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UPDATE: Arkansas Denies Same-Sex Parents Amended Birth Certificate Despite Ruling

File photo: Attorney Cheryl Maples.

A same-sex couple seeking to amend their child’s birth certificate to include the non-biological mother has been denied by the Arkansas Department of Health despite a judge’s order. Following Monday's request to change documentation the attorney general's office filed a request for a stay on Tuesday with a notification of intent to appeal.

Just hours after Pulaski County Circuit Court Judge Timothy Fox’s decision on Monday Marissa Pavan went with her spouse and attorney Cheryl Maples to the state’s vital records office.

“I really kind of thought everything was going kind of good because they got us in real quick and they took us to the director’s office,” said Pavan. “Then the air got let out of the balloon real quick. They said until there’s a written summary judgment about everything we’re just going to keep doing what we’ve been doing.”

Arkansas Department of Health spokeswoman Meg Mirivel said the attorney general's office requested a stay on its behalf. Republican Attorney General Leslie Rutledge told KUAR she intends to appeal pending a finalized, written decision by Pulaski County Circuit Judge Tim Fox. 

A lawsuit was brought by three same sex couples in June.

This article has been updated with information from the Dep. of Health and attorney general's office.

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