Birth certificate battle headed to 7th Circuit

January 24, 2017

Indiana’s battle over who can be listed on a birth certificate is headed for another round with the state filing an appeal of a federal court’s ruling that allows non-birth mothers to be listed on their children’s birth certificates.

In June 2016, the U.S. District Court for the Southern District of Indiana overturned the state’s parenthood law that prohibited same-sex female couples from having both their names listed on their children’s birth certificates. Judge Tanya Walton Pratt held in Henderson et al. v. Adams, et al., 1:15-cv- 00220, that the statutes violated the Equal Protection and Due Process clauses of the 14th Amendment.

The state subsequently filed a Motion to Amend Judgement. However, early this month, the court issued a sharp denial of the request to modify and clarify the ruling.

Now the state has appealed to the 7th Circuit of Court of Appeals. The appellate court has set the briefing schedule with the state’s brief due by Feb. 23 and the plaintiffs’ brief due by March 27, 2017.





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