05-23-2017, 09:09 PM
...was a Judge's words to Same Sex couples wanting both their names on the Birth Certificate:
http://www.indystar.com/story/news/politics/2017/05/23/judge-indiana-same-sex-couples-you-cant-overcome-biology/338215001/
Seems SSCs want both names on the Birth Certificate; although only one can biologically be the parent. In my reading it appears the Lawyers for the SSC are arguing that Males on the Birth Certificate do not have to prove that they are a biological parent. But the Judge is saying that is an assumption made that SSC have no basis to make.
http://www.indystar.com/story/news/politics/2017/05/23/judge-indiana-same-sex-couples-you-cant-overcome-biology/338215001/
Quote:In oral arguments Monday, a panel of three judges for the Seventh Circuit Court of Appeals examined whether Indiana discriminates by not recognizing two married women both as parents on their children's birth certificates without having to adopt.
Judge Diane S. Sykes drew distinctions between biological parentage and parental rights, and which of the two should be represented on birth certificates.
"You can't overcome biology," Sykes said. "If the state defines parenthood by virtue of biology, no argument under the Equal Protection Clause or the substantive due process clause can overcome that."
Seems SSCs want both names on the Birth Certificate; although only one can biologically be the parent. In my reading it appears the Lawyers for the SSC are arguing that Males on the Birth Certificate do not have to prove that they are a biological parent. But the Judge is saying that is an assumption made that SSC have no basis to make.