Married Same-Sex Couples Argue Indiana Is Discriminating Against Them

An attorney for eight married same-sex couples argued that the state of Indiana is discriminating against them by not allowing both women to be listed on their children’s birth certificates.

A federal judge heard arguments over whether state law wrongly forces the woman who didn’t give birth to go through a costly adoption process to be legally recognized as the child’s parent. Lawyers for the state maintain the law is fair by allowing parental rights through either a biological relationship or an adoption.

The couples’ attorney says the state law is biased against the female couples she represents because both women aren’t recognized as parents like the husband would be in a heterosexual marriage.