Why Arkansas same-sex parents won't be listed on a child's birth certificate

Arkansas same-sex parents will not be listed on their children’s birth certificates, the state’s highest court ruled on Thursday. The decision has raised questions about equal protection, and the state may still change its approach.

The ruling by a four-member majority of the Arkansas Supreme Court determined that only biological parents can be listed on a child’s birth certificate. It overturns last year’s decision by a lower court that married same-sex couples could automatically have both spouses listed as parents. 

For the state Supreme Court, it’s simply a question of biology. At the same time, marriage allows different-sex couples to be listed as parents, and the US Supreme Court’s ruling on gay marriage may mean that now applies to same-sex couples too. And the debate is complicated by state laws that require parentage to be tracked.

“It is clear that including both married spouses’ names â€" regardless of whether they are same-sex or opposite sex â€" on a child’s birth certificate is exactly the kind of benefit of marriage that the U.S. Supreme Court ruled should be extended to same-sex couples,” Kate Oakley, senior legislative counsel for the Human Rights Campaign, said in a press release.

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That was the approach taken by Little Rock Circuit Judge Tim Fox in December 2015. Three same-sex couples brought a case arguing that the legalization of same-sex marriage gave same-sex parents the same rights to be identified as parents on their children’s birth certificates that different-sex parents already enjoyed. 

For parents, being named on a child’s birth certificate is important for all kinds of reasons, as LGBT news source The Advocate described. Without this legitimization, parents may struggle to put children on their health insurance or even pick them up from school.

When they won their suit, the three couples were granted the right to list the names of both partners on the birth certificates. But the state appealed the decision on the grounds that it was causing legal and logistical problems. Several days after the initial ruling, the Arkansas Supreme Court stayed the decision, preventing it from being extended to other couples.

One possible reason for the issues: birth certificates are woven into legislation and Health Board protocol in the state of Arkansas. Identifying biological parents is an “important governmental objective,” wrote Arkansas Supreme Court Associate Justice Josephine Linker Hart in the majority opinion, explaining that knowing who parents are allows the state to track public health trends and give children genetic information that they might need for medical reasons later on.

But different-sex Arkansas parents aren’t required to prove that they are the biological parents of the child, perhaps limiting the value of state tracking â€" and raising questions about unequal treatment of same-sex parents.

"There's no requirement that DNA be given or that there be a biological relationship to a child to get on a birth certificate for a father, for the non-birth parent," said Cheryl Maples, who sued on behalf of the three couples, the Associated Press reported.

“The inclusion of a parent's name on a child's birth certificate is a benefit associated with and flowing from marriage," wrote Arkansas Associate Justice Paul Danielson in the dissenting opinion.

The decision may have provided an impetus for the state to make some changes to the law.

“It is time to heed the call” to make changes heralded by decisions like Obergefell v. Hodges, which established the right to same-sex marriage, said Arkansas Chief Justice Howard Brill, according to NBC.

And though some state officials pronounced the state “gratified” that the court had chosen to uphold state law, they suggested that lawmakers might be willing to consider changes. Arkansas has so far been reluctant to amend its laws.

“If any changes are appropriate, it is the job of legislators to do so, not the circuit court,” said Judd Deere, a spokesman for Arkansas Attorney General Leslie Rutledge, AP reported.

As it stands, the ruling would require same-sex parents to obtain a court order if they want both spouses to be listed on a child’s birth certificate. Ms. Maples told AP that she has not yet decided whether to appeal to the US Supreme Court.

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Porn, Sex And Marriage: What's OK, And What Isn't? : NPR

Warning: Today's post deals with sexual content and may not be appropriate for all audiences.

Dear Sugar Radio is a weekly podcast from member station WBUR. Hosts Steve Almond and Cheryl Strayed offer "radical empathy" and advice on everything from relationships and parenthood to dealing with drug problems or anxiety.

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Today they're delving into the adult topics of pornography and masturbation. A man says he masturbates regularly while watching pornography but still maintains a healthy sexual relationship with his wife. But he is still "troubled" by the notion that the porn industry is exploitative of performers, and questions whether it is morally acceptable to fantasize about women other than his wife.

To help in their discussion of these topics, the Sugars are joined by Wendy Maltz, sex therapist and co-author of The Porn Trap.

Dear Sugars,

Is it bad to masturbate to online porn? I am a happily married man in my mid-50s, and have been married for 15 years to a wonderful woman. We have a satisfying sex life, having sex approximately once every week.

