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GARTNER v. IOWA DEPT. OF PUBLIC HEALTH

No. 12-0243.

830 N.W.2d 335 (2013)

Heather Martin GARTNER and Melissa Gartner, Individually and as Next Friends of MacKenzie Jean Gartner, a Minor Child, Appellees, v. IOWA DEPARTMENT OF PUBLIC HEALTH, Appellant.

Supreme Court of Iowa.

As Amended May 23, 2013.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Julie F. Pottorff , Deputy Attorney General, and Heather L. Adams , Assistant Attorney General, for appellant.

Camilla B. Taylor and Kenneth D. Upton, Jr. , Chicago, Illinois, and Sharon K. Malheiro of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for appellees.

Timm W. Reid , Des Moines, and Byron J. Babione , Scottsdale, Arizona, for amicus curiae Iowa Family Policy Center.

Lance W. Lange and Nicole N. Nayima of Faegre Baker Daniels LLP, Des Moines, and Michael A. Ponto , of Faegre Baker Daniels LLP, Minneapolis, Minnesota, for amicus curiae National Association of Social Workers, Iowa Chapter.

Amanda C. Goad , New York, New York, and Randall C. Wilson of ACLU of Iowa Foundation, Inc., Des Moines, for amici curiae American Civil Liberties Union Foundation and American Civil Liberties Union of Iowa.

Catherine C. Dietz-Kilen and Earl B. Kavanaugh of Harrison & Dietz-Kilen, P.L.C., Des Moines, and Shannon P. Minter , Catherine P. Sakimura , and Angela K. Perone , San Francisco, California, for amici curiae professors of law.

WIGGINS, Justice.

In this appeal, we must decide whether Iowa Code section 144.13(2) (2011) requires the Iowa Department of Public Health to list as a parent on a child's birth certificate the nonbirthing spouse in a lesbian marriage when the child was born to one of the spouses during the couple's marriage. The district court interpreted the statute to require the Department to issue a birth certificate listing the spouse as the child's parent. The district court...

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