Fox said his ruling doesn’t resolve many of the legal issues the couples argued they and others would face if both spouses weren’t listed on the certificates. He said the only way to completely avoid those issues would be court-approved adoption or surrogacy contracts.
“The plaintiffs are constitutionally entitled to the declaration issued today by the court, but the only way for same-sex couples to foreclose potential future legal problems involving their minor children is the exact same way that opposite-sex couples, who are not both the biological parents of the minor child or children, must follow,” he wrote.
Last year, before the U.S. Supreme Court ruling, Pulaski County Circuit Judge Chris Piazza struck down Arkansas’ 2004 voter-approved same-sex marriage ban as unconstitutional. In denying the state’s motion for a stay, Fox cited the state Supreme Court’s months-long delay in issuing its opinion in the state’s appeal of Piazza’s decision.
The state Supreme Court dismissed the case hours after the U.S. Supreme Court ruling.
“Such delays provide a breeding ground for speculation of political intrigue or other illegitimate reasons for the delay — whether true or not,” Fox wrote.