However, I go online to masturbate to porn about three times a week. I work from home and find that I become sexually turned on during the working day. I look at masturbation as a healthy release. Viewing online porn allows me to accomplish the "task" more quickly and get back to work.

That other purveyor of personal wisdom, Dr. Phil, advises that watching porn is an immoral betrayal of a marital partner and says the women in porn videos are likely to have been abused as children and are being exploited. I have a teenage daughter and avoid videos of young girls, preferring age-appropriate subjects in the so-called "mature" category. I also avoid watching porn up to 24 hours before I am likely to have a date with my wife in order to be able to enjoy and contribute to our sex together.

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My wife knows that I look at porn. While we don't discuss it, she doesn't feel that it is a betrayal of her. I look at viewing porn as an extension of masturbation, which I believe is healthy and a necessary release, one that is as private as going to the bathroom. If not for porn, I would still masturbate. I doubt Dr. Phil believes that masturbation is immoral. Is masturbating while fantasizing about someone besides my wife immoral? Assuming that online porn is the problem, is it possible that you can make distinctions?

I know that many of the women on porn sites are probably psychologically damaged in some way, and that the pornography industry may be contributing to that damage. On the other hand, is it possible that accepting money for video sex is not always exploitative? Is it possible that some of the women who perform in online sex videos do it out of a healthy appreciation of sex?

Signed,

Troubled by Porn

Steve Almond: I could have written this letter, and I felt a great sense of sympathy for this guy who's trying to figure out the same questions I struggle with when I bother to even struggle with them: Am I complicit in something that is very clearly against my moral code? In what ways? And what are my other alternatives?

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Follow the Sugars on Twitter @dearsugarradio.

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I think he is in a productive state of bewilderment, and I think most of the men of conscience who consume porn in one way or another are either suppressing this set of questions or are struggling with them. The porn industry is like football or like meat or like fossil fuels â€" it's essentially exploitative. But because I have a libido that operates differently than my wife's, I get horny and I want relief. I lament that I no longer sit there and do the imaginative work of masturbating without porn. There are a lot of people who aren't even grappling with the ways in which pornography is an ethical concern because, frankly, people don't want porn served with a side dish of ethics.

Wendy Maltz: I have a lot of respect for the man who wrote this letter. He's really thinking about his relationship to porn and trying to figure it out. He doesn't have the secrecy and shame element going on that a lot of people have with porn. But there's something happening â€" he's starting to question it. I can't say if his porn use in particular is a good thing or a bad thing. It's so personal. People have ask themselves, "What does porn mean to me? What is it doing to me? Where's it taking me?"

Cheryl Strayed: What do you mean when you say "Where's it taking me?" Do you mean to suggest that, in some ways, his porn use could be robbing his marriage of a sort of intimacy that it might have if he didn't use it?

Wendy: Porn is a very powerful product. It's like nothing we've ever seen before. There's a conditioning process associated with porn. It can become a stronger habit. Our sexual arousal response gets patterned to particular cues, and those cues can be the images in porn or they can be the smell of a lover's neck. Images are very powerful, so porn could be affecting the intimacy he has with his wife in ways he's not even aware of. He says porn is not an issue in his marriage, but he and his wife aren't really talking about its place in their relationship either.

Steve: There's a kind of "don't-ask-don't-tell" policy when it comes to porn in relationships. Pornography, predominantly for men, is a little secret cavern â€" it's a place we go, even if we're in happy, deeply communicative relationships, as it seems this guy is.

Cheryl: Part of my response to this letter is that there's nothing wrong. This guy wants to have an orgasm about four times a week. Presumably, if his wife wanted to have sex more, she would be making advances towards him. And he has a different sex drive than she does, and so he just takes care of himself. He doesn't need to tell his wife. There is such thing as privacy, even when you're married to somebody. Wendy, is this inherently a bad setup, or are you thinking, well clearly, because he's asking these questions, he's not entirely comfortable with it?

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Wendy: From a clinical perspective, we're not talking about someone who is disassociated or who uses porn in lieu of sex, but there's something going on for him â€" he signed his letter "Troubled by Porn." One of the things that I wonder about is, why does he use porn a lot while he's working? Is sexual release a way of dealing with stress for him? Maybe he's not feeling as productive or as recognized in his field as he'd like to be? Has porn become a way that he self-soothes? And if so, is that at the expense of learning other ways to take care of himself â€" reaching out to a real person or going for a run?

The other thing is his age. Being a man in his mid-50s, it can take a little longer to get sexually aroused. The erections aren't as firm. Sex can become a little bit more laborious in terms of functioning, but under usual circumstances, that's offset by really good communication with a partner you've been with for years.

