A ruling that upholds an Arkansas law that denies birth certificates for same-sex married couples has been appealed to the U.S. Supreme Court.

The Arkansas Supreme Court in December upheld the state law that requires the Department of Health to list the biological parents on a child's birth certificate, even if the child is subsequently adopted by a gay or lesbian couple. The law means that a lesbian mother's spouse is not listed on the birth certificate of their child.

The high court's decision overturned a lower court's finding that the law violated the constitutional due process rights of adoptive gay couples.

In their petition to the Supreme Court, lawyers for the plaintiffs argue that the law undermines the court's landmark 2015 decision in Obergefell, which found that gay couples have a constitutional right to marry.

“The issue is of critical importance to families across the country,” the petition reads in part. “Arkansas’s discriminatory Birth Certificate Law is far from an outlier. Many states have statutes that have not been updated to reflect the impact of Obergefell and thus continue to use gendered terms when directing the issuance of birth certificates to children born to married couples.”

The Obergefell decision singled out “birth and death certificates” as “aspects of marital status” that must be administered by states equality to married couples regardless of gender, the petition notes.

The lawyers argue that the law violates the 14th Amendment of the U.S. Constitution.