Quote:
Originally Posted by well named
I don't know why you are claiming that the ruling changed nothing. The S.C. does not hear cases where its findings are moot. The ruling in this case orders the Arkansas courts to re-examine the case and interpret the law according to Obergefell. It says that they must issue such birth certificates with same-sex spouses automatically included. They were not previously issuing these birth certificates, because of the Arkansas S.C. ruling.
JUSTICE GORSUCH, with whom JUSTICE THOMAS and
JUSTICE ALITO join, dissenting.
Summary reversal is usually reserved for cases where
“the law is settled and stable, the facts are not in dispute,
and the decision below is clearly in error.” Schweiker v.
Hansen, 450 U. S. 785, 791 (1981) (Marshall, J., dissenting).
Respectfully, I don’t believe this case meets that
standard.
In an opinion that did not in any way seek to
defy but rather earnestly engage Obergefell, the state
supreme court agreed.
The State has repeatedly conceded
that the benefits afforded nonbiological parents under §9–
10–201 must be afforded equally to both same-sex and
opposite-sex couples. So that in this particular case and
all others of its kind, the State agrees, the female spouse
of the birth mother must be listed on birth certificates too.
Third, further proof still of the state of the law in Arkansas
today is the fact that, when it comes to adoption (a
situation not present in this case but another one in which
Arkansas departs from biology based registration), the
State tells us that adopting parents are eligible for
placement on birth certificates without respect to sexual
orientation.
The Court does not
offer any remedial suggestion, and none leaps to mind.
Perhaps the state supreme court could memorialize the
State’s concession on §9–10–201, even though that law
wasn’t fairly challenged and such a chore is hardly the
usual reward for seeking faithfully to apply, not evade,
this Court’s mandates.