Smith v. Pavan

Summary

The court reversed the circuit court’s prior order because it improperly rewrote Arkansas statutes to address the constitutional defect in the State’s birth-certificate scheme. It remanded for entry of declaratory and injunctive relief ensuring that same-sex spouses receive the same right as opposite-sex spouses to be listed on a child’s birth certificate, consistent with the federal mandate. The court held that extending existing statutory benefits to same-sex spouses, rather than rewriting the statutes, was the proper approach.