SUPREME COURT: Ruling In Birth Certificate Lawsuit

Posted on: 12:16 pm, May 3, 2013, by , updated on: 12:19pm, May 3, 2013

Des Moines capitol buildings

The Iowa Supreme Court says the state Health Department must list the names of both spouses in a same-sex relationship on a child’s birth certificate.

The court released its ruling Friday morning. The department must include the name of the non-birthing spouse in a lesbian marriage.

Justices say that the state law violated the equal protection clause in the state constitution.

The ruling is a victory for Heather and Melissa Gartner of Des Moines, who sued after the department listed only Heather as a parent of their daughter on the girl’s birth certificate in 2009.

The couple married after the Iowa Supreme Court ruling clearing the way for same sex marriage in 2009, but before the child’s birth.