UPDATE: Jennifer and Jessica Buntemeyer Win Battle Over Son's Death Certificate

I first posted about Jenny and Jessica Buntemeyer back in February [original post HERE]. The two met while serving in Iraq, in 2008, fell in love, and were legally married in Iowa, where they live. When they wanted to start a family, Jessica became pregnant via in vitro fertilization, and on October 21, 2011, she gave birth to Brayden Bruce Buntemeyer. 

Sadly, Brayden died after his umbilical cord became wound around his neck. 

When filling out the death certificate for their son, Jessica wrote her name in the box marked "Mother," while Jenny filled out the boxes marked “Father”--the only option on the form for a second parent--and when the Iowa Department of Public Health [IDPH] issued them the death certificate, Jenny's name and identifying information was erased.

A lawsuit was filed against the IDPH by Lambda Legal calling the erasure of Jenny's name "an egregious display of insensitivity and disregard for Iowa law, which states that the spousal presumption of parentage applies to children born to same-sex spouses in the same manner it applies to children of different-sex spouses."

True, Jenny wasn't actually Brayden's 'father' but that was the only option available.

Now comes news that a  A judge has ordered the Iowa Department of Public Health to issue a new death certificate acknowledging Jennifer and Jessica Buntemeyer as the legal parents of their stillborn son, over a year after Brayden was stillborn.

The IDPH has confirmed it issued the new death certificate but though they deny any allegations that they had redacted Jennifer’s name. Their argument, such as it was, was that they were trying to promote "accuracy' on the death certificate.

Still, Fifth Judicial District Judge Robert Hutchison issued his ruling on December 12, 2012 and noted that the IDPH allows non-biological fathers to be listed on certificates, and do not require listing a child’s biological father. Judge Hutchison said, “DPH does not explain how excluding a mother’s wife promotes efficiency beyond reducing its overall workload.”

He also added that as "parents, a mother’s wife is identical to a mother’s husband in every common and ordinary sense except for biology.”

A parent is a parent, and to delete the name of one parent from a death certificate is the height of injustice. A simple change in the form, from "mother" and "father" to "mother" and "parent", or even "Parent 1" and "Parent 2" would seem to be the easiest solution, and would have allowed Jenny and Jessica to grieve for their son rather than fought a court battle.

It's nice to see that the right thing was finally done.

source

Good News Friday #1: Maverick Couch Can Wear His Shirt

Maverick Couch went to school one day wearing this T-shirt, emblazoned with the words 'Jesus Is Not A Homophobe' and all, well, hell broke loose.

I guess because Principal Randy Gebhardt of his school believed Jesus was, in fact, a homophobe. Or something. Gebhardt told Couch to turn the T-shirt inside out, and he complied. When he politely asked if he could wear the T-shirt another day, Gebhardt threatened him with suspension.

So, I thought we'd take a moment and track down Jesus--he's staying in a Holiday Inn on I-20 just outside Smallville--and ask him point-blank, in his face, how he feels about The Gays.

Jesus said, "                                              "

And then he said, "                      "

And he ended with "                                      "

See, Jesus never said a word about The Gays, so, I'm thinking, how can the principal at Maverick Couch's school say that Maverick's shirt was wrong?

He can't.

Lambda Legal sent Gebhardt a letter in January outlining the legal precedent supporting Maverick’s right to wear the shirt. The school district responded that “the message communicated by the student’s T-shirt is sexual in nature and therefore indecent and inappropriate in a school setting.” 

So, Lambda Legal sued the school district on Maverick’s behalf on April 3, and the very next day the school conceded that Couch could wear the shirt. The school district and principal agreed today to have a judgment entered against them.

Maverick says:"I just wanted to wear my shirt. The shirt is a statement of pride, and I hope other students like me know that they can be proud, too."

