Arkansas Court Blocks All New Birth Certificates Until State Complies With Order On Same-Sex Parents

CBS News reports:

An Arkansas judge on Friday blocked the state from issuing any birth certificates until officials are able to comply with a U.S. Supreme Court ruling that the state’s birth certificate law illegally favors heterosexual parents.

Pulaski County Circuit Judge Tim Fox on Friday set aside his orders requiring the state and three same-sex couples go into mediation on how to fix the state law to comply with the U.S. high court’s order. Attorney General Leslie Rutledge earlier this week asked the state Supreme Court to stay or lift Fox’s mediation order.

“This case has been pending for over two years and it has been more than six months since the United States Supreme Court ruled the Arkansas statutory scheme unconstitutional,” Fox wrote in his order. “There are citizens and residents of the state of Arkansas whose constitutional rights are being violated on a daily basis.”

  • Boreal

    This is how it should be done.

  • AmeriCanadian

    Uh oh. Timothy Fox is elected and not appointed, which means he may have just sealed his fate. Good for him though.

    • Leo

      He’s well aware. If you’re going to go down in a blaze of glory this is how you do it.

    • Publius

      I think the whole electing of judges thing is fucking weird. I see judges on my ballot and I just cringe. Judges should not have to worry about majoritarian temper tantrums when deciding what the law is and isn’t, what is constitutional and what isn’t.

      • AmeriCanadian

        Totally agree! But I don’t agree with lifetime appointments either. There has to be middle ground that’s fair and reasonable.

        • cowboyinbrla

          What many jurisdictions do is have judges appointed for a fixed term (say, four or six years), and towards the end of the term, there’s a retention election (no campaigning). People vote to either keep the judge or not. If they vote yes, he gets another term automatically. If they vote no, the appointing authority (like the governor) appoints a new judge to take the seat at the end of the term.

          It doesn’t solve all the problems, but when you don’t have two people running against each other, it cuts down a bit on the mudslinging.

          • Strepsi

            Judges should NEVER be elected. They are a profession –– a professional class of people trained to interpret and apply laws. A fixed term is fine, but it should be a professional association review or re-examination, neither political nor elected. Are we going to elect heart surgeons? Elect architects to design 100-story towers?

          • ChrisMorley

            In possibly a useful precedent, the UK’s judges are appointed on merit by an independent Judicial Commission. We believe it’s essential to keep politics out of the process.

          • cowboyinbrla

            Just curious (honestly) – who appoints the Judicial Commission? Or is it elected? Surely it’s not some self-perpetuating body (which itself has serious issues)?

          • ChrisMorley

            There are 15 Appointments Commissioners who are appointed after open competition in a transparent process.

            Members come from a wide background to ensure the Commission has a breadth of knowledge, expertise and independence.
            The Chairman of the Commission is a lay member.
            Of the 14 other Commissioners:
            6 must be judicial members (including 2 tribunal judges)
            2 must be professional members (each of which must hold a
            qualification listed below but must not hold the same qualification as each other*)
            5 must be lay members
            1 must be a non-legally qualified judicial member

            This composition is determined by the Judicial Appointments Commission Regulations 2013.


          • cowboyinbrla

            That still doesn’t answer the question, though: WHO does the appointing of the Commissioners? It describes the process, but since there’s an application process, someone has to make the decision of WHICH tribunal judges, which lay persons, etc. get the nod.

          • Xaca

            Judges should be term-limited, with a mandatory retirement age. As should Senators and Congresspersons.
            And executions for bribery and treason.

          • cowboyinbrla

            No, but we can choose which heart surgeon to go to, which is in a sense an election. We don’t get to choose which judge will handle a case for us.

            And like surgeons, we choose architects, which is also an election of sorts.

            Ultimately, someone has to make the choice as to who the judge will be. Some places elect them. Some places appoint them. There are advantages and disadvantages to both methods.

