Gay Pride

Kansas to list two same-sex parents on a birth certificate after an uproar from the state not up holding the supreme court ruling recognizing gay marriage; however they have said this ruling does not determine whether or not this will be an issue in the future. The two couples had children who were conceived via artificial insemination, and when the children were born, they had a hard time getting the state to list two mothers on the birth certificates. The state has determined that while both mothers can be listed on the birth certificate in these two cases, in the future, things will be determined on a case by case basis.

Same-Sex Marriage Ruling

The Supreme Court’s same-sex marriage ruling back in June has given same-sex couples the same rights that heterosexual couples have to legally marry in all 50 states. It has also given same-sex couples rights to benefits such as social security and others that married couples enjoy. However, this does not mean the road has been easy for these couples. The ruling is only a little over three months old, so it isn’t surprising that there have been some issues along the way. It will likely take a while for states that did not previously recognize same-sex marriages to adjust, and this is a perfect example of that. Still, it’s only a matter of time before these issues are brought to a bigger court, and it is likely the court will rule same-sex couples should be listed on the birth certificate if there is no dispute over who the parents are.

Kansas Statute

In 1968, the state of Kansas passed a law stating that parents of children who were born via artificial insemination were to be listed on the birth certificate, even when one of the parents was not biologically related to the child. As long as there is no dispute over parental rights, then there is no issue with the parents being listed. However, because the law was written over 40 years before same-sex marriage was legalized, it has been difficult for the state to decide whether or not this law applies to same-sex couples.

The Smiths

Casey and Jessica Smith reside in Lawrence, Kansas and they had a baby boy in September. They were married legally in California in 2013, but until the Supreme Court’s ruling, the marriage was not recognized in Kansas. Casey conceived the baby via artificial insemination with sperm from an anonymous donor. When the child was born, the hospital declined to list both parents on the birth certificate. They hired a lawyer, and the state ultimately agreed to list them both on the birth certificate.

Christa Gonser and Carrie Hunt

Christa Gonser and Carrie Hunt were married in Canada in 2007 and reside in Kansas City. Like the Smiths, a baby was conceived via artificial insemination. Hunt became pregnant and gave birth to twins at a Kansas City hospital in September. They also had a hard time getting the state to list them both on the birth certificate.

Case-by-Case Basis

The fact that the state made a point to say other cases would be determined in a case by case basis may mean the fight is far from over.

• Other couples in the same situation may face the same discrimination from hospitals and the state of Kansas until a law is passed giving same-sex couples the same rights as heterosexual couples that conceive a baby through artificial insemination.
• This may make same-sex couples hesitant to start a family when there is a chance of being discriminated against.

However, the lawyer who represented the Smith family said his clients were pleased and is hopeful this is a step in the right direction for same-sex couples throughout the state.