Late update: Since this story was published, the Florida Department of Health responded to TPM's request for comment with a copy of a motion it filed Thursday in a separate court case. In that case, Florida's same-sex marriage ban was thrown out. Florida is now asking the judge in that case whether the Supreme Court's same-sex marriage ruling in Obergefell v. Hodges compels the agency to change its rules regarding birth certificates, claiming that there is a conflict between the Supreme Court ruling and the Florida law requiring husbands of mothers to be named on birth certificates.
"The gender specific language of the statute appears to preclude married same-sex couples from being listed as parents on birth certificates," the motion said. It also noted noted that since 2010, the Department of Health allowed same-sex couples to obtain birth certificates for their adopted children with both their names as parents through a form granted by an adoption court.
"The Department will initiate rulemaking pursuant to chapter 120, Florida Statutes, to use the same form for children of same-sex couples, should the court find that outcome is compelled by Obergefell," it said.
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