          • lymis

            In our area, the judges not only have to get a yes vote, but enough people have to actually vote for them to be retained. If everyone skips the whole section, they’re out.

          • cowboyinbrla

            I think that makes extra sense, lymis. I don’t think I would require a majority vote (since turnout is never that great) but I would say getting at least 25% of the registered voters ought to be a requirement (in addition to more yes’s than no’s.

        • Ben in Oakland


      • clay

        Nor fund-raising for election campaigns.

    • ChrisMorley

      He’s pretty safe as the federal district judge for Pulaski County which covers the state capital/university city of Little Rock.

      It’s pretty damn librul.

    • Hankie Gibson

      Pulaski County is way more progressive that the rest of the state!

  • Ray Page

    Eat that Kim Davis and Liberty Council.

  • Stogiebear

    If those babies don’t have their birth certificates how will Roy Moore know if they’ve aged out of his interest range?

    • ChrisInKansas

      He could always ask their moms if they’ve hit puberty yet.

      • AmeriCanadian

        What are the slogans?

        No rug, no plug.
        No carpet, no market.
        No fur, no sir.
        No bush, no push.
        No shag, no snag.
        No mat, no bat.
        No grass, no pass.

        I’m sure my list is not complete (nor original).

        • clay

          Well, there’s a reason for “Hollywood” waxing.

          • Marie

            Google is paying 97$ per hour,with weekly payouts.You can also avail this.
            On tuesday I got a great New Land Rover Range Rover from having earned $11752 this last four weeks..with-out any doubt it’s the most-comfortable job I have ever done .. It sounds unbelievable but you wont forgive yourself if you don’t check it
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          • Danielle

            Google is paying 97$ per hour,with weekly payouts.You can also avail this.
            On tuesday I got a great new Land Rover Range Rover from having earned $11752 this last four weeks..with-out any doubt it’s the most-comfortable job I have ever done .. It sounds unbelievable but you wont forgive yourself if you don’t check it
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        • Xaca

          Old enough to bleed, old enough to breed.

          • RoverSerton

            (Warning, this is sick!) Old enough to pee is old enough for me. (I warned you)

    • Boreal

      Once they’re out of the walker, they’re ready.

      • JT

        I hope they put a motor on that thing, just to be safe.

        • Ben in Oakland

          You mean a gun.

      • Reality.Bites

        The no-mobility device years are short in Alabama.

    • Trump will deport the babies before roy gets to them, after all they can’t prove they were born here.

  • m_lp_ql_m

    Arkansas? If only they could just block all new births.

    • Boreal


  • safari

    O/T: A thread about meeting Janet Porter

    • Cuberly Deux

      French and her hubby sure seem to be on a reputation rehabilitation jag. While I sometimes like what they say it shouldn’t distract from the fact that Nancy served as Palin’s ghost writer for years. Her and her hubby sure seemed to be totes cool with feeding off of the $$ and attention they got from backing right-wing nutcases. At least till it got outta control.

      They’re partially responsible for the likes of Donnie. They fed this nightmare for a long long time.

      • Librarykid

        That is just gross. Thank you for enlightening us.
        “They fed this nightmare for a long long time” and now it it is exploding like a shit volcano all over them, and everyone else, unfortunately.

    • William
    • nocadrummer
      • another_steve

        Remembering girlfriend.

        From her wiki site:

        “Despite her background in Christian fundamentalism, Tammy Faye became a gay icon after her parting from PTL, appearing in Gay Pride marches with such figures as Lady Bunny and Bruce Vilanch. Messner reached out to support gay Americans with HIV/AIDS when it was still a much feared and unknown disease. She was benevolently referred to as “the ultimate drag queen,” and said in her last interview with Larry King that, “When I went — when we lost everything, it was the gay people that came to my rescue, and I will always love them for that.””

        • nocadrummer

          Yes, she was. It’s a shame she was taken and some hateful folks were left behind instead.

