The couple married after Utah’s ban on same-sex marriage was overturned. Kami, who gave birth to their child named Lucy, said that her wife Angie Roe took the exact same steps as a man would have if his wife used assisted reproductive services. However, the Utah Department of Health refused to issue a birth certificate with both names on it.
“I’m just still trying to see if there’s any way you can, now that same-sex marriage is legal, tell me Utah has a rational basis in discriminating against this woman,” U.S. District Court Judge Dee Benson said
The couple said state officials told them that Angie must adopt the baby as a step-child. They found that process to be costly, invasive and unfair.
Now, three months later, Utah has agreed to pay the $24,000 in court fees after Benson decided that the two women were to be treated the same as a heterosexual couple conceiving through assisted reproduction.
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