Tuesday, February 16, 2021

Change.org - Mandatory “husband” section?

The day your baby is born is supposed to be one of the happiest days of your life. But for some couples in Wisconsin, discriminatory forms get in the way. The birth certificate forms require you fill in the “husband” section. Petition starter Jennifer says this does not allow same-sex partners equal rights as straight couples. Jennifer wants the form switched from “husband” to say “parents.” Add your name now to help make sure birth certificates work for all families.

Change WI Birth Certificate Form/statute to parents vs. husband

5,203 have signed Jennifer E.’s petition. Let’s get to 7,500!

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Currently, the birth certificate forms to be initially filed after the birth of a child in the state of WI state "Husband" under section 3. This does not represent same-sex parents, and makes it extremely difficult for them to jump through additional hoops to change this on the birth certificate later. 

The supreme court ruled in 2017 "Pavan v. Smith", that same-sex spouses are to be allowed to have both individuals listed as parents on the birth certificate. This was after the US District Court in WI ruled in 2016 "Torres v. Seemeyer" the same.

Upon doing some research into the Wisconsin statutes (Specifically 891.40 (1) & (2)), the department was directed to "construe sub. (1) in gender-neutral terms. In particular, the word “husband" in sub. (1) should be construed to mean “spouse." Torres v. Seemeyer."

While same-sex couples currently have the opportunity to have both parents listed on the birth certificate, they are unable to do so immediately after the birth of the child, due to the form. They must jump through loopholes after the fact, to get both individuals listed properly.

This is absolutely unethical and unconstitutional, as it does not allow same-sex partners the same equal rights, as other parents, when giving birth to a child. We cannot stand, or allow this to continue, and must demand that a hearing, that changes 891.40 (1) & (2) to be gender neutral, as well as an immediate update to the birth certificate filing form, to be inclusive and equal for all families. 

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