          • ericxdc

            like her slop-bucket ex.

      • Reality.Bites

        Alex, I’ll take t-shirts Roy Moore can’t legally wear for 500.

    • Gustav2

      REPUBLICANS in Ohio raised money for attack ads against Janet Porter when she ran in a primary for the state legislature. She still hold a grudge and you have to pass HER purity test.

  • gaycuckhubby

    This is great. Force people to recognize the privilege of they have and force people to recognize what equality truely means and why it is important

  • bkmn

    Do the job you are fucking paid to do. It is simple.

  • Jonathan Smith
  • Ninja0980

    Good for him!

  • Scott Conrad

    The above picture is of Montana Attorney General Tim Fox, not the Kansas judge Tim Fox.

    • ChrisMorley

      Pulaski County Circuit Judge Tim Fox is shown in this file photo:
      At right, part of his injunction stopping Arkansas from issuing new birth

      The Judge Tim Fox of Pulaski County, Arkansas is the one we need.

      • Reality.Bites

        They named a whole county after a one-season doctor on Star Trek?

        • ChrisMorley

          Boringly, no.

          Arkansas Territory, 1819, two counties were divided into the five original Arkansas counties. Pulaski County was established at that time and named for Count Casimir Pulaski, a Polish nobleman who fought and died in 1779 in
          the Revolutionary War’s Battle of Savannah.

    • Scott Conrad

      Oops, Arkansas judge.

  • Joe in PA

    Why is this hard? Oh wait…Alabama Arkansas. ;(

  • Yalma Cuder-Zicci

    Another OT: Journalist who linked Ivanka Trump to Russian money launderers has been assassinated. She died in a car bombing in October, but they now have arrested 10 suspects.

  • JT

    Illegitimate children in Arkansas? Really?

    • Boreal

      That’s a myth paid for by George Soros and spread by libruls.

    • bsinps


  • Todd20036

    Arkansas? Maybe there is hope in some southern states.

  • gaycuckhubby

    Kind of related, they’re still six counties in Alabama who do not give out marriage license

  • Ben in Oakland

    They are only constitutional rights, not god given rights like guns.

  • ColdCountry

    Well, now…. That’s interesting.

  • Cuberly Deux

    Holy crap…Donnie is on tv ranting incoherently. He sounds like he’s coked up again.

    How many times did he refer to the wall? We want the wall, we’ll build the wall we need the wall, the wall is blah blah….OMFG!

    • Sam_Handwich

      he’s warming up for his rally tonight

    • That_Looks_Delicious

      I knew he was going to do something like that when I saw this morning that Ford is moving their electric car production to Mexico.

      • Gianni

        Perhaps he’s believing that a wall will keep Ford in with the rest of us.

  • Jim Maloney

    Please let us know how this turns out.

  • LeeCMH
    • Stephen Elliot Phillips

      I know exactly what she was feeling. I think a lot of us here know what she was feeling.
      This was just a routine day of me going into school. Many of us know what bigotry and blind hate is.

      • LeeCMH

        This picture illustrates the hatred and meanness along with the historical significance of the event.

        I selected this picture especially for the feelings it evokes. Especially feelings in those of us who had to endure the butt end of all that hatred.

        • Gianni

          Horrible to realize that hatred could be so blatant. Worse thing for me seeing that picture is that there were parents and other adults there giving the students actions legitimacy.

  • ChrisMorley

    Arkansas UPDATE

    Arkansas governor sets birth certificate changes; agency restarts issuing documents hours after judge’s halt

    ‘Gov. Asa Hutchinson has issued a directive ordering the Arkansas Department of Health to resume issuing birth certificates and to “allow female spouses of women who give birth to be listed” on them.
    The directive comes hours after a Pulaski County circuit judge ordered the state to halt issuing the certificates until its procedures — ruled to be illegal by the U.S. Supreme Court — can be brought up to Constitutional standards.