Cheryl: Or by a sense of humor â€" that sex doesn't have to be a performance. It doesn't always have to equal orgasm. It's a sensual exchange of pleasure and communication.

Wendy: And there's this wonderful growth that a couple can have. I've been married for nearly 40 years now, but I had a rough beginning as a sexual person. I've now experienced what it's like to be in a long-term relationship where you don't have a heavy influence of porn and where you can really work with your partner and learn with your partner and grow with your partner sexually. I think a lot of couples are missing out on that growth.

Steve: Troubled by Porn, you've reached a moment where you have to ask yourself, "What is the meaning of porn for me? And if I'm unsettled, do I need to start having the difficult, but necessary, discussion with my wife to say, 'I feel greater desire and I want it to be toward you. I want to find a better balance between my porn use and our sex life together.' "

You can get more advice from the Sugars each week on >Dear Sugar Radio from WBUR. Listen to the full episode to hear more about how porn can affect relationships.

Have a question for the Sugars? Email dearsugarradio@gmail.com and it may be answered on a future episode.

You can also listen to Dear Sugar Radio on >iTunes, >Stitcher or your favorite podcast app.

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Post-Election, Survivors Of Assault Are Struggling To Have Sex Again

After the now infamous recording of President-elect Donald Trump bragging about grabbing women by the pussy came out, Anna*, 33, went to her Facebook page to share her story. In high school, she had been raped by her boyfriend, and in that moment, she wanted people to know.

“I didn’t say anyone’s name, I just said I had been raped and I was a domestic violence and sexual assault survivor, and why it bothered me so much what Trump had said,” Anna told The Huffington Post. “I said, this is not just locker room talk. This happens to people, and this happened to me.”

After posting, Anna felt great. She heard from several women who shared their own stories and she helped connect them to resources. But then her ex-boyfriend reached out, saying he was going to sue her ― at the the same moment Trump was threatening to sue his accusers. It was an unsettling parallel Anna could not quite wrap her head around, and she was anxious for the election to be over.

“I kept wanting to think that Trump wouldn’t get elected and our nation would say this kind of thing isn’t OK,” Anna said. Since Trump’s win, she has been in a tailspin. For a week-and-a-half, she couldn’t sleep. She still hasn’t really been able to be intimate with her husband.

“Since Trump’s comment, we’ve only had sex a couple of times,” she said, adding that she was going to meet with her doctor to talk about options. “I don’t want to feel this way.” 

I had gotten to a point where I had taken my own power back from my rapist, and this felt like the American people telling me, "No, no. He still has more power over you." Ali, 28

The 2016 presidential campaign was difficult for many women, especially those who felt triggered by Trump’s so-called “locker room talk,” and a string of allegations that he’d groped and kissed women without their consent. But Trump’s win, they say, is even more difficult ― not just a reminder of everything they’ve been through, but a minimizing of it. And it has left their sex lives in shambles.

“It resurfaced a lot of past trauma that I had experienced about seven years ago when I was sexually assaulted,” Ali, 28, told The Huffington Post. “I had gotten to a point where I had taken my own power back from my rapist, and this felt like the American people telling me, ‘No, no. He still has more power over you.’”

Prior to Trump’s win, Ali had sex with her husband every other day. Now, they’ve been having sex maybe once a week ― not nothing, but not the same. When they do have sex, Ali feels far less enthusiastic. 

“I’m just not as comfortable letting myself be sexual right now,” she said.

It is hardly a surprising reaction, says Wendy Maltz, a sex therapist and author of The Sexual Healing Journey: A Guide For Survivors Of Sexual Abuse.

“Here, we have a really unprecedented situation where a person who has been identified as a sexual perpetrator by many women has been elevated to the highest position in the country,” she said. “For many [people] who’ve been sexually abused, it’s a huge shock.”

Trump’s broader triggering effect has been well-documented. Soon after Trump’s “grab them by the pussy” tape came out, RAINN ― the sexual assault survivor nonprofit that runs the National Sexual Assault Hotline ― saw call traffic increase by 33 percent. At one point during the campaign, 3,000 therapists signed a “manifesto” detailing the psychological toll they believed Trump was taking on their patients, everything from anxiety and fear to shame, Politico reports. One therapist who works with survivors of domestic abuse and sexual assault told Slate she’d seen an uptick in patients calling for emergency counseling sessions, and experiencing flashbacks and an inability to go outside. 

