Same-sex couples are suing the state of Indiana for not including both partners' names on their children'sbirth certificates. The case appeared before the Seventh Circuit Court of Appeals, where possible Trump SCOTUS nomineeJudge Diane Sykesmade some no-nonsense, scientifically factual remarks.
And naturally, people were offended.
Lesbian couple Ashlee and Ruby Henderson of Lafayette, Ind.,launchedthe suit in 2015 and were later joined by eight other same-sex couples, including Lisa and Jackie Phillips-Stackman of Indianapolis. They are challenging the states Parenthood Status policy, which requires that a parent have either a biological relationship to a child or go through a formal adoption process in order for their name to appear on that childs birth certificate.
Judge Diane Sykes
A federal court in Indiana has already ruled in favor of the couples. Citing the landmark Supreme Court case Obergefell v. Hodges, the court held the Indiana statute created an unequal condition for same-sex couples who have children through sperm donation, like the Phillips-Stackmans.
In oral arguments on Monday, Judge Sykes dared to state the obvious: that a child can only biologically have one mother and one father.
You cant overcome biology," she said. "If the state defines parenthood by virtue of biology, no argument under the Equal Protection Clause...can overcome that. She went on to say that any redefinition of parenthood was a policy question for the legislature to take up and not the courts.
Yesterday, the Indianapolis Star thought Judge Sykes basic understanding of the separation of powers and how babies are made was worthy of a headline. National outlets likeUSA today and an LGBT rights website followed suit.
You can listen to the entirety of the oral arguments here.
The rest is here:
Judge Tells Same-Sex Couples: 'You Can't Change Biology' - MRCTV (blog)
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