Heather Martin Gartner and Melissa Gartner, Individually and as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Department of Public Health
2013 Iowa Sup. LEXIS 49
| Iowa | 2013Background
- Gartner couple, Melissa and Heather, are a married lesbian couple seeking to have both named as parents on their child Mackenzie’s birth certificate.
- Mackenzie was born after the couple’s marriage, conceived by Heather via anonymous donor insemination.
- The Department of Public Health issued a birth certificate listing only Heather as a parent; Melissa’s name was omitted.
- Gartners challenged the Department’s denial, seeking a birth certificate listing both spouses as parents; the district court ordered issuance of a certificate naming Melissa.
- The district court stayed its ruling as to other birth certificates pending appeal; the Department appealed, and the Gartners cross-appealed on constitutional grounds.
- The Iowa Supreme Court held that Iowa Code section 144.13(2) is unconstitutional as applied to married lesbian couples but preserved its application to opposite-sex couples and remanded for issuance of a two-parent certificate for Mackenzie.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statutory interpretation of 144.13(2) | Gartners contend the statute should include both spouses in a lesbian marriage where one conceived during the marriage. | Department argues the statute only requires listing the husband in opposite-sex marriages. | Statutory interpretation cannot extend to include nonbirthing spouse. |
| Equal protection of Iowa Constitution | Excluding the nonbirthing lesbian spouse violates equal protection. | Classification is not sex- or orientation-based and may be justified under the statute. | Section 144.13(2) as applied to married lesbian couples violates equal protection. |
| Remedy and severability | Statutory scheme should be read to cover both spouses for all births within marriage. | Remedy might require striking or narrowing the statute. | Preserve the statute as to opposite-sex couples; apply it to lesbian couples; remand with instruction to issue two-parent birth certificates. |
Key Cases Cited
- Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009) (recognizes same-sex marriage rights and informs equal protection analysis)
- Schneckloth v. Marriage of Schneckloth, 320 N.W.2d 535 (Iowa 1982) (presumption of parentage; standards for rebutting presumption)
- Heath v. Heath, 222 Iowa 660 (Iowa 1936) (legitimacy policy and public policy supporting the presumption)
- NextEra Energy Res. LLC v. Iowa Utils. Bd., 815 N.W.2d 30 (Iowa 2012) (limits agency interpretive authority; standard of review)
- Renda v. Iowa Civil Rights Comm’n, 784 N.W.2d 8 (Iowa 2010) (limits deference to agency interpretations of statutes)