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February 10th, 2014 By German Lopez | News | Posted In: News, Courts, LGBT

Lawsuit: End Same-Sex Discrimination on Birth Certificates

Couples married outside Ohio sue over recognition on children's birth certificates

news_gaymarriage_juliehillIllustration: Julie Hill

A federal court in Cincinnati could get another chance to advance LGBT rights if it takes up a lawsuit filed Monday that calls on Ohio to recognize the names of married same-sex parents on their adopted children’s birth certificates.

Civil rights attorney Alphonse Gerhardstein filed the lawsuit on behalf of four same-sex couples who married outside the state and an adoption agency that helped one of the couples adopt a child in Ohio.

“Birth certificates are the primary identity document in our society,” Gerhardstein’s firm explained in a statement. “Birth certificates tell the child, ‘these adults are your parents,’ and tell the community that these adults and children are a family. Medical care, access to schools, travel and release of information are all easily accomplished with birth certificates and are constantly burdened without accurate birth certificates. Forcing families to accept incorrect birth certificates imposes life-long harms and is a direct attack on family dignity.”

Although opponents of LGBT rights contend that allowing same-sex couples to adopt could hurt children, the research suggests otherwise.

A Boston University meta-analysis released in March found “children's well-being is affected much more by their relationships with their parents, their parents sense of competence and security, and the presence of social and economic support for the family than by the gender or the sexual orientation of their parents.” Possibly harmful factors found in the study instead include widespread discrimination and the parents’ limited rights, neither of which can be blamed on same-sex couples. 

The complaint filed Monday comes on the heels of recent rulings that advanced same-sex rights in Ohio and across the country.


U.S. District Court Judge Timothy Black on Dec. 23 cited constitutional grounds to force state officials to recognize same-sex marriages on death certificates. That case came about after a same-sex couple in Cincinnati filed for recognition. The Republican-controlled state government, defended by Attorney General Mike DeWine, is appealing the ruling.

That ruling followed a June 26 decision from the U.S. Supreme Court that effectively struck down the federal Defense of Marriage Act and requires the federal government to recognize some same-sex marriages.

In enforcing the ruling, President Barack Obama’s administration on Monday plans to grant sweeping equal protections to married same-sex couples around the country, even those who reside in states where same-sex marriage remains illegal. The Justice Department’s decision applies to courthouse proceedings, prison visits and the compensation of public safety officers’ surviving spouses, among other areas. 

At the state level, FreedomOhio is working to get same-sex marriage on the ballot this year. The campaign is facing some resistance from other LGBT groups, but FreedomOhio says it already has the petition signatures required to put the issue to a vote in November.

The full complaint:


 
 
 
 
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