It’s starting to seem as if the Supreme Court is making more news by declining to take cases than issuing rulings on them. The latest example comes to us courtesy of a case out of Indiana and a ruling from the 7th Circuit Court of Appeals. Indiana has a law on the books limiting who can or cannot be recorded as the parent of a child, specifically when it comes to listing them on the baby’s birth certificate. Under that law, only the biological father can be listed as the other parent aside from the mother who gave birth. That law was challenged by a married lesbian couple who sought to have the mother’s wife listed as the second parent. The 7th Circuit sided with the plaintiffs and in an unsigned statement, the Supreme Court chose not to consider overturning their ruling. (NBC News)
The U.S. Supreme Court declined Monday to take up an Indiana case seeking to reverse a lower court’s ruling that allows both members of same-sex couples in the state to be listed as parents on the birth certificates of their children.
The high court turned aside without comment a petition that Indiana’s attorney general, Curtis Hill, filed with the court last month. Hill had argued for the justices to reverse a January decision by the U.S. 7th Circuit Court of Appeals that affirmed a ruling by Indiana’s federal southern district court that said Indiana laws limiting who can be called a parent of a child were unconstitutional.
Karen Celestino-Horseman, the attorney for the plaintiffs who challenged Indiana’s birth records law, said “we’re delighted” about the high court’s decision not to hear the case.
The couple in question are Ashlee and Ruby Henderson. Ruby became pregnant through artificial insemination and gave birth to their first child, but the state wouldn’t allow Ashlee to be listed as the other (non-biological) parent.