239 So. 3d 1074
La. Ct. App.2018Background
- Chaisson and Nelson married in New York in 2011; Chaisson gave birth in Louisiana in 2014 via artificial insemination. The original birth certificate listed Chaisson as mother only.
- After Obergefell and a federal order recognizing same-sex marriages in Louisiana, Nelson applied (Feb. 13, 2017) to amend the child’s birth certificate; Vital Records issued an amended certificate adding Nelson as a parent.
- Chaisson filed for a writ of mandamus seeking to compel the State Registrar to restore the original birth certificate and strike the amendment.
- At the initial hearing the Registrar appeared through counsel; the trial court denied testimony, denied the writ, then granted Chaisson’s motion for new trial and allowed testimony at a second hearing.
- After testimony, the trial court again denied the mandamus; on appeal the Fourth Circuit affirmed, holding the administrative amendment was authorized by regulation and law and was applied equally to married couples regardless of sexual orientation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Registrar had legal authority to administratively amend the birth certificate | Chaisson: amendment was improper and discretionary; mandamus should restore original certificate | Registrar: regulation and La. law (presumption of spouse as parent) permit amendment based on marriage license | Held: Registrar had authority; evidence insufficient to require mandamus — amendment lawful |
| Whether procedure was applied equally to same‑sex married couples | Chaisson: Vital Records deviated from policy and gave disparate treatment to same‑sex couples; she did not consent | Registrar: policy treats married couples uniformly; Obergefell and Robicheaux require equal treatment | Held: No disparate treatment; procedure applied equally irrespective of sexual orientation |
| Whether alternative writ should have been made peremptory when Registrar did not personally appear at first hearing | Chaisson: Registrar’s failure to personally appear required making the alternative writ peremptory | Registrar: Properly appeared through counsel; not subpoenaed; court order didn’t compel personal testimony | Held: Any error was harmless—court granted new trial and allowed testimony; no reversible error |
Key Cases Cited
- Obergefell v. Hodges, [citation="135 S.Ct. 2584"] (U.S. 2015) (same‑sex couples have the right to marry and states must provide the same rights and benefits of marriage)
- Pavan v. Smith, [citation="137 S.Ct. 2075"] (U.S. 2017) (state may not withhold marriage‑linked parental recognition on birth certificates from same‑sex married couples)
- Grishman v. Smith, [citation="202 So.3d 1036"] (La. App. 4th Cir. 2016) (discussing standards for mandamus and related appellate review)