Des Moines Register

Heather (left) and Melissa Gartner, with daughter Mackenzie.

Mackenzie Gartner was born in September 2009 to Heather and Melissa Gartner, a lesbian couple who legally married in Iowa before she was born -- the couple conceived with the use of anonymous donor sperm.

After receiving a birth certificate that listed Heather as the only parent, the couple requested a corrected birth certificate listing both spouses.

But the Iowa's Department of Public Health denied the request on the ground that Melissa is not Mackenzie's genetic parent.

In May 2010, Lambda Legal filed suit on behalf of Mackenzie Gartner to require the Department of Public Health to list both spouses as parents on the birth certificate.

According to Lambda Legal, the Department of Health violated Iowa state law, which requires the state to issue a birth certificate to a child born to married parents listing both spouses as parents even when a mother's spouse has no genetic connection to the child.

In his 12-page ruling, Polk County District Judge Eliza Ovrom stopped short of declaring a constitutional right for same-sex parents to be named automatically on newborns’ birth certificates, but did fault faults state officials for failing to correctly interpret older Iowa laws in light of the April 2009 Iowa Supreme Court decision that legalized same-sex marriages.

State administrators are bound by the 2009 case to interpret laws in a way that gives “full access to the institution of marriage,” Ovrom wrote.

"The Department's refusal to place Melissa's name on the birth certificate frustrates the purpose of the law to recognize the legitimacy of a child born to a marriage, and to establish the parents' obligation to support the child..." the judge added.

"An accurate birth certificate is essential for a child's physical, financial, and emotional security," said Camilla Taylor, Marriage Project Director for Lambda Legal.

"Birth certificates document legal parentage, not biology. Children are entitled to accurate birth certificates so that their legal parents can enroll them in school, make medical decisions for them in an emergency, and ensure that they can benefit from an employer's health insurance plan, among many other reasons," Taylor said.

"We are thrilled that our daughter will now receive same respect and treatment that every other child born to married parents receives," said Heather Gartner. "Every child faces challenges in life, but being unfairly burdened by the state and deprived of the ability to show who her legal parents are should not be one of them."

Victoria Childress

Trina Vodraska and Janelle Sievers said they traveled from their home in Central Iowa to Victoria's Cake Cottage in Des Moines, to meet with owner Victoria Childress for a cake testing appointment, reported KCCI-TV.

"They came in and she introduced herself, and I said, 'Is this your sister?' (She said,) 'No, this is my partner.' I said, 'OK,' and I asked them to sit down and I said, 'We need to talk,'" said Childress, who runs her cake baking business from home.

"I said, 'I'll tell you, I'm a Christian, and I do have convictions.' And I said, 'I'm sorry to tell you, but I'm not going to be able to do your cake."

[...]

I didn't do the cake because of my convictions for their lifestyle. It is my right as a business owner. It is my right, and it's not to discriminate against them. It's not so much to do with them, it's to do with me and my walk with God and what I will answer to him for."

KCCI-TV

Vodraska said she felt the baker's response "was degrading."

"It was like she chastised us for wanting to do business with her," Vodraska said. "I know Jesus loves me. I didn't need her to tell me that. I didn't go there for that. I just wanted to go there for a cake."

Amanda Laurich, another local baker who owns and operates Three Chicks Bakery out of her Polk City home, told the station she believes the business shouldn't be a gay or straight issue.

KCCI contacted the same-sex couple, but neither woman wanted to talk on camera.

A statement from the couple said, in part, "Awareness of equality was our only goal in bringing this to light, it is not about cake or someone's right to refuse service to a customer. We are grateful for the outpouring of support we have received and hope that by stepping forward we have prevented someone else from experiencing the same type of bigotry."

Childress said it's her right as a business owner to deny anyone service and that she wasn't discriminating.

Liz Mathis

Democrats will maintain a 26-24 edge through the 2012 legislative session, reported the Des Moines Register.

Republicans had hoped for a 25-25 tie and the potential opportunity to move forward on now-gridlocked priorities, such as a move to begin the process to ban same-sex marriage in Iowa.

