The Arizona Supreme Court on Tuesday
sided with the estranged wife of a gay woman seeking parental rights.
The case involves Kimberly and Suzan
McLaughlin, who had a son through artificial insemination while
married in 2011. The couple, who married in 2008 in California and
later moved to Tucson, had a legal agreement to shared parenting, but
Kimberley, the child's biological mother, opposed the arrangement
after the women separated. In seeking a divorce, Suzan asked for
Kimberly's attorney in June argued that
Suzan was not entitled to parental rights because an Arizona law that
presumes the husband in a marriage to be the parent of any child born
within 10 months of a marriage only applies to opposite-sex couples.
Writing for the majority, Chief Justice
Scott Bales said that a spouse's sex is irrelevant because the
Supreme Court in Obergefell ruled that gay and lesbian couples
are entitled to civil marriage “on the same terms and conditions as
“It would be inconsistent … to
conclude that same-sex couples can legally marry but states can deny
them the same benefits of marriage afforded opposite-sex couples,”
Bales also called on Arizona lawmakers
to repeal laws that discriminate against same-sex couples.