Constitutional Law

Woman is listed as 'father' on child's birth certificate after judge rules in gay-marriage case


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A Tennessee baby has a father who is female, according to a birth certificate issued after a judge ordered Tennessee to recognize the marriages of same-sex couples who are lawfully married outside the state.

Emilia Maria Jesty is apparently the first child born in Tennessee to have a woman listed as the father on the birth certificate, Reuters reports. Her parents, Valeria Tanco and Sophy Jesty, are lead plaintiffs in a suit filed by the National Center for Lesbian Rights. Tanco became pregnant by artificial insemination. They moved to Tennessee after getting married in New York.

Judge Aleta Trauger issued a preliminary order requiring recognition of out-of-state same sex marriages in March. The state’s appeal was pending when Emilia Maria Jesty was born March 27.

The case is one of scores of suits filed with the help of advocacy groups seeking to expand gay-marriage rights, the story says. They follow the U.S. Supreme Court’s decision last year in U.S. v. Windsor that struck down a law denyingfederal benefits to same-sex couples.

Eight judges have ruled for same-sex couples since the ruling, according to Reuters. The Denver based 10th U.S. Circuit of Appeals will hear appeals of cases from Utah and Oklahoma on Thursday, and the Richmond, Va.-based 4th U.S. Circuit Court of Appeals will hear a case from Virginia in May.

Prior coverage:

ABA Journal: “DOMA’s demise brings new challenges”

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