LITTLE ROCK — For the first time, Arkansas issued amended birth certificates Wednesday to some same-sex couples, with both spouses listed as parents on each certificate.

LITTLE ROCK — For the first time, Arkansas issued amended birth certificates Wednesday to some same-sex couples, with both spouses listed as parents on each certificate.


The amended certificates were issued to couples who sued the state over the issue and won. Also Wednesday, the state filed notice that it is appealing the judges’ ruling in the case to the state Supreme Court and asked the Supreme Court to stay the ruling as it applies to anyone other than the three lesbian couples who filed the suit.


Pulaski County Circuit Judge Tim Fox said in a written ruling Tuesday that the U.S. Supreme Court’s June ruling that made same-sex marriage legal nationwide also entitles same-sex parents in Arkansas to have their names appear on their children’s birth certificates.


Same-sex couples not involved in the suit who asked the Arkansas Department of Health on Wednesday to amend their children’s birth certificates were asked to leave their information with the agency but were not immediately issued amended certificates. Health Department spokeswoman Meg Mirivel said the agency is "working closely with the A.G. to determine what the best course of action is."


The state attorney general’s office, which is representing the state in the suit, asked the state Supreme Court on Wednesday to issue an emergency stay. The petition says the state is not seeking to stay or appeal Fox’s ruling as it applies to the plaintiffs, but it argues that the ruling should be stayed because it is erroneous and overly broad.


The petition argues that Fox erred in finding that the U.S. Supreme Court’s ruling required states to list same-sex partners as parents on birth certificates. The state also maintains that that Fox erroneously struck two provisions from Arkansas law that govern who appears on the birth certificate of a child in Arkansas.


"Without these provisions (or some variation), there is potentially no statutory authority for ADH to list any person as a parent on an original birth certificate of a child born in Arkansas," the petition argues.


The ruling will cause "confusion, uncertainty and irreparable harm" if it is not stayed, according to the state’s filing.


Asked about his position Wednesday, Gov. Asa Hutchinson said the state is complying with the ruling in regard to the plaintiffs but said that "there’s a broader of issue of how we handle all the complicated issues in a day and time when every biological parent is not always the ones reflected on a birth certificate."


"I think the concern of the lawyers at the attorney general’s office and the Department of Health is that the decision was over-broad, and that we want in this very important decision to have the Supreme Court of Arkansas address the issue and affirmatively give direction," he said.


Hutchinson also said legislative action will be required to change state laws governing birth certificates and said Fox recognized that fact in his ruling.


Cheryl Maples, attorney for the plaintiffs, said Wednesday the state is "refusing to comply with the court’s order" in not issuing amended birth certificates to all same-sex couples who request them.


Maples said the Health Department should have begun addressing the issue after Pulaski County Judge Chris Piazza struck down Arkansas’ ban on gay marriage in May 2014. That ruling was in effect for a week and then stayed by the Arkansas Supreme Court until the U.S. Supreme Court’s ruling this summer.


"They had over a year to put together their policies, procedures and rules and get the Legislature to help," she said. "They just sat on it and did nothing, and now they’re refusing to comply with an order of the court."


Maples said being listed as a parent on a birth certificate is critical when it comes to issues such as obtaining medical care and establishing legal parenthood when one parent dies. She said she was not surprised the state filed notice of appeal.


"Now they’re trying to deny the privileges of marriage since they can’t deny marriage (to gays) anymore," she said.