Presumption of Parenthood. The Spouse of a Lesbian Birth Mother is a Legal Parent!

Apr 2014
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The liberal commie infested, queer loving north ea
I thought that this was quite interesting given the current anti LGBTQ environment instigated by the Trump Administration. While there have been some recent setbacks, this shows that there is still a path forward.

While this issue was previously decided in favor of Lesbian couples in a number of lower courts, this is the first case to reach SCOTUS. In declining to hear the case, they, in effect, allowed the Arizona State Supreme Court's ruling, granting the presumption of parenthood, to stand.

Another LGBT Rights Victory at the Supreme Court, This Time for Parental Rights

The U.S. Supreme Court today let stand an Arizona decision that recognized a woman as the legal parent of a child she and her same-sex spouse conceived through assisted reproduction.

The high court declined to review the Arizona Supreme Court’s ruling in the case, issued last September, reports the National Center for Lesbian Rights, which along with the firm of Ropes & Gray represented the mother who sought to be recognized as a parent. The Arizona court had ruled, “It would be inconsistent with Obergefell [the U.S. Supreme Court’s marriage equality decision] to conclude that same-sex couples can legally marry but states can then deny them the same benefits of marriage afforded opposite-sex couples.”

“The U.S. Supreme Court has twice explained in Obergefell v. Hodges and Pavan v. Smith that the U.S. Constitution requires states to provide the exact same rights to same-sex spouses and different-sex spouses,”
said NCLR family law director Catherine Sakimura in a press release. “States across the country should take careful note of this decision. Discrimination against married same-sex couples will not be tolerated.”https://www.advocate.com/marriage-equality/2018/2/26/another-lgbt-rights-victory-supreme-court-time-parental-rights
 
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Ian Jeffrey

Council Hall
Mar 2013
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Vulcan, down the street from Darth Vader
Sounds like the right decision.
It does, but at the AZ supreme court rather than the SCOTUS. The latter merely declined to hear the case, which irrespective of the legal or practical motivation has no substantive meaning.
 

Wonderer

Moderator
May 2014
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Missouri
It does, but at the AZ supreme court rather than the SCOTUS. The latter merely declined to hear the case, which irrespective of the legal or practical motivation has no substantive meaning.
I know.

But not to put too fine a point on it, the AZ decision was the correct one, as was the SCOTUS decision to leave it be.
 
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