When I look at Donald Trump, I have this visceral reaction where I look at him as someone who actually sexually assaulted me. Jamie*, 31

But it’s not just Trump’s behavior, Maltz said. It’s the feeling that many Americans simply didn’t care enough about their experiences to vote against a sexual aggressor that has made it so challenging for women to be intimate again, even with trusted partners. And Maltz points to research that has found that “institutional betrayal” ― the kind that happens when a student reports an assault and his or her university fails to provide backup ― can exacerbate trauma, leading to further anxiety, depression and sexual problems.

“Those results suggest that institutions ― or in this situation, the election ― has the power to cause additional harm to assault survivors in the form of sexual effects,” she said. Women can feel re-traumatized, Maltz added. They can project their feelings onto someone else, such as a partner or even Trump himself.

That’s exactly what is happening to Jamie*, 31, who was date raped when she was 16.

“When I look at Donald Trump, I have this visceral reaction where I look at him as someone who actually sexually assaulted me,” she said. “It has put me into this hole, where I don’t feel like I want to be intimate with my live-in boyfriend of four years.” They have not had sex since the election, and she has no sexual appetite right now.

Jamie understands, of course, that Trump did not actually assault her ― but she can’t shake the feeling that she has been violated in some way. 

“I’ve never experienced looking at a stranger and having that kind of reaction,” she said. Jamie is hopeful she and her boyfriend will resume their sex life soon, but the thought of seeing Trump’s face every day for four years worries her.

“I just feel like, ugh. Dirty. Muddy,” Jamie said. “I feel like I was victimized.”

* First names have been changed for privacy reasons. 

Suggest a correction

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Cherokee Nation Will Now Recognize Same-Sex Marriage

The Cherokee Nation will now recognize same-sex marriage, according to an opinion issued Friday by the tribe’s attorney general.

Todd Hembree, the tribe’s attorney general, wrote in his opinion:

The right to marry without the freedom to marry the person of one’s choice is no right at all. The history of perpetual partnerships and marriage among Cherokees supports the conclusion that Cherokee citizens have a fundamental right not only to choose a spouse but also, with mutual consent, to join together and form a household irrespective of sexual orientation.

The decision followed a request made by the tribe’s tax commissioner for an official opinion on the issue a few weeks ago.

“We were increasingly being contacted by departments in the Cherokee Nation on how to handle certain issues with same-sex marriage,” Chrissi Nimmo, assistant attorney general of the Cherokee Nation, told The Huffington Post on Friday.

Native American nations are governed by Congress, not the federal courts. So the 2015 Supreme Court decision to recognize gay marriage in all 50 states did not legally affect the Cherokee Nation, but Nimmo said the bulk of Friday’s decision was indeed informed by it.

Hembree’s decision was also influenced by historical Cherokee Nation sexuality narratives. He wrote in Friday’s decision:

Our oral history teaches us also that the Cherokee and Euro-American worldviews differed dramatically regarding appropriate gender roles, marriage, sexuality, and spiritual beliefs. Indeed, while the majority of Cherokees subscribed to the traditional gender roles, evidence suggests a tradition of homosexuality or alternative sexuality among a minority of Cherokees.

“It think it’s a really interesting part of the decision,” Nimmo told HuffPost. “Through historical research, we were able to identify research sources that indicate there was some type of historical recognition of homosexuality.”

Hembree’s opinion nullifies a law the tribe passed 12 years ago called the Cherokee Nation and Family Protection Act, which banned same-sex marriage among tribe members. 

Though same-sex marriage is still illegal in some Native American tribes, like the Navajo Nation, Nimmo believes most tribes don’t take a stance on it either way. 

“I think you will see a mixed reaction [to Friday’s decision] like you do in the American public at large,” Nimmo told HuffPost. “Without a doubt, there will be tribal members and officials who support this and are proud of this, and there will be others ... who don’t like it.”

The Cherokee Nation’s legal recognition of same-sex marriage will take effect immediately. Nimmo said Hembree’s decision is “binding and considered legally valid,” though it can be challenged by other Cherokee officials at any time.

“I don’t really know who would challenge it,” Nimmo added.

Supporters of the decision shared their excitement on social media:

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Post-Election, Survivors Of Assault Are Struggling To Have Sex Again

After the now infamous recording of President-elect Donald Trump bragging about grabbing women by the pussy came out, Anna*, 33, went to her Facebook page to share her story. In high school, she had been raped by her boyfriend, and in that moment, she wanted people to know.

