Gay Couple Sue to Get Both Names on Birth Certificate

LAFAYETTE, Ind. (AP) – A lawsuit claims Indiana's birth certificates discriminate against gay married couples and their children because they don't account for both spouses being the same gender.

The complaint filed Friday in federal court in Indianapolis challenges how state law defines born “in wedlock” and “out of wedlock,” saying it violates the equal protection and due process clauses of the 14th Amendment.

Ashlee and Ruby Henderson of Lafayette tell the Journal & Courier that when they asked to have both of their names on the birth certificate of their son who was born Dec. 22, the Tippecanoe County Health Department replied they could not under Indiana code. Ruby Henderson was listed as the mother.

A spokesman for the Indiana Attorney General's Office says it's reviewing the lawsuit.