By Howard Fischer | Capitol Media Services via Arizona Daily Star
The same-sex spouse of a birth mother is entitled to the same legal parental presumptions and rights as if she were a man, the Arizona Court of Appeals ruled Tuesday.
In the first case of its kind in Arizona, the judges rejected the arguments by the biological mother of a child that the Arizona laws determining who is legally presumed the parent of a child only apply when that other person is a male. That, however, undermines the historic 2014 U.S. Supreme Court ruling that same-sex marriages are entitled to the same legal protections as traditional heterosexual unions, Appellate Judge Philip Espinosa said.
“This is an area of the law in Arizona where family law practitioners have desperately needed some guidance from the judiciary in the wake of U.S. v. Windsor. It has finally come and the outcome was predictable.
“The pendulum has definitely swung in the direction of affording same-sex couples the exact same rights as traditional couples whenever possible. I imagine this trend will continue into the foreseeable future in this state and in other states each time a court is afforded an opportunity.
~ Kaine Fisher
