Kimberly McLAUGHLIN, Petitioner,
v.
The Honorable Lori B. JONES, Judge Pro Tempore of the Superior Court of the State of Arizona, IN AND FOR The COUNTY OF PIMA, Respondent Judge,
Suzan McLaughlin, Real Party in Interest.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Barbara A. Atwood , Professor of Law Emerita, Director, Family and Juvenile Law Certificate Program, Paul D. Bennett , Clinical Professor and Director, Child and Family Law Clinic, Negar Katirai , Director, Community Law Group, and Jason Buckner , Natalie Cafasso , and Chris Lloyd , Rule 38(d) Certified Law Students, Child and Family Law Clinic, The University of Arizona, Tucson, for Amici Curiae Child and Family Law Clinic, The University of Arizona James E. Rogers College of Law.
Leslie Cooper , American Civil Liberties Union Foundation, New York, NY; and Kathleen E. Brody , American Civil Liberties Union Foundation of Arizona, Phoenix, Attorneys for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Arizona.
CHIEF JUSTICE BALES authored the opinion of the Court, in which JUSTICES BRUTINEL and TIMMER and JUDGE JONES joined. JUSTICE LOPEZ, joined by VICE CHIEF JUSTICE PELANDER, concurred. JUSTICE BOLICK concurred in part and dissented in part.
CHIEF JUSTICEBALES, opinion of the Court:
¶ 1 Under A.R.S. § 25-814(A)(1), a man is presumed to be a legal parent if his wife gives birth to a child during the marriage. We here consider whether this presumption applies to similarly situated women in same-sex marriages. Because couples in same-sex marriages are constitutionally entitled...
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