A Pulaski, Arkansas County Circuit Court Judge had ordered city officials to stop issuing birth certificates until proper procedures have been established to correct the unconstitutional process that was in action.  According to the US Supreme Court, Arkansas’s current issuing process discriminates against same sex couples. 

In the current procedure, parenthood is presumed for male-female couples, but not for same sex couples.  Arkansas has acted slowly to resolve the problem and instead, deferred the issue to the General Assembly to be fixed.  The issuance of certificates has been halted until an official procedural change is implemented.

Prior to the suggestion of mediation, a date of January 5^th had been set for the state to create an arrangement for same sex couples.  The state has now been ordered to participate in mediation, but that order was cancelled when a motion was filed with the court. 

According to the judge, “It has come to the attention of the court that the defendant has refused to mediate utilizing the mediation parameters and framework that this court has ordered.  Whether such refusal is based in good faith or is a further delaying tactic by the defendant is immaterial.  This case has been pending for over two years and it has been more than six months since the United States Supreme Court ruled the Arkansas statutory scheme unconstitutional.  There are citizens and residents of the State of Arkansas whose constitutional rights are being violated on a daily basis.  As the defendant is unwilling to mediate using the framework outlined by this court there is no need to further delay implementation of the United States Supreme Court's mandate".

It is estimated that the halt could affect at last 100 families per day.