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On February 26, 2018, the Supreme Court of the United States denied certiorari review from the Supreme Court of the State of Arizona’s case of McLaughlin v. McLaughlin. This denial leaves in place the Arizona’s Supreme Court ruling that the marital paternity presumption of parentage must be in line with the Fourteenth Amendment’s equal protection of the law. This denial is in line with the Unites States Supreme Court precedent established under Obergefell v. Hodges, which held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

McLaughlin v. McLaughlin reviewed Arizona’s marital presumption statute that stated, “a man is presumed to be a legal parent if his wife gives birth to a child during the marriage”. (A.R.S. §25-814(A)(1).)

This is significant as it is the highest court ruling on the issue of statutes that expressly address parties to a case as “Father”, “Mother”, “Woman”, and “Man” are to be applied equally under the law to same-sex couples. While this denial of certiorari may seem insignificant in terms the overall legal precedent it establishes, it should be noted as solidifying recognition of same-sex couples’ fundamental rights and the inability of litigants to undermine the fundamental rights of same-sex coupled parents based on a technicality in the law.

Hyper link for McLaughlin v. McLaughlin


Hyper link for Obergefell v. Hodges


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