Victory for the Gartners

Four years ago, the Iowa Supreme Court unanimously ruled in favor of marriage for gay and lesbian couples in the historic Varnum v. Brien case. Since then, approximately 6,000 same-sex couples have gotten married in the state.

We assume that marriage means marriage. But because of the so-called “Iowa anomaly,” this hasn’t necessarily been the case with Iowa. Under Iowa law, a child born to a married couple is presumed the legitimate child of both spouses. Iowa, however, was the only state that offered comprehensive relationship recognition for gay and lesbian couples but failed to respect the “parental presumption” in birth and death certificates of children. That is until today.

Today, we saw another unanimous decision from the Iowa Supreme Court in Gartner v. Newton, which ordered the Iowa Department of Public Health (IDPH) to provide an accurate two-parent birth certificate to all children born to lesbian married parents in Iowa. This is a huge victory, particularly for plaintiffs Heather and Melissa Gartner.  Their lawsuit, under the legal counsel of our friends at Lambda Legal, challenged the Iowa Department of Public Health’s refusal to issue an accurate birth certificate to Heather and Melissa's daughter, MacKenzie, who Heather gave birth to in 2009.

Heather and Melissa wanted what all parents want—a birth certificate that lists both parents and the legal recognition of both women as MacKenzie's parents. Because the children of same-sex parents should be treated the same as other children, Lambda Legal brought suit in May 2010.  The District Court ruled in favor of the family's petition to receive an accurate birth certificate that lists both mothers, but the Iowa Department of Public Health then appealed the decision all the way to the Iowa Supreme Court. The case was last heard in December 2012 in front of the Iowa Supreme Court. 

Today, we witnessed an extraordinary win for all Iowa families. This is a groundbreaking win for the Gartner family and for Lambda Legal, but also for all the families who will come after them that simply want to be recognized the same as anybody else. What the Iowa Department of Public Health has done to Iowa families like the Gartners is shameful. Iowa is a state that allows same-sex couples the freedom to marry, and the law as such must apply to all equally. The Iowa Supreme Court built upon its ruling in the Varnum v. Brien case, once again exhibiting integrity and fairness. 

Today, I am very proud to be an Iowan. But most of all, I’m proud to be a mother. And as a mother, I congratulate Heather and Melissa Gartner and I thank them for their journey; a journey that will have a lasting effect for all.