined by Justices Clarence Thomas and Samuel Alito. Gorsuch wrote that “nothing in Obergefell indicates that a birth registration regime based on biology” runs afoul of the 14th Amendment. His dissent should be deeply alarming to LGBTQ advocates; it indicates an eagerness to read Obergefell with implausible narrowness, and a hostility to the extension of civil rights to same sex couples


Such drama, much stupidity.
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