SALT LAKE CITY — The state of Utah will not appeal a federal judge’s ruling that ordered the health department to put a same-sex couple’s names on their child’s birth certificate.
A spokeswoman for Utah Attorney General Sean Reyes told FOX 13 the office has elected not to appeal the preliminary injunction to the 10th U.S. Circuit Court in Denver. Kami and Angie Roe sued the Utah Department of Health after the agency refused to put their names on their daughter’s birth certificate. The couple married after Utah’s ban on same-sex marriage was overturned.
The agency cited state law, vital statistics and legal obligations as reasons why a same-sex couple could not be listed. However, U.S. District Court Judge Dee Benson ruled that the U.S. Supreme Court’s recent decision to legalize same-sex marriage nationwide meant the state must change its laws.
The decision means the Utah Department of Health is expected to put same-sex couples on the birth certificates of children born through the assistance of a sperm donor. State laws are different regarding the use of a surrogate.
“We are thrilled for Angie and Kami, who have additional clarity and can continue to move forward with their lives together as a family,” said John Mejia, the ACLU of Utah’s legal director, was among the attorneys representing the Roes.
It is unknown if the state will appeal if the judge makes the injunction permanent.
