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

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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