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When Nicole gives birth to their daughter in March, only she—not Cleo—will be listed on the girl’s birth certificate.(Heterosexual married couples who use an anonymous sperm donor, as Cleo and Nicole did, face no such penalty.) This means that should the worst happen—should Nicole have serious complications during labor that leave her incapacitated, or should she die during childbirth—Cleo has no legal right to their child.

After another minute passed with no further cries, the mood brightened.

Cleo turned to me and, in a hushed voice, asked, “Would you like some hot cocoa?

But it is children— children—that prompted Cleo and Nicole to file a lawsuit in the first place.

Their suit argues that “responsible procreation” ignores the fact that gays and lesbians have children too, through adoption or because one partner is a biological parent.

” The domesticity of the moment was an almost comical backdrop for two women who have been accused of trying to undermine the sanctity of the Texas family. Court of Appeals for the Fifth Circuit—the last stop before the Supreme Court—where oral arguments were heard this January.

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