A Birth Certificate is a Person’s First Possession

A recent controversy over birth certificates in Arkansas demonstrates that these slips of paper are imbued with political and social meaning. In 2015, a married couple, Marisa and Terrah Pavan, had their first child, who was conceived through sperm donation. The Arkansas Department of Health, or ADH, listed only Terrah, who gave birth to their daughter, on the baby’s birth certificate. This was contrary to state law, under which the spouse of the birth mother also is automatically listed.

The case went to the Supreme Court, which ruled that same-sex couples must receive the same legal treatment as different-sex ones. When an Arkansas circuit-court judge later ruled that the ADH must comply, this triggered a brief crisis Friday. Until the state ended its practice, now considered discriminatory, no newborns were allowed to be issued birth certificates. The governor ordered the ADH to meet the Supreme Court standard. After a few hours, the agency relented. Both Pavans can now finally be named on their child’s birth certificate.

This may have been a news story for many outside Arkansas. But it’s only the latest example in a long history