“I pledge to the voters of this district: I will go to the Capitol and fight for you every day. I will be your voice in the State Senate,” Mathis, a former television news anchor, said after her win Tuesday night.

Mathis received 56 percent of the vote, according to unofficial returns, in one of the most expensive races in the state's legislative history. Nearly $1 million was raised for the race as of last Friday.

Small business owner Cindy Golding, a Republican, received 44 percent, and third-party candidate Jon Tack received 1 percent.

The seat became open in September with the resignation of Democrat Swati Dandekar, whom Republican Gov. Terry Branstad appointed as a member the Iowa Utilities Board.

One Iowa Executive Director Troy Price:

"Tonight was a great victory for Iowans. Voters in this district clearly rejected the mean-spirited and misleading attacks of our opposition that we saw right up until the polls closed on election day, said Troy Price, Executive Director of One Iowa, in a statement.

"Instead, voters elected the candidate they felt would best move our state forward. We are so proud of our volunteers, staff, and supporters who helped make this victory possible. We know that Liz Mathis will be a great senator, and we look forward to working with her in the coming legislative session," said Price.

"The election is over, but the battle is far from over. Now, the focus turns to the coming legislative session where we fully expect the opponents of equality to redouble their efforts to take away the rights of loving, committed gay and lesbian couples.

"One Iowa will be there to stand up for marriage equality at every turn, and we are excited to work with the fair-minded Senate majority to ensure that freedom and equality remains in the heart of the heartland."

Gage Skidmore

Terry Branstad

“I think it’s inappropriate to try to link these two,” Branstad added, during his weekly press conference at the state capitol.

Branstad's comment was in response to a Des Moines Register reporter who, noting that Andrews' homicide might have been related to his sexual orientation, asked the Governor what he thought his role should be in controlling the substance and tone for the debate over LGBT rights, given the increasingly vitriolic rhetoric on the issue of same-sex marriage in Iowa.

“I think it’s inappropriate to try to link these two,” Branstad said.

“The fact of the matter is, we need to protect the health, safety and well-being of all the citizens, regardless – if somebody is murdered, it needs to be investigated and prosecuted and people held responsible for it.

"But I see no link whatsoever and I think it’s inappropriate to try to blame people that are not associated with having committed a crime. I think we need to focus on the people who committed the crime and they need to be brought to justice."

Des Moines Register

Andrews, a 19-year-old college student, was brutally beaten in the early morning hours on August 18, and whose attackers, according to witnesses, shouted anti-gay slurs and kicked him in the face.

He died on August 20 in the company of relatives and acquaintances after being removed from life support.

Homicide detectives for the Waterloo police department stressed to reporters that they think Andrews' beating was prompted after a long-running dispute, and not related to his actual or perceived sexual orientation.

His death has triggered an outcry from LGBTQ equality rights advocacy group One Iowa and other gay rights advocates around the nation.

The Register also noted that "gay marriage has been legal in Iowa since an Iowa Supreme Court ruling in 2009, but social conservatives continue to push the split-controlled Iowa Legislature for the right to vote to change the state constitution to ban same-sex marriage."

via: Facebook

Marcellus Andrews

Marcellus Richard Andrews died on Sunday in the company of relatives and acquaintances after being removed from life support.

Andrews, who was slated to start studying interior design at Hawkeye Community College, spent part of Thursday practicing with members of the Crusaders, a drill team sponsored by Union Missionary Baptist Church. He led the step team for the group, which was days away from competing in March Against Darkness.

Night found him at Nakita Wright's home on Cottage Street.

She said the problems started at about 12:45 a.m. Friday when she and Tudia Simpson, her cousin, went for a walk down the street. Andrews opted to stay behind, waiting on the enclosed porch, she said.

The two women hadn't made it as far as Adams Street a block away when they heard yelling back at the house. They ran back and found a truck stopped in the street, and the occupants were taunting Andrews, calling him "faggot" and "Mercedes," a feminization of his first name, Simpson said.

[...]

From there, the fight was on, with Nakita Wright and the others joining in, according to their account.

At some point during the scuffle, Nakita Wright felt her leg brush against something on the ground. She looked down and saw Andrews.

