Dr. Valeria Tanco and Dr. Sophy Jesty had more than a preliminary injunction that forced the state of Tennessee to recognize their out-of-state same-sex marriage last month. They also celebrated the birth of their first child, Emilia Maria Jesty, who in turn made history as the first child born in Tennessee to have two mothers listed on her birth certificate.
Married in New York in 2011, Tanco and Jesty were now live in Knoxville, where they teach at the University of Tennessee College of Veterinary Medicine.
Tennessee birth certificates are not gender neutral so Tanco, who gave birth to Emilia, is listed as the mother and Jesty is listed as the "father."
Last month, U.S. District Judge Aleta Trauger issued a preliminary injunction stopping Tennessee from enforcing the state laws that prohibit the recognition of their out-of-state marriages. This injunction only applied to the three same-sex couples named in the lawsuit and is only preliminary while their case makes it way through the federal court system.
The state has since appealed Trauger's injunction and requested a stay which was denied.
An appeal ruling against Jesty and Tanco could void Emilia’s birth certificate and require that it be reissued with only Tanco listed.