    Hutchinson’s directive📄 says the agency “must list the spouse of a woman who gives birth, regardless of the gender of the spouse, on their children’s birth
    certificates” unless specific exceptions apply.
    Meg Mirivel, a spokeswoman for the Health Department, said in a text around noon that the agency had begun issuing birth certificates again.
    It had ceased for a time after Judge Tim Fox issued the injunction📄 shortly before 8 a.m. Friday.

    Here’s the Judge’s order on birth certificate + governor’s directive issued hours later

    • Reality.Bites

      Interesting it could actually be done in hours the whole time

      • Gianni

        Things happen quickly when those in charge want them to. Apparently, it was just a stalling tactic until forced to obey.

    • SkokieGuy [ChicagoAdjacentGuy]

      And when a surrogate gives birth to a child that will have two men or two women as the parent is handled how?

      • ChrisMorley

        The google machine is a wonderful invention anyone can use.
        As a special bonus service from a British reader, try here:

        • SkokieGuy [ChicagoAdjacentGuy]

          Since the state wasn’t complying with the law, I was wondering how it will be enforced as the governor’s directive seems to only address a female spouse of the birth mother. But thank you for the international snark.

          • lymis

            Actually, it seems to say that the spouse of the birth mother will be listed, regardless of gender.

          • SkokieGuy [ChicagoAdjacentGuy]

            Agreed. But since we’re discussing same sex marriages, the directive seems to only cover women’s marriage. When its two men, do they list the birth mother and one father? That doesn’t seem right but can’t figure out how the directive addresses that.

          • LesbianTippingHabits

            Hypothetical situations can use time ineffectively. If there’s a real situation, the state will deal with that, and if someone doesn’t like how they do so, they can seek judicial review.

  • Jean-Marc in Canada

    O/T Today in “Bitch Please”….

  • Blake J Butler

    baby Huey isn’t even going to the civil rights museum.

  • lymis

    People have to get over the idea that a birth certificate is a state-issued DNA certification listing the biological egg and sperm providers.

    It’s a legal document stating who has parental rights over the kid at the time of their birth. That’s usually the same people who provided the DNA, but it isn’t always. That’s why the birth mother’s husband default’s to “father” on the things.

    • fuow

      Your common sense is showing, again.

    • Rob NYNY

      That’s right. The mother’s husband is very strongly presumed to be the father for purposes of the birth certificate, no matter who provided the spermatozoa. Adultery, in vitro fertilization, sperm donation, are all irrelevant for purposes of the birth certificate. My brother married a woman who was three months pregnant on the day that he met her. He’s on the birth certificate as the father of Junior.

      See for example Isaiah 9:6-7, which says that the Messiah will be of the House of David. Jesus, was of the House of David because his legal father, Joseph, was of the House of David. Luke 1:26. That was good enough to fulfill prophecy, even though (according to the Bible) Jesus’ real father was someone else. (Do deities have sperm?)

      If it’s good enough for the Christian god, it should be good enough for Arkansas.

  • That_Looks_Delicious
  • liondon#iamnotatraitor

    Activist judges rant….3…2…1.

    • SkokieGuy [ChicagoAdjacentGuy]

      Unelected in black robes. They always mention outfits…

  • Blake J Butler
  • Jon Doh

    Like they aren’t used to seeing the word Brother on the line labeled Father.

  • whollyfool
  • Kevin Andrews

    Birth Mother – Spouse
    Interested party
    Check if Donor Sperm { }
    Check if Donor Egg { }
    All parental rights and privileges of others null & void.
    No adoption required, at birth acceptance of Parental Responsibility.
    No other State involvement.

  • JWC

    This is moral ? To pit one side against another in a hostage situation?

  • Tempus Fuggit

    until officials are able to comply with a U.S. Supreme Court ruling

    It’s not a question of inability.

  • TheManicMechanic

    Sessie the Judicial Sea Monster will get right on that.

  • fuow