Saying it's only fair, an attorney for a gay woman who is getting divorced told the Arizona Supreme Court Tuesday that his client is entitled to the same rights of parenthood of a child born during the marriage as if she were a man.

Saying lawmakers wrote what they meant, the state Court of Appeals ruled Thursday that the same-sex spouse of a woman who gave birth to a child is not entitled to a presumption she is a parent.

The Arizona Supreme Court has agreed to review the case of a same-sex spouse who was granted parental rights over her ex-wife’s biological child.

Arizona’s lawmakers weren’t ready to consider legislation that would have let voters decide whether to outlaw discrimination against gays, leaders of gay rights groups say.