Iowa should treat all births equally

By The Des Moines Register

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In 2009, the Iowa Supreme Court made this state proud. It tackled head-on one of the key civil rights issues of our time, ruling that the state could not constitutionally block same-sex couples from marrying.

Now there are loose ends to tie up. Iowa courts should ensure that these married couples be given the same legal benefits as their heterosexual counterparts receive. That includes the right to be automatically listed on the birth certificates of their children.

Polk County District Judge Eliza Ovrom has heard arguments in the case of Melissa and Heather Gartner of Des Moines. After the couple wed, Heather gave birth to their daughter Mackenzie. The child's birth certificate lists only her as the mother. The Iowa Department of Public Health would not place the “name of a non-birthing lesbian spouse” on the document unless Melissa adopted the child.

The couple sued the state, arguing Iowa law specifies a child born to a married couple is considered the child of both spouses. The Gartners are married. They are parents of a baby. Officials should automatically place the names of both women on their child's birth certificate.

The state, however, argues the law does not allow that. The statute on vital records uses the terms “mother” and “father” numerous times, recognizing mothers are women and fathers are men. The lawyer for the state summarized the department's case in one sentence: “It is a biological impossibility for a woman to ever legally establish paternity of a child.”

It is, of course, also a “biological impossibility” for parents of an adopted child to establish paternity, but both are listed on the new birth certificate issued after adoption. In fact, that has long been how it works for gay couples who adopt, too. For years the state has replaced the titles of “mother” and “father” on the document with the title “parent” - but only if the child is adopted.

The Gartner family should not have to go through the trouble and expense of adopting their own daughter. The court should make clear all married couples are afforded the same rights and protections in this state, regardless of their sexual orientation.

That was, in fact, the point of the original lawsuit that led justices to clear the way for gay marriage. They were being denied benefits automatically granted to heterosexual, married couples.

Those days of denying rights to Iowans should be over.

Of course, Iowa legislators could clear up this matter by making some simple changes to existing law. They could remove references to “mother” and “father” and expressly recognize the roles of “co-parents” without identifying gender.

There's a risk in this approach: Some legislators would undoubtedly turn a simple issue of giving people equal rights into an ugly, public debate that makes Iowa look like a bigoted place.

This state has had enough of that the past few years. So it's up to the courts to again ensure equal treatment for all Iowans.

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