Smith v. Pavan (Majority, with Concurring and Dissenting)Annotate this Case
In Pavan v. Smith, 137 S. Ct. 2075 (2017), the United States Supreme Court held that Arkansas’s birth-certificate law, Ark. Code Ann. 20-18-401, is unconstitutional to the extent it treats similarly-situated same-sex couples differently from opposite-sex couples. The Court thus reversed the judgment of the Arkansas Supreme Court and remanded for further proceedings consistent with the opinion of the Court. The Arkansas Supreme Court reversed the order of the circuit court, which “impermissibly rewrote the statutory scheme” and remanded for entry of a final judgment consistent with the mandate of the United States Supreme Court. On remand, the circuit court should award such relief as necessary to ensure that same-sex spouses are afforded the same right as opposite-sex spouses to be listed on a child’s birth certificate in Arkansas, as required under Pavan v. Smith.