Married same-sex parents in Florida now have more family security, as the State has settled a suit brought against it by two couples denied accurate birth certificates for their children.
Florida has been one of the least friendly states for the rights of queer families, with a ban on adoption by lesbians and gay men that lasted until 2010 (and remained on the books, although not in force, until 2015). The state Bureau of Vital Statistics, however, continued to refuse to allow hospitals to list both same-sex parents on their children’s birth certificates. In 2015, two married same-sex couples, Debbie and Kari Chin and Yadira Arenas and Alma Vezquez, along with the with the Equality Florida Institute, became plaintiffs in a lawsuit seeking to change that. All were represented by the National Center for Lesbian Rights (NCLR) and Florida attorneys Mary Meeks and Elizabeth Schwartz. (One other couple, Cathy Pareto and Karla Arguello, had been plaintiffs, but completed confirmatory adoptions for their twins instead of waiting for the case to be decided.)
This week, the state reached a settlement with the plaintiffs. The Department of Vital Statistics agreed to treat same-sex spouses the same as different-sex spouses for purposes of birth certificates. It will issue corrected birth certificates to married same-sex couples at no charge, including couples who were legally married in any other state at the time their children were born in Florida. It will also pay some of the couples’ attorneys’ fees.
Hannah Willard, public policy director for Equality Florida, said in a statement, “The LGBTQ community can now celebrate a long-awaited victory. Married same-sex couples deserve to be treated fairly and equally before the law in all ways, including in the recognition of our families.”
NCLR Senior Staff Attorney Amy Whelan added, “Through the course of this lawsuit, Florida took important steps to protect same-sex couples and their families and we are very happy that the State has now fully resolved the case. Leaving children and families vulnerable in this way benefits no one and we hope other states will follow Florida’s example.”
Even though birth certificates are only one part of legally protecting our relationships to our children, they are an important one. As NCLR explained:
Not having an accurate birth certificate denies children with same-sex parents the dignity, security, support, and protections available upon birth to children of married different-sex parents. It also prevents parents from taking care of their children’s everyday needs like obtaining healthcare, making medical decisions, signing up for daycare, and enrolling in government programs and benefits.
Congratulations to the plaintiffs and their advocates for their efforts in advancing equality for our families.