"I tried to help him up, and then this boy ran back and kicked him in his face," Nakita Wright said.

After the brawl ended, she tried helping Andrews to his feet. He appeared dazed. She grabbed one arm and coaxed him as she lifted. He pushed up with his other arm, but then gave up.

Full story: WCF Courier

Police and paramedics were called to the scene, and found Andrews with severe head trauma -- he was airlifted to a local hospital.

Authorities are investigating the assault, and so far no arrests have been made.

A memorial page on Facebook has been established in Andrews' memory.

Starting on August 9th, the tour will drive 1,3-5 miles and make its way through 47 of Iowa's 99 counties, ending in Ames, Iowa on August 12th.

The bus tour will be kicked off in Des Moines by the Faith Family Freedom Fund Chairman Connie Mackey, and will include participants such as Republican presidential candidates Tim Pawlenty and Rick Santorum. Republican candidate Michele Bachmann is also expected to participate over the four day tour. The presidential candidates will also be joined by U.S. Republican Representatives Steve King (R-Iowa) and Louie Gohmert (R-Texas).

Brian Brown, President of the National Organization for Marriage, an organization headquartered in New Jersey, emphasized the importance of the Iowa tour and its goal of putting a social conservative in the Oval Office, said:

"President Obama has done virtually everything in his power to undermine the institution of marriage, including refusing to defend the bi-partisan Defense of Marriage Act signed into law by President Clinton.

"NOM is committed to ensuring that the next President is a strong and committed supporter of traditional marriage and will commit his or her administration to vigorously defending marriage in the courts, Congress and in the court of public opinion. We were the largest contributor to the effort to unseat the state judges who imposed same-sex marriage on Iowa by judicial fiat. We look forward to playing an extremely active role in encouraging the people of Iowa, including our tens of thousands of supporters, to make a difference in selecting an unambiguously pro-marriage candidate in Iowa."

Tony Perkins of the Washington D.C-based Family Research Council, a certified "hate group" as designated by the Southern Poverty Law Center, echoed Browns sentiments:

"Last November, the people of Iowa reclaimed their right to govern themselves by removing three activist judges from power. We were honored to play a part in that victory with our successful Judge Bus tour that traveled the state highlighting the issue.

"The Values Bus Tour will speak to the views held by millions of American voters who want to make sure that issues impacting the family and the broader culture are understood and addressed by each of the candidates. The race is clearly wide open. Values voters will be closely watching next week's events as they determine which of the candidates are willing to do what it takes once elected to restore fiscal sanity, protect marriage, safeguard religious liberty and protect the rights of the unborn,"

Recall, that in the effort to oust the three "activist" judges during the 2010 election, NOM and the FRC allied themselves with the social conservative organization The Family Leader and its CEO Bob Vander Platts.

This organization has come under fire nationally for its Marriage Vow presidential pledge; a pledge which both Bachmann and Santorum signed.

The pledge not only asserted (before retraction) that African-American children were better off in slavery than in modern America, but also that pornography should be outlawed, and that sexual orientation is a choice. Other Republican candidates, such as Gary Johnson and Mitt Romney, condemned the pledge, refusing to put their name on the document.

Kaufmann (left), and Vander Plaats

Vander Plaats' organization The Family Leader -- of which he is the CEO -- has come under criticism recently for its "Marriage Vow" pledge; a pledge which not only implied that African-American children were better off being in slavery, but also that homosexuality is both a choice and a health risk, and that pornography should be outlawed.

Though most of the Republican candidates quickly distanced themselves from The Family Leader and Vander Plaats, presidential contenders Michele Bachmann (R-Minn.) and former Republican Senator Rick Santorum quickly signed the pledge, even defending their signatures as the controversy regarding the pledge escalated.

Kaufmann, a former employee and organizer of Vander Plaats' failed gubernatorial campaign, told the Des Moines Register, "I’ve had it with their veiled threats toward people that won’t sign their pledges and do not vote the way they say.”

“I think Bob Vander Plaats is more about Bob Vander Plaats than pushing any kind of selfless agenda.” said Kauffman.

