Iowa Lesbian Couple Wins Birth Certificate Lawsuit

A judge ruled in favor of a same-sex couple from Des Moines, Iowa, who sued the state when the Department of Public Health refused to put both of their names on their daughter's birth certificate in 2009, the Des Moines Register reported in a Jan. 4 article.

Polk County Judge Eliza Ovrom ordered the new birth certificate last week and said that Melissa Gartner, 41, and Heather Gartner, 40, had the same constitutional rights as heterosexual couples and both of their names should be on their daughter Mackenzie's birth certificate. Polk County includes Des Moines, Iowa's capital and major city.

"I was there when Mackenzie was born," Gartner told newspaper in November. "I cut her umbilical cord. And for them to say I'm not a legal parent? It just seems ridiculous."

The ruling criticizes state officials for not recognizing Iowa's laws after the Supreme Court ruled to legalize same-sex marriages in 2009.

Ovrom wrote that state officials must understand new laws brought on by the 2009 Pursuant to Varnum v. Brien case and give "full access to the institution of marriage."

"Pursuant to Varnum v. Brien, where a married woman gives birth to a baby conceived through use of an anonymous sperm donor, the Department of Public Health should place her same-sex spouse's name on the child's birth certificate without requiring the spouse to go through an adoption proceeding," Ovrom wrote. "Petitioners have proven the Department's actions are in violation of law and based on an erroneous interpretation of the law."

According to Iowa law, a woman's husband will legally be the child's father unless a court ruling overrides it. State lawyers say, however, that it in same-sex cases it is impossible to replace "husband" with "spouse." Varnum v. Brien was the case that ultimately resulted in Iowa becoming the only state outside of the Northeast to legalize same-sex marriage in 2009.

A spokeswoman for the health department said that they respect the judge's decision and will review the order. She also said that Director Mariannette Miller-Meeks will decide shortly to appeal the case.

Iowa is one of the few states that has legalized gay marriage. In 2003, the state provided benefits to same-sex partners of state employees and then legalized same-sex marriage in 2009. A Supreme Court ruling in 2008 legalized joint adoptions by gay couples. Additionally, both gay and heterosexual individuals are allowed to adopt.

The state has implemented anti-discrimination laws based on sexual orientation and gender identity since 2007. Iowa also has hate crime laws based on sexual orientation but not gender identity.