![\"Scott](\"https:\/\/i2.wp.com\/www.towleroad.com\/wp-content\/uploads\/2017\/09\/bales.jpg?resize=480%2C640\")
<\/p>\nCiting SCOTUS \u2018Obergefell\u2019 Case, Arizona Supreme Court Rules That Parental Rights Extend to Gay Spouses<\/b><\/p>\n
<\/p>\n
The Arizona Supreme Court on Tuesday ruled that parental rights extend to gay<\/a> spouses, citing the U.S. Supreme Court\u2019s Obergefell<\/em>\u00a0marriage ruling.<\/p>\n Wrote The National Center for Lesbian Rights in a press release:<\/p>\n Today, the National Center for Lesbian Rights (NCLR) won the Arizona Supreme Court case,\u00a0McLaughlin v. McLaughlin<\/em>, which ruled that a woman<\/a> was the legal parent of the child she and her same-sex<\/a> spouse conceived through assisted reproduction during their marriage. As the Arizona Supreme Court recognized, the U.S. Supreme Court rulings in\u00a0Obergefell v. Hodges<\/em>\u00a0and\u00a0Pavan v. Smith<\/em>\u00a0require states to treat married same-sex<\/a> parents and married different-sex<\/a> parents equally under the law. The Arizona Supreme Court explained, \u201cIt would be inconsistent with\u00a0Obergefell<\/em>\u00a0to conclude that same-sex<\/a> couples<\/a> can legally marry but states can then deny them the same benefits of marriage afforded opposite-sex<\/a> couples<\/a>.\u201d<\/p>\n Suzan McLaughlin and Kimberly McLaughlin were a married lesbian<\/a> couple<\/a> who had a child in 2011 using an anonymous sperm donor. After separating in 2013, Kimberly stopped allowing Suzan to see their child, and Suzan filed a legal action to be recognized as a parent.\u00a0Both the Arizona Court of Appeals and the trial court held that Suzan should indeed be recognized as a legal parent to her child. NCLR and Arizona attorney Claudia Work represented Suzan.\u00a0Additionally, Professor Barbara Atwood and the Child and Family Law Clinic at the University of Arizona Rogers College of Law, as well as 23 Arizona family law attorneys and the ACLU and ACLU of Arizona, filed amicus briefs in support of Suzan.<\/p>\n \u00a0<\/strong>Since the 2015 U.S. Supreme Court marriage equality decision,\u00a0Obergefell v. Hodges<\/em>, numerous cases have recognized that married same-sex<\/a> parents and married different-sex<\/a> parents must be treated equally under the law. In June 2017, the U.S. Supreme Court held in\u00a0Pavan v. Smith<\/em>, another National Center for Lesbian Rights case, that\u00a0Obergefell\u00a0<\/em>required states to treat married same-sex<\/a> parents and married different-sex<\/a> parents equally. The Arizona Supreme Court\u2019s decision in\u00a0McLaughlin\u00a0<\/em>follows this settled law and should be instructive to other states across the country considering this issue.<\/p>\n Tucson.com adds<\/a>:<\/p>\n Chief Justice Scott Bales (pictured, above), writing for the majority, acknowledged that Arizona laws dealing with presumption of paternity use terms like \u201cfather,\u201d \u201che\u201d and \u201cman<\/a>.\u201d Those laws say the husband in a marriage is presumed to be the parent of any child born within 10 months of a marriage.<\/p>\n He also conceded that Tucsonan Suzan McLaughlin, who sued over parental rights, could not possibly be biologically related to the child born in 2010 to Kimberly McLaughlin, to whom she was legally married at the time.<\/p>\n But Bales said that\u2019s irrelevant after the 2015 U.S. Supreme Court ruling that states cannot limit marriage to one man<\/a> and one woman<\/a>. The U.S. high court said same-sex<\/a> couples<\/a> are entitled to civil marriage \u201con the same terms and conditions as opposite-sex<\/a> couples<\/a>.\u201d<\/p>\n The post Citing SCOTUS \u2018Obergefell\u2019 Case, Arizona Supreme Court Rules That Parental Rights Extend to Gay Spouses<\/a> appeared first on Towleroad<\/a>.<\/p>\n