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Woman argues law must recognize biological difference of genders

The legal recognition of same-sex marriages throughout the country now entitles couples in such relationships in Los Angeles to the same rights and privileges afforded to married heterosexual couples. Yet with these new rights also comes the obligation to adhere to the same laws applicable to heterosexual couples when they divorce. Given that same-sex marriage is a relatively new issue, few states have laws specific to the dissolution of such unions. This can create a fair amount of legal confusion when same-sex marriages do end. 

This fact is on full display in the case of an Arizona woman. She and her partner married in California in 2008, after which they relocated to Arizona. She then became pregnant via artificial insemination in 2010 and subsequently had a son. The couple then separated two years later. Now, she is arguing against her former spouse having shared custody of the boy. The ex-spouse's claim to custody comes from an Arizona law that a child born to a woman within 10 months of her marrying is presumed to be biologically related to the father. The woman's attorney, however, while acknowledging that the law views all marriages as being equal, cites the fact that it is impossible for the boy to be the biological child of the ex-spouse, and that the law must recognize the biological differences between men and women. 

That argument was recently made before the U.S. Supreme Court, which rejected it without explanation. If anything, this may show that the future of same-sex divorce is all but guaranteed to produce cases such as this. With the literal interpretation of the law potentially being at odds with the actual circumstances of cases, confusion is bound to ensue. Those facing such scenarios may be wise to secure the services of a capable attorney. 

Source: "U.S. Supreme Court rejects Tucson woman's argument in gay marriage, child custody matter" Fischer, Howard, Feb. 26, 2018

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