A same-sex couple from Madison has filed a federal discrimination lawsuit because the state has failed to put both their names on their baby's birth certificate.
Chelsea and Jessamy Torres say the state's practice of listing opposite-sex parents on birth certificates, but not same-sex parents, is discriminatory.
WISC-TV reports the couple listed both their names on their son Asher's birth certificate after Chelsea gave birth March 15th. But, when the certificate arrived in the mail, the state had omitted Jessamy's name.
The Torres' lawsuit cites state law which says a birth mother's spouse is the presumed parent of a child born during the marriage. And that opposite sex couples who conceive with the help of a fertility clinic, like they did, are routinely given birth certificates. The couple was married in New York in 2012.
