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Pavan v. Smith

United States Supreme Court

137 S. Ct. 2075 (2017)

Relevant factsFree

Married same-sex couple Terrah and Marisa Pavan (plaintiffs) conceived a child through anonymous sperm donation, but Arkansas's birth-certificate law, which automatically lists a married woman's husband as father regardless of biological connection (including in cases of anonymous donor conception), led the state to list only birth mother Terrah on the certificate, omitting Marisa; the Pavans sued, arguing this violated Obergefell v. Hodges' guarantee of equal marriage rights, but the Arkansas Supreme Court upheld the law, prompting Supreme Court review.

IssueFree

Whether the Constitution entitles same-sex couples to civil marriage on the same terms and conditions as opposite-sex couples, including with respect to birth-certificate parentage listings.

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