“I didn’t say anyone’s name, I just said I had been raped and I was a domestic violence and sexual assault survivor, and why it bothered me so much what Trump had said,” Anna told The Huffington Post. “I said, this is not just locker room talk. This happens to people, and this happened to me.”

After posting, Anna felt great. She heard from several women who shared their own stories and she helped connect them to resources. But then her ex-boyfriend reached out, saying he was going to sue her ― at the the same moment Trump was threatening to sue his accusers. It was an unsettling parallel Anna could not quite wrap her head around, and she was anxious for the election to be over.

“I kept wanting to think that Trump wouldn’t get elected and our nation would say this kind of thing isn’t OK,” Anna said. Since Trump’s win, she has been in a tailspin. For a week-and-a-half, she couldn’t sleep. She still hasn’t really been able to be intimate with her husband.

“Since Trump’s comment, we’ve only had sex a couple of times,” she said, adding that she was going to meet with her doctor to talk about options. “I don’t want to feel this way.” 

I had gotten to a point where I had taken my own power back from my rapist, and this felt like the American people telling me, "No, no. He still has more power over you." Ali, 28

The 2016 presidential campaign was difficult for many women, especially those who felt triggered by Trump’s so-called “locker room talk,” and a string of allegations that he’d groped and kissed women without their consent. But Trump’s win, they say, is even more difficult ― not just a reminder of everything they’ve been through, but a minimizing of it. And it has left their sex lives in shambles.

“It resurfaced a lot of past trauma that I had experienced about seven years ago when I was sexually assaulted,” Ali, 28, told The Huffington Post. “I had gotten to a point where I had taken my own power back from my rapist, and this felt like the American people telling me, ‘No, no. He still has more power over you.’”

Prior to Trump’s win, Ali had sex with her husband every other day. Now, they’ve been having sex maybe once a week ― not nothing, but not the same. When they do have sex, Ali feels far less enthusiastic. 

“I’m just not as comfortable letting myself be sexual right now,” she said.

It is hardly a surprising reaction, says Wendy Maltz, a sex therapist and author of The Sexual Healing Journey: A Guide For Survivors Of Sexual Abuse.

“Here, we have a really unprecedented situation where a person who has been identified as a sexual perpetrator by many women has been elevated to the highest position in the country,” she said. “For many [people] who’ve been sexually abused, it’s a huge shock.”

Trump’s broader triggering effect has been well-documented. Soon after Trump’s “grab them by the pussy” tape came out, RAINN ― the sexual assault survivor nonprofit that runs the National Sexual Assault Hotline ― saw call traffic increase by 33 percent. At one point during the campaign, 3,000 therapists signed a “manifesto” detailing the psychological toll they believed Trump was taking on their patients, everything from anxiety and fear to shame, Politico reports. One therapist who works with survivors of domestic abuse and sexual assault told Slate she’d seen an uptick in patients calling for emergency counseling sessions, and experiencing flashbacks and an inability to go outside. 

When I look at Donald Trump, I have this visceral reaction where I look at him as someone who actually sexually assaulted me. Jamie*, 31

But it’s not just Trump’s behavior, Maltz said. It’s the feeling that many Americans simply didn’t care enough about their experiences to vote against a sexual aggressor that has made it so challenging for women to be intimate again, even with trusted partners. And Maltz points to research that has found that “institutional betrayal” ― the kind that happens when a student reports an assault and his or her university fails to provide backup ― can exacerbate trauma, leading to further anxiety, depression and sexual problems.

“Those results suggest that institutions ― or in this situation, the election ― has the power to cause additional harm to assault survivors in the form of sexual effects,” she said. Women can feel re-traumatized, Maltz added. They can project their feelings onto someone else, such as a partner or even Trump himself.

That’s exactly what is happening to Jamie*, 31, who was date raped when she was 16.

“When I look at Donald Trump, I have this visceral reaction where I look at him as someone who actually sexually assaulted me,” she said. “It has put me into this hole, where I don’t feel like I want to be intimate with my live-in boyfriend of four years.” They have not had sex since the election, and she has no sexual appetite right now.

Jamie understands, of course, that Trump did not actually assault her ― but she can’t shake the feeling that she has been violated in some way. 

“I’ve never experienced looking at a stranger and having that kind of reaction,” she said. Jamie is hopeful she and her boyfriend will resume their sex life soon, but the thought of seeing Trump’s face every day for four years worries her.

“I just feel like, ugh. Dirty. Muddy,” Jamie said. “I feel like I was victimized.”

* First names have been changed for privacy reasons. 

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