Nathaniel Smith, M.d., Mph

Summary

The dissent would affirm the circuit court's order granting relief to same-sex married couples seeking birth certificates listing both spouses. It reasons that the prior injunction already prohibited denying marriage-related benefits, that the United States Supreme Court's marriage decision expressly includes birth certificates among those benefits, and that criticism of the judiciary is protected speech. Chief Justice Brill and Justice Wood, concurring in part and dissenting in part, would require different dispositions concerning the statutory and constitutional issues, including remand based on changed facts and prudential mootness.