Fox said the state’s argument that the statute was based solely on biology would be its “best argument on appeal.”
“I don’t see it framed that way, and if the high court does, then I’m going to get reversed. But I don’t see it that way. I see it as disparate treatment of same-sex couples,” Fox said.
Cheryl Maples, the attorney representing the couples, said in instances where heterosexual couples use fertility treatments that include sperm donations, the same requirements are not applied. She said sperm donation requires a waiving of parental rights by the donor and should be treated the same for heterosexual and same-sex parents.
Before the June U.S. Supreme Court ruling, Pulaski County Circuit Judge Chris Piazza had struck down Arkansas’ 2004 voter-approved same-sex marriage ban as unconstitutional. That ruling included an order that Maples said applied to the ability to list both parents on a birth certificate. The attorney general’s office said that order violated judicial rules.
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