Common Sense: It’s Real, and It’s Spectacular

Last June, the US Supreme Court ruled that Arkansas had to issue the birth certificates equally to opposite-sex and same-sex parents, overturning their previous, discriminatory policy.

And Arkansas did nothing.

So, after months of waiting for the state to comply with the Supreme Court ruling, Pulaski County Circuit Judge Tim Fox has stopped Arkansas from issuing any birth certificates to anyone.

And a few hours later, to no one’s amazement, Governor Asa Hutchinson instructed the Department of Health to stop discriminating against same-sex couples.

The issue involved the case of Pavan v. Smith, where three married, same-sex couples with children, sued the state to get both of their names listed on their children’s birth certificates. See, in Arkansas, a woman’s husband is always put on her child’s birth certificate, no matter his genetic relationship with the baby; so, if Becky Lou is married to Jim Bob but has Gomer’s baby, Jim Bob’s name goes on the birth certificate.

Same-sex spouses were denied this, even though they were legally married.

And when Judge Fox heard their case and ruled that the state couldn’t discriminate against them, and when the supreme court of Arkansas overturned his ruling, he had just the one choice: common sense.

He issued an order to the Department of Health stopping all birth certificates from being issued until Arkansas complied with the US Supreme Court ruling.

And suddenly everyone gets a birth certificate.

Bravo, Judge Fox, bravo.

LGBTQ Nation