And when asked about it, Jesus set down his sweet tea, and said, "Way to go, Maverick, and thanks, Lambda Legal.”

via Lambda Legal

                                  

Iowa Erases Mother from Stillborn Baby’s Death Certificate

Jenny Buntemeyer and Jessica Aiken of Davenport, Iowa, met in 2008 and fell in love while serving in Iraq. Under Iowa law they are legally married and, since they wanted to start a family, Jessica became pregnant via in vitro fertilization.
On October 21, 2011, she gave birth to Brayden Bruce Buntemeyer. Sadly, Brayden died after his umbilical cord became wound around his neck. 
When they were asked to fill out the Death Certificate, Jessica wrote her name in the box marked "Mother," while Jenny filled out the boxes marked “Father”--the only option on the form for a second parent.  
This past January 12, 2012, the Iowa Department of Public Health [IDPH] issued them the death certificate on which Jenny's name and identifying information was erased.
Lambda Legal has now filed suit against IDPH on behalf of Jenny and Jessica Buntemeyer. saying:
“This is an egregious display of insensitivity and disregard for Iowa law, which states that the spousal presumption of parentage applies to children born to same-sex spouses in the same manner it applies to children of different-sex spouses. A different-sex married couple grieving a similar loss would receive a two-parent death certificate with no questions asked.  Death certificates and other vital records like birth certificates document legal parentage, and not biology. To white out a mother’s name from her stillborn baby’s death certificate is cruel to a family that is already devastated.”
Just a week prior, in another Lambda Legal case [Gartner v. IDPH]a trial court affirmed that the spousal presumption of “legitimacy” applies equally to children born to married same-sex couples, and ruled that Iowa’s birth certificate statute must be interpreted in a gender-neutral way.
The IDPH is appealing that ruling.
If anyone questions why marriage equality should become law in the entire country, look no further than Jenny and Jessica's story. They are a legally married couple, who wished to be parents, and because of some antiquated form, and possibly because someone at the IDPH is an intolerant bigot, Jenny's not even mentioned on her own child's death certificate.
How is this even possible? In this country? In 2011?


Change.org  has a petition asking the IDPH to stop erasing the names of same-sex parents; go HERE to sign. Go. Now.


via Lambda Legal

Uh, Yeah, Hawaii? It's On!

Yesterday, three weeks after asshat Governor Linda Lingle vetoed a same-sex civil unions measure, six gay couples in Hawaii filed a lawsuit asking for the same rights as married couples.

The lawsuit doesn't seek the titles of "marriage" or "civil unions" for gay partners, but merely requests that the court system extend them the benefits and responsibilities of marriage based on the Hawaii Constitution's prohibition against sex discrimination.

Plaintiff Suzanne King, who has been in a relationship with her partner for 29 years, said: "We continue to be discriminated against. We're a family unit, and we live our lives just like everyone else, but we aren't treated the same."

So simple, and yet Hawaii, and Linda Lingle doesn't get it. E-Q-U-A-L-I-T-Y.

Still, on the other side of equality, is Garret Hashimoto, chairman for the Hawaii Christian Coalition, who is, well, just plain outraged; "I feel insulted. They keep bringing up Martin Luther King, black rights and women's sufferage. This is not about that. This is about two males or two females practicing sex. It's behavior. It's no different from smokers or drinkers."

Homosexuality is no different than smoking and drinking? Someone needs an education.

Jennifer Pizer, senior counsel for Lambda Legal, which is bringing the case along with the American Civil Liberties Union, said: "This case is not about marriage. It's about the right of same-sex couples to at least have a system that is understandable and complete. The state's equality guarantee at least has to mean same-sex couples should have the same rights and responsibilities, even if it's segmented off into a system that isn't as respected, understood and revered as marriage."

Say it with me, Hawaii, E-Q-U-A-L-I-T-Y.

Update: Cole Goforth and Lady Gay Gay

Cole Goforth was sent home for wearing what school officials called a "disruptive" T-shirt; it said “I ♥ Lady Gay Gay.” [original post HERE]

T-shirts with Confederate flags were okay; same goes for shirts with Biblical verses. But shirts with the word gay on them are bad. But the the American Civil Liberties Union of Tennessee and Lambda Legal got involved and now the high school has agreed to stop censoring Cole Goforth for wearing a "gay" shirt.

Beth Littrell, of Lambda Legal: “Sending Cole home for wearing a shirt with the word ‘gay’ on it not only trampled this student’s right to freedom of expression, but also sent a destructive message to all students that there is something wrong with being gay or even saying the word ‘gay.’ We are pleased that school officials have recognized their obligation to respect pro-LGBT speech and to protect students from anti-gay harassment instead of allowing bullies to silence speakers.”

In addition, the school has agreed to provide anti-bullying training to staff and students “to ensure that it is clear that harassment of any student, regardless of sexual orientation, is not acceptable.”

Moving forward. It's a good thing.