Kaufmann is not the only Iowa Republican that has distanced himself from The Family Leader's pledge. Republican Governor Terry Branstad, in an interview with Politico last Friday, called it "over the top" and that it contained "too much and too detailed and inappropriate language."

The full text of Kaufmann's email, sent to Vander Plaats, Danny Carroll and Chuck Hurley of The Family Leader, reads:

Bob, Danny, and Chuck:

Just when I thought Bob’s fibs on WHO wasn’t enough then your pledge and its ridiculous implications. Guys your integrity is in question and your political credibility is waning to the point of no impact. I suggest you take a page out of your speeches and reflect. I personally will be sharing my opinion with many. As for the House Republican caucus ... keep your primary threats to yourself ... you have to have respect to carry out a threat in this great state.

Disappointed and sad,

Jeff Kaufmann
Speaker Pro Tem, Iowa House

Bob Vander Plaats

In a short video clip released Tuesday by independent watch-dog group Think Progress, the homophobic president of the anti-gay, conservative christian group "The Family Leader" is seen erupting in laughter at after being told a joke about "fags."

During an event in Audubon, Iowa back in March, Bob Vander Plaats explained that many Iowans were concerned about the state becoming “the butt of jokes” in the aftermath of a state Supreme Court decision which found that a law prohibiting same-sex marriage was unconstitutional.

He was then interrupted by an attendee who recalled a joke his wife tells about the “fags” marrying in Iowa. Vander Plaats erupts in laughter:

ATTENDEE: You know what my wife says? She says: Iowa, the state where you can’t smoke a fag, but you can marry one.
[Laughter]
VANDER PLAATS: Oh shoot, that’s pretty good, that’s pretty good. Oh shoot.

Watch:

Through his organization, Vander Plaats -- a three-time failed Iowa gubernatorial candidate -- recently asked GOP prresidential candidates to sign a 14-point "marriage vow" that has stirred enormous controversy for its virulent ant-gay theme.

The pledge seeks to solidify the organization’s reputation as the state’s conservative moral authority, and it reiterates many of the group’s extreme social views and anti-gay rhetoric.

GOP hopefuls Michelle Bachmann and Rick Santorum, who were already on the record for their anti-gay views, have both signed the pledge, although more mainstream GOP contenders have steered clear of signing it. GOP operatives have stated that The Family Leader and its president may be too extreme for Iowa Republicans, alienating moderate and independent voters alike.

Vander Plaats ran the successful campaign to recall three Iowa state supreme court justices who had overturned Iowa’s ban on gay marrriage, and has sought to position himself as a gatekeeper to the conservative voters in the Iowa caucus process.

Vander Plaats’ reaction is not entirely surprising, since he has previously compared homosexuality to the cancerous effects of second-hand smoke, and links supporters to ex-gay repairative therapy.

Bob Vander Plaats

An Iowa-based Christian conservative group, The Family Leader, on Thursday unveiled a pledge asking Republican presidential candidates to be faithful to their spouses, and work tirelessly to oppose same-sex marriage.

The pledge, entitled "The Marriage Vow -- A Declaration of Dependence Upon Marriage and Family," includes 14 points, including:

• Vigorous opposition to any redefinition of the Institution of Marriage ... through statutory, bureaucratic, or court-imposed recognition of intimate unions which are .. same-sex.
• Earnest, bona fide legal advocacy for the Defense of Marriage Act (DOMA) at the federal and state levels.
• Steadfast embrace of a federal Marriage Amendment to the U.S. Constitution which protects the definition of marriage as between one man and one woman...
Full pledge here (PDF).

The pledge also states that homosexuality is both a choice and a health risk; the ninth point of the pledge calls for banning "all forms of pornography."

The Family Leader is a conservative traditional values organization headed by Iowa Republican homophobe Bob Vander Plaats, leader of the effort that resulted in the voter recall of three Iowa supreme court justices last November.

"We believe that the candidates' positions on core values, such as marriage, correlate directly to his/her moral stances on energy issues, sound budgeting policies, national defense, and economic policies," Vander Plaats said in a statement.

Vander Plaats says the vow of marriage fidelity doesn't apply to past behavior, but only looking forward. (So you're safe, Newt.)

