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to Section One | to Arts & Entertainment
posted Friday, October 23, 2015 - Volume 43 Issue 43
Utah settles lawsuit with Lesbian couple
OKs birth certificate with names of both as parents
Section One
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Utah settles lawsuit with Lesbian couple
OKs birth certificate with names of both as parents

by Mike Andrew - SGN Staff Writer

The state of Utah has agreed to settle a lawsuit brought by a Lesbian couple seeking to have both their names listed as the parents of their child.

In documents filed October 16, the ACLU of Utah and the Utah attorney general's office acknowledged that the couple - identified only as Kami and Angie Roe - have received a birth certificate including Angie as a parent of their daughter Lucy.

The joint stipulation could also apply to other same-sex couples in Utah.

The District Court ordered that 'if Defendants continue to enforce [Utah laws dealing with assisted reproduction], with respect to male spouses of women who give birth through assisted reproduction with donor sperm, they must also apply the statute equally to female spouses of women who give birth through assisted reproduction with donor sperm.'

The couple married after Utah's ban on same-sex marriage was overturned. Kami is the birth mother, but Angie said she went through exactly the same steps a man would if his wife used assisted reproductive services - a sperm donor, for example - including filling out the same paperwork.

The couple sued the state of Utah after the state health department refused to list Angie as a parent of their child.

At a hearing in July, U.S. District Court Judge Dee Benson cited the Supreme Court's ruling on same-sex marriage and said it appeared that Utah was discriminating against the Roe family.

At that time, the judge issued a preliminary injunction preventing Utah from discriminating against Lesbian couples when it comes to birth certificates. The October 16 settlement makes the judge's injunction permanent.

As a part of the settlement, the Utah attorney general's office said the state has agreed to pay the ACLU $24,302 in legal fees.

A similar lawsuit is pending in Florida, where the National Center for Lesbian Rights (NCLR) filed a motion on October 16 seeking the immediate listing of both parents on the birth certificates of children of same-sex couples.

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