Nathaniel Smith, M.d., Mph

Summary

Chief Justice Brill, concurring in part and dissenting in part, would affirm relief for married same-sex couples seeking birth certificates on the same basis as opposite-sex couples under the constitutional principles recognized in Obergefell. He would uphold the circuit court's refusal to define statutory terms or invalidate provisions affecting unmarried couples who later marry, reasoning that those matters require legislative and executive action. Justice Danielson, dissenting, would affirm the circuit court in full based on issue preclusion and the constitutional entitlement to equal marital benefits, while Justice Wood would reverse, vacate, and remand the constitutional challenges because changed facts and state practices made the case underdeveloped.