In April, Vander Plaats called homosexuality “a public health risk” akin to "second-hand smoke."

He also wants the remaining four Iowa Supreme Court justices who ruled for marriage equality in 2009 to resign, and is calling for their impeachment if they do not.

Update: On Thursday evening, Michele Bachman became the first GOP presidential hopeful to sign the pledge. Story here.

You may remember Wahls, a 19-year-old University of Iowa student who gave an impassioned plea in support of marriage equality before Iowwa state legislators on Jan. 31.

His personal story of growing up with two mothers “lit up the internet” with more than 5 million views on YouTube.

In case you missed it, you can click here to watch Zach’s full speech from the Iowa public forum.

The four House resolutions target Supreme Court Chief Justice Mark Cady, and Justices Brent Appel, Daryl Hecht and David Wiggins for “malfeasance in office."

“While I agree with much of the reasoning behind the impeachment resolutions, I disagree with this remedy,” Paulsen (R-Hiawatha), said in a statement. “I do not expect it to be debated on the floor of the House, and if it is, I will vote no.”

Paulsen also said there will not be debate over the resolutions as they were sent to the House Judiciary Committee, reports the Des Moines Register. The committee has no scheduled sessions during the remainder of the legislative session.

Rep. Rich Anderson R-Clarinda, chairman of the Judiciary Committee, said he didn’t think the justices’ conduct met the standard spelled out in the Constitution for impeachment. The standard takes aim at “misdemeanor or malfeasance in office,” Anderson said.

“Rendering an opinion or resolving a dispute, which is what judges and justices are charged with doing, that is not misconduct or wrongful or unlawful,” Anderson explained. “As much as the sponsors of the resolution disagree with the opinion, I don’t think the legal standard is met.”

The four GOP lawmakers offering the resolutions were Reps. Tom Shaw of Laurens, Dwayne Alons of Hull, Betty De Boef of What Cheer, Glen Massie of Des Moines and Kim Pearson of Pleasant Hill.

The four backers contended that the court, participating in a unanimous 2009 ruling that legalized same-sex marriage, overstepped its authority.

In November 2010, voters ousted three other state Supreme Court justices who joined in the unanimous 2009 ruling. Chief Justice Marsha Ternus and Justices David Baker and Michael Streit lost their retention vote after various group’s launched campaigns against them for ruling that Iowa’s law banning same-sex marriage was unconstitutional. Their terms officially expire on Dec. 31.

Opposition to retention was led by Bob Vander Plaats, who formed Iowa for Freedom following an unsuccessful GOP gubernatorial primary bid. The ouster movement was well financed by out-of-state anti-gay interest groups.

"If we’re teaching the kids, 'don’t smoke, because that’s a risky health style,' the same can be true of the homosexual lifestyle," Vander Plaats told ThinkProgress recently.

Watch here:

Vander Plaats and the Iowa Family Leader are at the forefront of a misinformation campaign to support the anti-equality effort, reports ThinkProgress:

Vander Plaats, currently on a 99-county tour intended to solicit support for the Family Leader and rally social conservatives, regularly compares gay marriage to polygamy and incest, telling audiences, “Why not open it up! Bisexual, polygamy, multiple women? Why not?” Earlier this year, Vander Plaats was caught on video railing against “absolute tolerance” during a campaign stop.

Most outlandish, however, was the Family Leader’s comparison on its website of homosexuality to secondhand cigarette smoke. (The Family Leader later removed the link to www.SecondHandEffects.com, a website which asserts that homosexuality reduces life expectancy by up to 35 years and promotes the idea that homosexuality is a curable disease.)

Vander Plaats was a leader of the effort that resulted in the voter recall of three Iowa supreme court justices last November. His advocacy group, Family Leader, wants the remaining four Supreme Court justices who ruled for marriage equality in 2009 to resign, and is calling for their impeachment if they do not.

The Des Moines Register reports:

While both sides of the often divisive and emotional issue have kept it front and center in the public discourse during last year's elections and the current legislative session, a well-populated middle ground means neither supporters nor opponents should claim that a majority of Iowans share their views.

