Emilia Maria Jesty, first baby born in Tennessee with a woman listed as father

A baby in Tennessee has made history by being the first child born in the state with a biological female listed as the baby’s father.

The marital status of Emilia Maria Jesty’s parents have been wrangled in court hearings up until the week of her birth.

“Valeria Tanco and Sophy Jesty were wed in New York, a state that recognizes gay marriage, and moved to Tennessee, which does not,” notes Chicago Tribune coverage on Wednesday.

This issue is just one of several which have resulted in lawsuits to expand gay-marriage rights following a major U.S. Supreme Court decision last June allowing federal tax and other benefits for same-sex married couples – even if they now live in a state where that marriage is not recognized.

So far, the eight federal judges who have ruled citing Windsor have sided with the same-sex couples, saying the states may not treat same-sex couples differently from opposite-sex ones.

All of those cases are on appeal.

On Thursday, the 10th U.S. Circuit Court of Appeals will begin hearing cases involving Utah and Oklahoma. In May, the 4th Circuit will hear a dispute from Virginia.

As Tanco approached her due date, a Nashville federal judge in mid-March issued a preliminary injunction forcing Tennessee to honor their marriage.

The state appealed to the 6th Circuit.

It is possible a ruling against the couple could void Emilia’s birth certificate and require that it be reissued with only Tanco listed.

photo Pawel Loj