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Court ruling validates rights in same-sex marriages, will have ripple effect

Posted by   /  September 19, 2017  /  No Comments

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By Howard Fischer, Capitol Media Services via Arizona Capitol Times

Saying all marriages are created equal, the Arizona Supreme Court ruled today that the spouse of a gay woman who has given birth is entitled to the same parental rights as if she had been a man.

Chief Justice Scott Bales, writing for the majority, acknowledged that Arizona laws dealing with presumption of paternity use terms like “father,” “he” and “man.” Those laws say the husband in a marriage is presumed to be the parent of any child born within 10 months of a marriage.

He conceded that Suzan McLaughlin could not possibly be biologically related to the child born in 2010 to Kimberly McLaughlin, to whom she was legally married at the time.

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