Asked whether they favored or opposed the recent Iowa Supreme Court decision that allowed gay and lesbian couples to marry in Iowa, 30 percent told the Iowa Poll they just don't care much one way or the other, while 37 percent opposed or strongly opposed the court ruling and 32 percent favored it or strongly favored it.

The poll also reflected that 44 percent say the judicial retention vote that ousted three Iowa Supreme Court justices was bad for the state; 39 percent said it was good.

Earlier this month, the Republican-controlled Iowa state House passed a billed aimed at a constitutional amendment to repeal the state’s marriage equality law, and deny any form of legal recognition for gay couples.

But the measure must be approved by both houses of the Iowa legislature in two consecutive legislative sessions before being put up for referendum.

But according to the poll, only 35 percent would vote in favor of a constitutional amendment banning same-sex marriage, while 38 percent said they would vote against the measure.

The Iowa Poll was commissioned by the Des Moines Register, and was based on interviews with 800 Iowans ages 18 or older.

House File 330 would also strip the state's Supreme Court from prohibiting or restricting the law if the bill were passed.

The measure is sponsored by Representative Glen Massie (R- Des Moines), who told the Des Moines Register that his ambition behind the bill is to advocate Judeo Christian ethics as law.

“The Republic is ruled by law. Now the question is from what source do those laws come,” Massie said.

“Everything I do in this building I look at as: I swore an oath to a supreme creator to uphold his law. I know that’s something more of a lecture but I want you to know where I come from. Is this guy just another religious Bible-thumping nut or do I have some reasoning for my thoughts? Historically, I think I have some reasoning for my thoughts.”

Massie was joined by fellow Republican lawmakers Dwayne Alons (R-Hull), Tom Shaw (R-Laurens), Kim Pearson (R-Pleasant Hill), Royd Chambers (R-Sheldon) and Betty De Boef (R- What Cheer).

The Register notes that review of laws by the Supreme Court is one of the fundamental pieces of Iowa’s checks and balances system.

However, there is a provision in the Iowa Constitution (Article 5, Section 4) that allows lawmakers the ability to make laws that skip Supreme Court review, noted Drake Law Professor Ian Bartrum.

“It’s technically probably constitutional but it’s a pretty rare and radical step and probably an ill-advised one,” said Bartrum. “I think this is a knee-jerk reaction. They say, we have this power and they don’t think about what this means to the outcome on the ground.”

That outcome: Iowa families could appeal a recorder’s decision in trial courts but those decisions would not be able to be appealed to the Iowa Supreme Court.

It would make the lower courts ruling final and it would also set up the likelihood that Iowa would have pockets of the state were the law was recognized and others were it was thrown out.

“I think the result is that you would have a hodgepodge of rulings across the state,” Bartrum said. “It would depend on whatever the local district judge thought because were would be no uniform appeal.”

Carolyn Jenison, executive director of One Iowa said, "The Iowa House is leading us toward a constitutional crisis. Not only does this bill attempt to bypass the rules guiding the amendment process but also attempts to strip authority from Iowa’s top court.”

The GOP legislative efforts this session attempting to restrict same-sex marriage rights face uncertain outcomes.

The state senate has a narrow Democratic majority and Senate Majority Leader Michael Gronstal (D-Council Bluffs), has vowed to block any such measure.

Same-sex marriage is currently legal in Iowa -- an April 2009 unanimous ruling by the Iowa Supreme Court that deemed a law prohibiting same-sex civil marriage as unconstitutional.

Zach gave an impassioned plea in support of marriage equality before state legislators on Jan. 31. His personal story of growing up with two mothers "lit up the internet" with more than 5 million views on YouTube.

The next day, the Iowa House passed the amendment, House Joint Resolution 6, by a vote of 62-37.

Appearing on "Ellen," Zach said: "The scary part about that ... for me is that they're lawmakers. They're supposed to protect us, not take our laws away."

Watch here:

Zach's speech also inspired Jean Argus, an 80-year-old Iowa grandmother to post her own YouTube video, speaking out on marriage equality, her gay son, his marriage, and her outrage over the effect the gay marriage debate is having on her and her family.

You can click here to watch Zach's full speech from the Iowa public forum.

And Jean Argus' video is here.