A birth certificate lawsuit in Iowa may be resolved, with a judge saying Monday that she will rule later on a lesbian couple's lawsuit seeking permission to have both their names on their daughter's birth certificate.
Heather Lynn Martin Gartner, 39, and Melissa McCoy Gartner, 41, of Des Moines, sued the Iowa Department of Public Health, The Des Moines Register reports.
They argue that the agency's 2009 decision to list only Heather as a parent deprives their daughter, Mackenzie, 2, of the protections and benefits of two legal parents being present from birth.
Heather is Mackenzie's biological mother and the sole parent listed on the birth certificate, despite the fact that Heather and Melissa were legally married in Polk County three months before Mackenzie's birth.
The pair’s attorney, Camilla Taylor, said during arguments Monday that the state lists married men on birth certificates.
This is done even when it's impossible for the men to be children's biological fathers, The Des Moines Register reports.
She also cited the Iowa Supreme Court case that struck down the state's 2009 same-sex marriage ban. The unanimous ruling cited constitutional rights to basic fairness and equal protection.
